FILED DECEMBER 7, 2021 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE In the Matter of Confidential Consumer ) Protection Investigation. ) No. 37662-1-III ) (Consolidated with ) No, 37689-3-III) ) KING FUJI RANCH, INC., KING FUJI ) RANCH, MT TRAGGARES, INC. DBA ) ARETE VINYARDS, BENCH ONE, ) INC., KING ORGANICS, INC. ) ) UNPUBLISHED OPINION Appellants, ) ) v. ) ) WASHINGTON STATE OFFICE OF ) THE ATTORNEY GENERAL, ) ) Respondent. ) SIDDOWAY, J. — After King Fuji Ranch, Inc. and related entities (King Fuji) were served with a civil investigative demand by the Washington State Attorney General’s Office (AGO), King Fuji petitioned the Grant County Superior Court to vacate the Nos. 37662-1-III and 37689-3-III In re Confidential Consumer Protection Investigation demand.1 It was unsuccessful and now appeals trial court orders denying its request to vacate the demand and granting the AGO’s motion to enforce it. The subject matter of the AGO’s investigation falls within the scope of activity prohibited by the Consumer Protection Act, chapter 19.86 RCW (CPA), which the AGO is authorized to enforce. Conduct by King Fuji that may have violated the federal Immigration and Nationality Act (INA)2 might be evidence that helps demonstrate a CPA violation, but contrary to King Fuji’s arguments, that alone does not give rise to federal preemption. For that reason, and because the civil investigative demand was not an unreasonable search and did not invade King Fuji’s private affairs without authority of law as alleged by King Fuji, we affirm. FACTS AND PROCEDURAL BACKGROUND King Fuji is an agricultural business that grows apples and wine grapes. It recruits some of its workers from other countries using the H-2A visa process provided by federal law. Eligibility for the visas requires demonstrating that the job openings cannot be filled with United States (U.S.) workers. As part of making that demonstration, King Fuji is required by federal law to submit a job order for approval by the state workforce agency designated by the state—in Washington, the Employment Security Department (ESD). 1 The demand was addressed to King Fuji Ranch, Inc., King Fuji Ranch, ML Taggares, Inc. dba Arete Vineyards, Bench One, Inc., and King Organics, Inc. We use “King Fuji” to refer to King Fuji Ranch, Inc. and to the related entities collectively. 2 8 U.S.C. ch. 12 (as amended). 2 Nos. 37662-1-III and 37689-3-III In re Confidential Consumer Protection Investigation The job order must identify the positions available and their hours, pay, and qualifications. Once the ESD approves a job order submitted by King Fuji, it begins recruiting U.S. workers and refers each U.S. worker who applies for the job opportunity. 20 C.F.R. § 655.121(c), (d). In 2019, the AGO received information that King Fuji might have provided misleading information in the process of hiring H-2A workers the year before. It learned that the president of King Fuji had submitted a job …
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