RCW 34.05.4791 — Washington Code / Title 34 / Chapter 05 / Section 4791
RCW 34.05.4791: Secure community transition facility—Proceeding concerning public safety measures.
Status: in_force

A petition brought pursuant to RCW 71.09.342 (5) shall be heard under the provisions of RCW 34.05.479 except that the decision of the governor's designee shall be final and is not subject to judicial review.
RCW 34.08.020 — Washington Code / Title 34 / Chapter 08 / Section 020
RCW 34.08.020: Washington State Register—Created—Publication period—Contents.
Status: repealed

There is hereby created a state publication to be called the Washington State Register, which shall be published on no less than a monthly basis. The register shall contain, but is not limited to, the following materials received by the code reviser's office during the pertinent publication period: (1)(a) The full text of any proposed new or amendatory rule, as defined in RCW 34.05.010 , and the citation of any existing rules the repeal of which is proposed, prior to the public hearing on such proposal. Such material shall be considered, when published, to be the official notification of the intended action, and no state agency or official thereof may take action on any such rule except on emergency rules adopted in accordance with RCW 34.05.350 , until twenty days have passed since the distribution date of the register in which the rule and hearing notice have been published or a notice regarding the omission of the rule has been published pursuant to RCW 34.05.210 (4) as now or hereafter amended; (b) The small business economic impact statement, if required by RCW 19.85.030 , preceding the full text of the proposed new or amendatory rule; (2) The full text of any new or amendatory rule adopted, and the citation of any existing rule repealed, on a permanent or emergency basis; (3) Executive orders and emergency declarations of the governor; (4) Public meeting notices of any and all agencies of state government, including state elected officials whose offices are created by Article III of the state Constitution or RCW 48.02.010 ; (5) Rules of the state supreme court which have been adopted but not yet published in an official permanent codification; (6) Summaries of attorney general opinions and letter opinions, noting the number, date, subject, and other information, and prepared by the attorney general for inclusion in the register; (7) Juvenile disposition standards and security guidelines proposed and adopted under RCW 13.40.030 ; (8) Proposed and adopted rules of the commission on judicial conduct; (9) The maximum allowable rates of interest and retail installment contract service charges filed by the state treasurer under RCW 19.52.025 and * 63.14.135 . In addition, the highest rate of interest permissible for the current month and the maximum retail installment contract service charge for the current year shall be published in each issue of the register. The publication of the maximum allowable interest rate established pursuant to RCW 19.52.025 shall be accompanied by the following advisement: NOTICE: FEDERAL LAW PERMITS FEDERALLY INSURED FINANCIAL INSTITUTIONS IN THE STATE TO CHARGE THE HIGHEST RATE OF INTEREST THAT MAY BE CHARGED BY ANY FINANCIAL INSTITUTION IN THE STATE. THE MAXIMUM ALLOWABLE RATE OF INTEREST SET FORTH ABOVE MAY NOT APPLY TO A PARTICULAR TRANSACTION; and (10) A list of corporations dissolved during the preceding month filed by the secretary of state under chapter 23B.14 RCW.
RCW 34.05.650 — Washington Code / Title 34 / Chapter 05 / Section 650
RCW 34.05.650: Recommendations by committee to legislature.
Status: repealed

The rules review committee may recommend to the legislature that the original enabling legislation serving as authority for the adoption of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable.
RCW 34.05.410 — Washington Code / Title 34 / Chapter 05 / Section 410
RCW 34.05.410: Application of Part IV.
Status: in_force

(1) Adjudicative proceedings are governed by RCW 34.05.413 through 34.05.476 , except as otherwise provided: (a) By a rule that adopts the procedures for brief adjudicative proceedings in accordance with the standards provided in RCW 34.05.482 for those proceedings; (b) By RCW 34.05.479 pertaining to emergency adjudicative proceedings; or (c) By RCW 34.05.240 pertaining to declaratory proceedings. (2) RCW 34.05.410 through 34.05.494 do not apply to rule-making proceedings unless another statute expressly so requires.
RCW 34.05.345 — Washington Code / Title 34 / Chapter 05 / Section 345
RCW 34.05.345: Failure to give twenty days notice of intended action—Effect.
Status: in_force

Except for emergency rules adopted under RCW 34.05.350 , when twenty days notice of intended action to adopt, amend, or repeal a rule has not been published in the state register, as required by RCW 34.05.320 , the code reviser shall not publish such rule and such rule shall not be effective for any purpose.
RCW 34.05.322 — Washington Code / Title 34 / Chapter 05 / Section 322
RCW 34.05.322: Scope of rule-making authority.
Status: in_force

For rules implementing statutes enacted after July 23, 1995, an agency may not rely solely on the section of law stating a statute's intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency may use the statement of intent or purpose or the agency enabling provisions to interpret ambiguities in a statute's other provisions.
RCW 34.12.070 — Washington Code / Title 34 / Chapter 12 / Section 070
RCW 34.12.070: Record of hearings.
Status: in_force

The chief administrative law judge may establish a method of making a record of all hearings and may employ or contract in order to implement such method.
RCW 34.12.010 — Washington Code / Title 34 / Chapter 12 / Section 010
RCW 34.12.010: Office created—Conduct of hearings—Chief administrative law judge, appointment, term, qualifications, removal.
Status: in_force

A state office of administrative hearings is hereby created. The office shall be independent of state administrative agencies and shall be responsible for impartial administration of administrative hearings in accordance with the legislative intent expressed by this chapter. Hearings shall be conducted with the greatest degree of informality consistent with fairness and the nature of the proceeding. The office shall be under the direction of a chief administrative law judge, appointed by the governor with the advice and consent of the senate, for a term of five years. The person appointed is required, as a condition of appointment, to be admitted to practice law in the state of Washington, and may be removed for cause.
RCW 34.05.365 — Washington Code / Title 34 / Chapter 05 / Section 365
RCW 34.05.365: Incorporation by reference.
Status: in_force

An agency may incorporate by reference and without publishing the incorporated matter in full, all or any part of a code, standard, rule, or regulation that has been adopted by an agency of the United States, of this state, or of another state, by a political subdivision of this state, or by a generally recognized organization or association if incorporation of the full text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in agency rules shall fully identify the incorporated matter. An agency may incorporate by reference such matter in its rules only if the agency, organization, or association originally issuing that matter makes copies readily available to the public. The incorporating agency shall have, maintain, and make available for public inspection a copy of the incorporated matter. The rule must state where copies of the incorporated matter are available.
RCW 34.05.315 — Washington Code / Title 34 / Chapter 05 / Section 315
RCW 34.05.315: Rule-making docket.
Status: in_force

(1) Each agency shall maintain a current public rule-making docket. The rule-making docket shall contain the information specified in subsection (3) of this section. (2) The rule-making docket shall contain a listing of each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced by publication of a notice of proposed rule adoption under RCW 34.05.320 until the proposed rule is withdrawn under RCW 34.05.335 or is adopted by the agency. (3) For each rule-making proceeding, the docket shall indicate all of the following: (a) The name and address of agency personnel responsible for the proposed rule; (b) The subject of the proposed rule; (c) A citation to all notices relating to the proceeding that have been published in the state register under RCW 34.05.320 ; (d) The place where written submissions about the proposed rule may be inspected; (e) The time during which written submissions will be accepted; (f) The current timetable established for the agency proceeding, including the time and place of any rule-making hearing, the date of the rule's adoption, filing, publication, and its effective date.
RCW 34.08.050 — Washington Code / Title 34 / Chapter 08 / Section 050
RCW 34.08.050: Institutions of higher education considered state agencies for certain purposes.
Status: in_force

For the purposes of the state register and this chapter, an institution of higher education, as defined in RCW 34.05.010 , shall be considered to be a state agency.
RCW 34.08.905 — Washington Code / Title 34 / Chapter 08 / Section 905
RCW 34.08.905: Effective date—1977 ex.s. c 240.
Status: in_force

This 1977 amendatory act shall take effect January 1, 1978.
RCW 34.12.080 — Washington Code / Title 34 / Chapter 12 / Section 080
RCW 34.12.080: Procedural conduct of hearings—Rules.
Status: in_force

All hearings shall be conducted in conformance with the Administrative Procedure Act, chapter 34.05 RCW. After consultation with affected agencies, the chief administrative law judge may promulgate rules governing the procedural conduct of the hearings. Such rules shall seek the maximum procedural uniformity in agency hearings consistent with demonstrable needs for individual agency variation.
RCW 34.05.449 — Washington Code / Title 34 / Chapter 05 / Section 449
RCW 34.05.449: Procedure at hearing.
Status: in_force

(1) The presiding officer shall regulate the course of the proceedings, in conformity with applicable rules and the prehearing order, if any. (2) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order. (3) In the discretion of the presiding officer, and where the rights of the parties will not be prejudiced thereby, all or part of the hearing may be conducted by telephone, television, or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and, if technically and economically feasible, to see the entire proceeding while it is taking place. (4) The presiding officer shall cause the hearing to be recorded by a method chosen by the agency. The agency is not required, at its expense, to prepare a transcript, unless required to do so by a provision of law. Any party, at the party's expense, may cause a reporter approved by the agency to prepare a transcript from the agency's record, or cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption. (5) The hearing is open to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure or under a protective order entered by the presiding officer pursuant to applicable rules. A presiding officer may order the exclusion of witnesses upon a showing of good cause. To the extent that the hearing is conducted by telephone, television, or other electronic means, and is not closed, the availability of public observation is satisfied by giving members of the public an opportunity, at reasonable times, to hear or inspect the agency's record, and to inspect any transcript obtained by the agency.
RCW 34.05.230 — Washington Code / Title 34 / Chapter 05 / Section 230
RCW 34.05.230: Interpretive and policy statements.
Status: in_force

(1) An agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules. (2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter. (3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster periodically and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service. (4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.
RCW 34.12.130 — Washington Code / Title 34 / Chapter 12 / Section 130
RCW 34.12.130: Administrative hearings revolving fund—Created, purposes.
Status: in_force

The administrative hearings revolving fund is hereby created in the state treasury for the purpose of centralized funding, accounting, and distribution of the actual costs of the services provided to agencies of the state government by the office of administrative hearings. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the administrative hearings revolving fund to the general fund such amounts as reflect the excess fund balance of the fund. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the administrative hearings revolving fund to the state general fund.
RCW 34.05.370 — Washington Code / Title 34 / Chapter 05 / Section 370
RCW 34.05.370: Rule-making file.
Status: in_force

(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection. (2) The agency rule-making file shall contain all of the following: (a) A list of citations to all notices in the state register with respect to the rule or the proceeding upon which the rule is based; (b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based; (c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based; (d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations; (e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule; (f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business; (g) The concise explanatory statement required by RCW 34.05.325 (6); and (h) Any other material placed in the file by the agency. (3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision. (4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.
RCW 34.05.586 — Washington Code / Title 34 / Chapter 05 / Section 586
RCW 34.05.586: Defenses, limitations on.
Status: in_force

(1) Except as expressly provided in this section, a respondent may not assert as a defense in a proceeding for civil enforcement any fact or issue that the respondent had an opportunity to assert before the agency or a reviewing court and did not, or upon which the final determination of the agency or a reviewing court was adverse to the respondent. A respondent may assert as a defense only the following: (a) That the rule or order is invalid under RCW 34.05.570 (3) (a), (b), (c), (d), (g), or (h), but only when the respondent did not know and was under no duty to discover, or could not reasonably have discovered, facts giving rise to this issue; (b) That the interest of justice would be served by resolution of an issue arising from: (i) A change in controlling law occurring after the agency action; or (ii) Agency action after the respondent has exhausted the last foreseeable opportunity for seeking relief from the agency or from a reviewing court; (c) That the order does not apply to the respondent or that the respondent has not violated the order; or (d) A defense specifically authorized by statute to be raised in a civil enforcement proceeding. (2) The limitations of subsection (1) of this section do not apply to the extent that: (a) The agency action sought to be enforced is a rule and the respondent has not been a party in an adjudicative proceeding that provided an adequate opportunity to raise the issue; or (b) The agency action sought to be enforced is an order and the respondent was not notified actually or constructively of the related adjudicative proceeding in substantial compliance with this chapter. (3) The court, to the extent necessary for the determination of the matter, may take new evidence.