Legal Opinion

Kabbae v. Department of Social & Health Services

Court of Appeals of Washington

Decided May 5, 2008No. 59607-1-IPublishedCited by 19 opinions

1Opinion of the CourtSchindler, C.J.

¶1 An agency rule that conflicts with the plain language and the legislative intent of a statute is invalid. Bashiru Kabbae challenges the Department of Social and Health Services (DSHS) finding that he neglected three vulnerable adults in violation of RCW 74.34.020 while working as a caregiver. Bashiru Kabbae contends that Washington Administrative Code (WAC) 388-02--0600(2)(e) of the DSHS Hearing Rules for Review Judges impermissibly conflicts with RCW 34.05.464(4) of the Washington Administrative Procedure Act (WAPA), chapter 34.05 RCW, which states that the “reviewing officer shall…

2Cases cited22 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Tapper v. Employment Security DepartmentWashington Supreme Court · 1993
  4. King County v. Central Puget SoundWashington Supreme Court · 2000
  5. King County v. Central Puget Sound Growth Management Hearings BoardWashington Supreme Court · 2000

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3Cited by19 opinions

  1. Kabbae v. DEPART. OF SOCIAL AND HEALTH SER.Court of Appeals of Washington · 2008
  2. Fed. of Employees v. Dept. of Gen. Admin.Court of Appeals of Washington · 2009
  3. Washington Federation of State Employees v. Department of General AdministrationCourt of Appeals of Washington · 2009
  4. Morris v. PALOUSE RIVER & COULEE CITY RRCourt of Appeals of Washington · 2009
  5. Morris v. Palouse River & Coulee City RailroadCourt of Appeals of Washington · 2009

14 more not listed; retrieve them via the Exa API.

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