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WESTERN WASH. OPERATING ENG. v. Council

Citation: 190 P.3d 506Docket: 36103-5-II

Court: Court of Appeals of Washington; July 8, 2008; Washington; State Appellate Court

Narrative Opinion Summary

The case revolves around the Joint Apprenticeship Training Committees (JATCs) challenging the Washington State Apprenticeship and Training Council's approval of the Construction Industry Training Council of Washington's (CITC) apprenticeship program. The primary issues concerned the Council's reliance on unsworn testimony and procedural irregularities in approving CITC's committee and program standards. The JATCs argued that the CITC failed to demonstrate that its committee members were knowledgeable and that its program standards were consistent with existing ones. The court found the Council's decision lacked substantial evidence due to procedural missteps and remanded the case for further proceedings. The Council's interpretation of committee member requirements and program consistency was scrutinized, leading to a remand to ensure compliance with statutory and regulatory standards. The JATCs were awarded attorney fees for their successful procedural challenges. The case underscores the importance of adhering to statutory requirements and evidentiary standards in administrative proceedings.

Legal Issues Addressed

Attorney Fees in Judicial Review

Application: The JATCs were awarded attorney fees under RCW 4.84.350 for prevailing in challenging the procedural aspects of the Council's decision, with fees and costs to be determined by a court commissioner.

Reasoning: Regarding attorney fees, the JATCs requested costs under RCW 4.84.350, which permits up to $25,000 for prevailing parties in judicial reviews of agency actions, unless the agency action is deemed justified.

Committee Member Knowledge Requirement

Application: The JATCs contested the approval of CITC's committee members, arguing that they did not possess the requisite knowledge at the time of appointment, a challenge that led to the remand for further proceedings.

Reasoning: The JATCs contest the Council's approval of committee members Whiteis, Dotson, and Bogardus, arguing that CITC failed to demonstrate their prior experience in apprenticeship.

Consistency with Existing Standards

Application: The Council's evaluation of CITC's program standards under WAC 296-05-316(26) was questioned for aligning reasonably with existing apprenticeship standards, particularly concerning practical training requirements.

Reasoning: The JATCs raised two main objections: first, the lack of assurance that the three employee-side members were genuine 'employee representatives,' and second, the CITC's failure to show it provided practical hands-on training comparable to existing programs.

Judicial Review of Administrative Decisions

Application: The JATCs sought judicial review of the Council's approval of CITC's apprenticeship program, challenging it on grounds such as reliance on unsworn testimony and procedural irregularities.

Reasoning: The Joint Apprenticeship Training Committees (JATCs) are seeking judicial review of the Washington State Apprenticeship and Training Council's (Council) second approval of the Construction Industry Training Council of Washington's (CITC) proposed apprenticeship program.

Substantial Evidence Requirement

Application: The court found that the Council's decision lacked substantial evidence due to reliance on unsworn testimony and improper official notice, resulting in the reversal of the approval.

Reasoning: The court reversed the Council's decision and remanded for further proceedings due to the reliance on unsworn testimony.