(1) Based on the
investigation conducted under RCW 42.52.420 or 42.52.450, and
subject to rules issued by each board, the board or the staff of
the appropriate ethics board may issue an order of dismissal
based on any of the following findings:
(a) Any violation that may have occurred is not within the
jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous; or
(c) Any violation that may have occurred does not constitute
a material violation because it was inadvertent and minor, or has
been cured, and, after consideration of all of the circumstances,
further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection (1)
of this section shall be provided to the complainant, respondent,
and the board. The written notice to the complainant shall
include a statement of the complainant's right to appeal to the
board under subsection (3) of this section if the dismissal order
was issued by staff.
(3) In the event that a complaint is dismissed by staff
under this section, the complainant may request that the board
review the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to
believe that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this
section shall be reduced to writing and provided to the
complainant and the respondent.
[2005 c 116 § 1; 2000 c 211 § 2.]