PAYQWICK: Alleged violation of RCW 42.17A.630 for failure to timely disclose Lobbyist Employer’s expenses for calendar year 2018 (Group Enforcement 2020)

Case

#64863

Respondent

PAYQWICK

Complainant

PDC Staff

Description

BEFORE THE PUBLIC DISCLOSURE COMMISSION
OF THE STATE OF WASHINGTON

In Re: Compliance with RCW 42.17A

PAYQWICK,
Respondent.
PDC Case 64863

Findings of Fact,
Conclusions of Law, and
Order Imposing Fine

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to PayQwick on February 13, 2020, a brief adjudicative proceeding was held on February 28, 2020, in Room 206, Evergreen Plaza Building, 711 Capitol Way, Olympia, Washington, to consider whether the Respondent violated RCW 42.17A.630 by failing to file Annual Lobbyist Employer Reports (L-3 Reports) as a lobbyist employer for the 2018 calendar year. The L-3 report was due to be filed no later than February 28, 2019.

The hearing was held in accordance with Chapters 34.05 RCW and 42.17A RCW and Chapter 390-37 WAC. Commission Chair Dave Ammons was the Presiding Officer. The Commission staff was represented by Tabitha Townsend, Compliance Coordinator. The Respondent did not participate in the hearing or submit any written materials.

Having considered the evidence, the Presiding Officer finds as follows:

FINDINGS OF FACT

1. The Respondent was a lobbyist employer of a registered lobbyist in the State of Washington during calendar year 2018.
2. As a lobbyist employer, the Respondent was required to file the L-3 report by the last day of February in 2019 disclosing the annual amount of lobbying expenses in the prior calendar year, such as lobbyist compensation, contributions and independent expenditures made, lobbying expenditures made, and compensation for professional services to entities held by state officials, successful state candidates, or their immediate families.
3. The Respondent did not file the missing L-3 report for 2018 prior to the date of the hearing.
4. The Respondent has no prior violations.

CONCLUSIONS OF LAW

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:

1. This matter was duly and properly convened and all jurisdictional, substantive, and procedural requirements have been satisfied.

2. The Respondent violated RCW 42.17A.630 by failing to file the L-3 reports by the last day of February, February 28, 2019, as required.
ORDER

On the basis of the foregoing Findings of Fact and Conclusions of Law,

IT IS HEREBY ORDERED that the Respondent is assessed a civil penalty of $250 in accordance with the L-2 penalty schedule set forth in WAC 390-37-143. The $250 penalty is due within 30 days from the date of this Order.
In the event the Respondent fails to pay the assessed civil penalty within 90 days of the date of the Order, PDC staff is directed to refer the matter to outside collections for the amount owed.
This is an Initial Order of the Public Disclosure Commission.

Entered this 9th day of March.

Public Disclosure Commission

At a September 22, 2022 Commission Meeting, the Commission heard the Respondent's request for a Reconsideration of the Order from its February 28, 2020 Brief Enforcement Hearing. At the 9/22/22 Reconsideration hearing, the Commission VACATED the finding of a violation and the penalty imposed at the 2/28/20 brief hearing.

Disposition

Dismissed by Commission

Date Opened

February 12, 2020

Areas of Law

RCW 42.17A.630