Dick v. Attorney General

521 P.2d 702, 83 Wash. 2d 684, 1974 Wash. LEXIS 944
CourtWashington Supreme Court
DecidedApril 25, 1974
Docket42998
StatusPublished
Cited by20 cases

This text of 521 P.2d 702 (Dick v. Attorney General) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dick v. Attorney General, 521 P.2d 702, 83 Wash. 2d 684, 1974 Wash. LEXIS 944 (Wash. 1974).

Opinions

Rosellini, J.

This case arises under the Consumer Protection Act, RCW 19.86. The respondent is a naturopath [685]*685licensed under RCW 18.36. The Attorney General began an investigation of the respondent and served upon him a pretrial investigative demand requiring the production of his records. The demand stated that it was made on the ground that the documents requested were material and relevant to an investigation of a possible violation of RCW 19.86.020. It further stated that the Attorney General’s office had reason to believe that unfair and deceptive practices had been accomplished by the respondent.

The respondent refused to comply with this demand and the petitioner, acting under the authority of RCW 19.86.110(8), petitioned the superior court for an order directing the respondent to comply. The petition was set for hearing on the day that notice was given to the respondent.

The respondent appeared in superior court and objected to the petition on several grounds, one of which was that the notice did not allow sufficient time to prepare a defense. Other grounds were that the notice did not sufficiently apprise the respondent of the nature of the complaint against him; that it did not comply with the requirement of RCW 19.86.110 (2) (a) that the demand set forth the general subject matter of the investigation; that the information was privileged; and finally that the profession of drugless healing was regulated by the State of Washington under RCW 18.36 and was therefore exempt from the provisions of the Consumer Protection Act under RCW 19.86.170.

The trial court rejected all of these contentions and ordered the production of the records. The respondent petitioned the Court of Appeals for a writ of certiorari which was granted (Dick v. Attorney General, 9 Wn. App. 586, 513 P.2d 568 (1973)). The Court of Appeals dealt with only one of the respondent’s contentions. It held that, because the respondent’s practice was licensed by the director of licenses under RCW 18.36 and regulated by statute, it was exempt from the provisions of the Consumer Protection Act. This court granted the Attorney General’s petition for review.

[686]*686The Consumer Protection Act, RCW 19.86, provides in RCW 19.86.020:

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

The respondent apparently concedes that his drugless healing practice comes within the definition of trade or commerce as used in this statute. It has been and is his position, however, that his practice is exempted under RCW 19.86.170, which provides:

Nothing in this chapter shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance commissioner of this state, the Washington utilities and transportation commission, the federal power commission or any other regulatory body or officer acting under statutory authority of this state or the United States: . . .

It is acknowledged by the petitioner that the practice of drugless healing is regulated under RCW 18.36. Provisions of this chapter require a practitioner of the art of drugless healing, as defined therein, to obtain a license from the director of licenses after having completed certain educational requirements.

The holder of a license must record it in the county where he resides (RCW 18.36.110), he must renew his license annually (RCW 18.36.115), his advertising practices are restricted (RCW 18.36.120), he is made subject to state and local health regulations (RCW 18.36.130), and he is subject to prosecution for violation of any of the foregoing provisions or of RCW 18.36.150, which declares what acts of a drugless healer will constitute “unprofessional conduct.” Under RCW 18.36.170 the license of a drugless healer can be revoked for want of educational qualifications. A hearing procedure is provided in RCW 18.36.170-.220 and provision for appeal to the superior court is contained in RCW 18.36.230.

The petitioner first maintains that the director of licenses is not a “regulatory body or officer” within the meaning of [687]*687RCW 19.86.170, because his regulatory powers are not as comprehensive as those of the Insurance Commissioner, the Washington Utilities and Transportation Commission, or the Federal Power Commission. The meaning of the language “other regulatory body or officer” is not before this court for the first time in this action. In State v. Reader’s Digest Ass’n, 81 Wn.2d 259, 279, 501 P.2d 290 (1972), the Attorney General successfully argued that the defendant in that action was not exempt under RCW 19.86.170, even though it was regulated by the Federal Trade Commission. Agreeing with the petitioner’s interpretation of the provision in question, we said:

The FTC, however, is not a regulatory body within the meaning of RCW 19.86.170.

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Dick v. Attorney General
521 P.2d 702 (Washington Supreme Court, 1974)

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Bluebook (online)
521 P.2d 702, 83 Wash. 2d 684, 1974 Wash. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dick-v-attorney-general-wash-1974.