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SNOHOMISH COUNTY PUBLIC TRANSP. v. PERC

No. 42435-5-II.

294 P.3d 803 (2013)

SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA, d/b/a Community Transit, Petitioner, v. STATE of Washington PUBLIC EMPLOYMENT RELATIONS COMMISSION and Amalgamated Transit Union, Local 1576, Respondents.

Court of Appeals of Washington, Division 2.

February 12, 2013.

Attorney(s) appearing for the Case

Shannon E. Phillips , Sofia D'almeida Mabee , Summit Law Group PLLC, Seattle, WA, for Appellant.

Spencer Walter Daniels , Office of the Attorney General, Olympia, WA, Michael Craig Subit , Clifford Freed , Frank Freed Subit & Thomas LLP, Seattle, WA, for Respondent.

WORSWICK, C.J.

¶ 1 Under Washington's Administrative Procedure Act (APA),1 agencies have discretion whether to issue decisions through adjudication or rulemaking. But the APA limits the scope of an adjudicative order to one that determines the rights, duties, privileges, or other legal interests of specific persons. Hence, an adjudicative order cannot be used to promulgate a new, purely prospective...

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