43.12 - Commissioner of public lands.

43.12.010 - Powers and duties—Generally.

The commissioner of public lands shall exercise such powers and perform such duties as are prescribed by law.

[ 1965 c 8 § 43.12.010; 1921 c 7 § 119; RRS § 10877; ]

43.12.021 - Commissioner—Deputy—Appointment—Powers—Oath.

The commissioner shall have the power to appoint an assistant, who shall be deputy commissioner of public lands with power to perform any act or duty relating to the office of the commissioner, and, in case of vacancy by death or resignation of the commissioner, shall perform the duties of the office until the vacancy is filled, and shall act as chief clerk in the office of the commissioner, and, before performing any duties, shall take, subscribe, and file in the office of the secretary of state the oath of office required by law of state officers.

[ 2003 c 334 § 305; 1927 c 255 § 14; RRS § 7797-14; 1903 c 33 § 1; RRS § 7815; ]

43.12.031 - Auditors and cashiers—Other assistants.

The commissioner shall have the power to appoint an auditor and cashier and such number of other assistants, as the commissioner deems necessary for the performance of the duties of the office.

[ 2003 c 334 § 306; 1927 c 255 § 15; RRS § 7797-15; ]

43.12.041 - Official bonds.

The commissioner and those appointed by the commissioner shall enter into good and sufficient surety company bonds as required by law, in the following sums: Commissioner, fifty thousand dollars; and other appointees in such sum as may be fixed in the manner provided by law.

[ 2003 c 334 § 307; 1927 c 255 § 16; RRS § 7797-16; 1907 c 119 §§ 1, 2; RRS §§ 7816, 7817; ]

43.12.045 - Rule-making authority.

For rules adopted after July 23, 1995, the commissioner of public lands may not rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

[ 1995 c 403 § 101; ]

43.12.055 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.

Enforcement action taken after July 23, 1995, by the commissioner of public lands or the supervisor of natural resources shall be in accordance with RCW 43.05.100 and 43.05.110.

[ 2003 c 334 § 103; 1995 c 403 § 622; ]

43.12.065 - Rules pertaining to public use of state lands—Enforcement—Penalty.

  1. For the promotion of the public safety and the protection of public property, the department of natural resources may, in accordance with chapter 34.05 RCW, issue, promulgate, adopt, and enforce rules pertaining to use by the public of state-owned lands and property which are administered by the department.

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    1. Except as otherwise provided in this subsection, a violation of any rule adopted under this section is a misdemeanor.

    2. Except as provided in (c) of this subsection, the department may specify by rule, when not inconsistent with applicable statutes, that violation of such a rule is an infraction under chapter 7.84 RCW. However, any violation of a rule relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.

    3. Violation of such a rule equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.

  3. The commissioner of public lands and those employees as the commissioner may designate shall be vested with police powers when enforcing:

    1. The rules of the department adopted under this section;

    2. The civil infractions created under RCW 79A.80.080; or

    3. The general criminal statutes or ordinances of the state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property.

  4. The commissioner of public lands may, under the provisions of RCW 7.84.140, enter into an agreement allowing employees of the state parks and recreation commission and the department of fish and wildlife to enforce certain civil infractions created under this title.

[ 2011 c 320 § 16; 2003 c 53 § 229; 1987 c 380 § 14; 1979 ex.s. c 136 § 38; 1969 ex.s. c 160 § 1; ]

43.12.075 - Duty of attorney general—Commissioner may represent state.

It shall be the duty of the attorney general, to institute, or defend, any action or proceeding to which the state, or the commissioner or the board, is or may be a party, or in which the interests of the state are involved, in any court of this state, or any other state, or of the United States, or in any department of the United States, or before any board or tribunal, when requested so to do by the commissioner, or the board, or upon the attorney general's own initiative.

The commissioner is authorized to represent the state in any such action or proceeding relating to any public lands of the state.

[ 2003 c 334 § 431; 1959 c 257 § 40; 1927 c 255 § 194; RRS § 7797-194; 1909 c 223 § 7; 1897 c 89 § 65; 1895 c 178 § 100; ]

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