This section modifies existing section 42.52.200. Here is the modified chapter for context.
Each agency may adopt rules consistent with law, for use within the agency to protect against violations of this chapter.
Each agency proposing to adopt rules under this section shall forward the rules to the appropriate ethics board before they may take effect. The board may submit comments to the agency regarding the proposed rules.
This section applies to institutions of higher education only to the extent their activities are not subject to RCW 42.52.220.
This section modifies existing section 42.52.220. Here is the modified chapter for context.
Consistent with the state policy to encourage basic and applied scientific research by the state's research universities as stated in RCW 28B.140.005, and consistent with the expectations of university faculty to produce, publish, and disseminate research and scholarship, each university and the state board for community and technical colleges may develop, adopt, and implement one or more written administrative processes that shall apply in place of the obligations imposed on institutions of higher education, faculty, and university research employees under RCW 42.52.030, 42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.140, 42.52.150, and 42.52.160. The institutions of higher education shall coordinate on the development of administrative processes to ensure the processes are comparable. Each policy shall apply upon approval by boards of trustees or regents for the state universities, regional universities, and The Evergreen State College, or by the state board for community and technical colleges. Each board of trustees or regents and the state board for community and technical colleges must provide the executive ethics board with a copy of each institution's policy upon approval. A faculty member or university research employee in compliance with the processes authorized in this section shall be deemed to be in compliance with RCW 42.52.030, 42.52.040, 42.52.080, 42.52.110, 42.52.120, 42.52.130, 42.52.140, 42.52.150, and 42.52.160.
The executive ethics board shall enforce activity subject to the written approval processes under this section, as provided in RCW 42.52.360.
This section modifies existing section 42.52.360. Here is the modified chapter for context.
The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.
The executive ethics board shall enforce this chapter with regard to the activities of institution of higher education faculty and research employees as provided in this subsection.
With respect to compliance with RCW 42.52.030, 42.52.110, 42.52.130, 42.52.140, and 42.52.150, the administrative process for university research employees shall be consistent with and adhere to no less than the current standards in regulations of the United States public health service and the office of the secretary of the department of health and human services in Title 42 C.F.R. Part 50, Subpart F relating to promotion of objectivity in research.
With respect to compliance with RCW 42.52.040, 42.52.080, and 42.52.120, the administrative process shall include a comprehensive system for the disclosure, review, and approval of outside work activities by institution of higher education faculty and research employees while assuring that such employees are fulfilling their employment obligations to the institution of higher education.
With respect to compliance with RCW 42.52.160, the administrative process shall include reasonable determinations by the institution of higher education of :
Acceptable private uses having de minimis costs to the institution of higher education and a method for establishing fair and reasonable reimbursement charges for private uses the costs of which are in excess of de minimis**; and**
Acceptable private uses having more than de minimis costs to the institution of higher education, but which are performed as part of the faculty or research employee's duties or job requirements.
The executive ethics board shall:
Develop educational materials and training;
Adopt rules and policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
Issue advisory opinions;
Investigate, hear, and determine complaints by any person or on its own motion;
Impose sanctions including reprimands and monetary penalties;
Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it.
The board may:
Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
Administer oaths and affirmations;
Examine witnesses; and
Receive evidence.
The board shall not delegate to the board's executive director its authority to issue advisories, advisory letters, or opinions.
Except as provided in RCW 42.52.220, the executive ethics board may review and approve agency policies as provided for in this chapter.
This section does not apply to state officers and state employees of the judicial branch.