I



# i



# • Chapter 34.05 RCW ADMINISTRATIVE PROCEDURE ACT

34.05.210

34.05.220 34.05.010 34.05.020 Sections
34.05.001

Joinl adminisUltive rulesreviewc:ommiu-MembcnAppolntment-TertIl5-Vacancies.' Review ofproposed rule&-Notice. Review ofexisting ns1e5-Policy sut.ements. guidelinea, issuanocs-NotiI»-Hearing. Committee objectiOll5 to 19ICDCy ac:boo or failure to Idopt ruJe-StalCmenl in and WAC-Suspensioo or rule. RCCOI1U1lCDdatio bycommittee to legislature. Reviewand objcc:liOll proocdures-No presumptioo lishcd.
PARTIX TECHNICALPilOVISIONS c.pci0llS and beadinp. Severability-l988 e288. Effective**~AppiicIlioD-l988** e 288. 34.05.900 34.05.901 34.05.902 34.05.650 34.05.660 34.05.620 34.05.630

34.05.640

. 34.05.610 34.05.514 34.05.518 34.0.5.522 34.05.526 34.05.530 34.05.534 34.05.542 34.05.546 34.05.550 34.05.5.54 34.05.5.58 34.05.562 34.05.566 34.05

..570 34.05.574 34.05.578 34.05.582 34.05.586 34.05.588 34.05.590 34.05.594 34.05.598 Subpoenas, discovery. and proteetive orden. Procedure III 

### hearina· Rules ofevidenoc--Crou-euminlllion. Ex patte communiclfions. SeparaDOII offuDctioas. Entry oforden. Review of initial orden. Stay. RcconsideratiOll. EffeCtiveness oforden. Agency record. Emergency adjudicative prooeedinp. Briefadjudicative proceedings-Applicability. Briefadjudicative proceedings-Procedure. Briefproceedings-Administralive review-Applicability. Briefproceediags-AdmiDisCrative rev;ew-Procedures. Agency recordin briefproc:eedinp.
PARTV JUDICIALREVIEW AND

### eva ENFORCEMENT

34.05.5 I0 Relationship betweell this dlapter and otherjudicial review authority. Petition for review-When: filed.

. Directreview by ColIn 

### IJiappeals.

Refusal ofreview bycourtof appeals. AppeUaae 

### review byIUJlRIDe c:owtor court orappeals. Standing. Exhaustion ofadmi.aislrltive remediea. Time for filing petition for review. Petition for review--Coolalls. Stay and other temporary remediea. Umiwion 011 new issues. Judicial review offaeu coofined to 

### RlCOI'd.
New evidence Iakeo bycourt or ageocy. Agency record for revieW---<:osu. Judic:ia1 review. Type ofrelief. Petitioa by

### -seney for enforcemeot. Petitioo by othen for enforocmeol Defenses. limitations on. Enforcement ofageocy subpoena. Inc:orporatioo ofotherjudicial review provWoas. Reviewby higher

### coun. Frivolous petitiOll5.
PARTVI LEGISLATIVE REVIEW**34.0~.446** 34.05.449 34.05.452 34.05.455 34.05.4.58 34.05.461 34.05.464 34.05.467 34.05.470 34.05.473 34.05.476**34.0~.479** 34.05.482 34.05.485 34.05.488 34.05.491 34.05.494

PART IV ADJUDICAnVE PROCEEDINGS
Application of Part IV. Commencement-When required. Decision not to conduct an adjudication. Agency action on applications for adjudication. Rate changes. licenses. Presiding officers-DisqualifJCaliOll, substitutioo. Represenlalion. Conference-Proocdure aDd participation

. Notice of hearing. Pleadings. briefs, motions. service. Default. Intervention. PART I GENERAL PROVISIONS

PART II PUBLIC ACCESS TO AGENCY RULES

Code and register-Publication and distribution-Omissions. removals. revisions-Judicial notice. Rules for agency procedure-Indexes ofopinions and statements, Interprenve and policy statements. Declaratory order by agency-Petitioo-Coun review. Model rules of procedure.

PART III

. RULE-MAKING PROCEDURES
PrenoueecommcnlS-NegoWUed and pilot rules. Rules coordinator. Compliance feasibility studies-Pilot projecl5. Rule-making docket. Notice of proposed rule-ContenlS-Distribution by agency-Institutions ofhigher education. Public participation.

. Petition for adoption. amendment. repeaJ-Agency aeuon. Withdrawal of proposal-Time andmanner ofadoption. Variance between proposed and final rule. Failure to give twenty days notice ofintended aCtionEffect. Emergency rules and amendments. Concise explanau)f)' swement. Order adopting rule. contents. Incorporation by reference. Rule-making file. Substantial compliance with procedures. filing with code reviser-Register-Effective dates. Rules for rulemaking. Style, format, and numbering-Agency compliance. FOrmal and style of amendatory and new sectioos-Failure
to comply. Legislative intent.

Definitions. S3vings-Aulhority ofaaencies 10comply with cl\aptcrEffect of subsequent Iegislatioa. Exclusions from chapter or partS ofchapter. Operation of ebapter if in conflict with federaJ law. WlIiver. Informal settlements. Conversion of proceedings. V3riOllion from time linuts.

34.05.350 34.05.355 34.05.360 34.05.365 34.05.370 34.05.375 34.05.380 34.05.385 34.05.390 34.05.395 34.05.310 34.05.312 34.05.313 34.05.315 34.05.320

34.05.325 34.05.330 34.05.335 34.05.340 34.05.345 34.05.230 34.05.240 34.05.250 34.05.030 34.05.040 34.05.050 34.05.060 34.05.070 34.05.080

34.05.410 34.05.413 34.05.416 34.05.419 34.05.422 34.05.425 34.05.428

• 34.05.431 34.05.434 34.05.437 34.05.440 34.05.443 

# •

(1994) [CIL. 3405 p. 1)



## (

# ,-c-r

# :~ head is a body of

### iDdividuaJs. a majority of

### those Individuals constitutes 

### the 

### aaeacybead. (5) "Entry" of aD 

### ordermeans 

### the signing of

### the

## ~\ by all 

### persons who 

### are to sign the 

### order. 

### u anofficial

# a..,J indicating that 

### the order 

### is to 

### beeffective. (6) "Filing" ofa document that is required to 

### be filed with an agency means delivery of the document to a place designated by the agency by rule for receipt ofofficial documents. or in the absence of such designation. at the office ofthe agency 

### head. (7) "Institutions ofhigher education" arethe University ofWashington. Washington State University. Central Washington University. Eastern Washington Univenity. Western Washington University. The Evergreen State College. the various community colleges. and 

### thegoverning**b~~r~s** ofeach ofthe above. and the various colleges. 

### divisions, departments, or offices authorized by the governing 

### board of

### the institution involved to act for

### theinstitution. all of which 

### are sometimes referred to in this chapter as "institutions." (8) "Interpretive statement" means a written expression ofthe opinion of an agency. entitled an interpretive statement by the agency 

### bead or its designee. 

### asto 

### the meaning of a statute or otherprovision oflaw. of a court decision. or ofan agency order. (9)(a) 

### "License" means a 

### franchise, 

### permit, certification. approval. registration. 

### charter,or similar form of authorization required by law. but does not include (i) a license 

### requiredsolely 

### for revenue 

### purposes. or (ii) 

### acertification of

an exclusive bargaining representative. or similar**status~~** .

### un~er a collective bargaining law or similar statute, or

## (iii**\~:.-­** a license. franchise. or permission for use of

### trademarks~j symbols. 

### andsimilar property owned or controlled by 

### the agency. (b) "Licensing" includes 

### the agency 

### processrespecting the issuance. denial, revocation, suspension. or modification ofa license.

. (lO)(a) "Order," without 

### furtherqualification. means a written statement ofparticular applicability that finally determines 

### thelegal rights. duties. privileges, immunities. or other legal 

### interestsofa specific 

### person or 

### persons. (b) "Order of adoption" means the official written
statement by which an agency adopts. amends. or repeals a rule.(II) "Party to agency proceedings," or "party" in a
context so indicating, means:

. (a) A person to whom the agency action is specifically directed; or (b) A person 

### named as a party to 

### theagencyproceeding

or allowed to intervene or participate as a party in the agency proceecting. (12) "Pany to judicial review or civil enforcement proceedings." or 

### "party" in a context so indicating. means: (a) A person 

### whofiles a petition for a

### judicial review or civil enforcement proceeding; or

. (b) A person named as a party in a judicial review or civil enforcement proceeding. or allowed to participate 

### asa

. party in ajudicial review orcivil enforcement proceeding.

-- (13 "Person."

# ~eans any individual,.

# ~a~tnershiPO·\ corporation, 8SSOC1!UJOD. governmental subdlVlSJon or unit thereof. or public or private organization or entity ofany. character, and includes 

### anotheragency. 

### PART I GENERAL PROVISIONS 34.05.001 AdmInistratIVe Procedure Ad

. RCW 

### 34.0S.0C)( Legislative 

### lateDL The legislature Intends. by enacting this 1988 Administrative 

### Procedure Act,
to clarify 

### the existing law of administrative procedure. to achieve greater consistency with other states 

### and the federal government in administrative procedure. and to provide greater public and legislative access to administrative decision making. 

### 'The legislature intends that to the greatest extent possible and unless this chapter clearly requires otherwise. current agency practices and court decisions interpreting the Administrative Procedure Act in effect before July I. 1989. shall remain in effect. The legislature also intends that the courts should interpretprovisions 

### of this chapter consistently with decisions of

### othercourts interpreting similar provisions ofother states. 

### the federal government, and model acts. [1988 c 288 

### § 18.]

RCW 

### 34.05.010 Definitions. 

### Thedefinitions set forth in this section shall apply throughout this chapter. unless 

### the
context clearly requires otherwise. (I) "Adjudicative proceeding" means a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry ofan orderby 

### the agency. Adjudicative proceedings also include all cases oflicensing 

### andrate making in which an application for a license or rate change is denied except as limited by RCW 66.08.150. or a license is revoked. suspended. or modified. or in which 

### thegranting ofan application is contested-by a person having standing to • contest under the law. (2) "Agency" means any state board. commission. department. institution ofhigher education. or officer. authorized by law to make rules or to conduct adjudicative proceedings. except those in the legislative orjudicial branches. the governor. or the attorney general except to 

### the
extent otherwise required by law and any local governmental entity that may request the appointment ofan administrative law judge under chapter 42.41 RCW.

. (3) "Agency action" means licensing. the implementauon or enforcement ofa statute. the adoption or application of an agency rule or order. the imposition ofsanctions. or the granting or withholding ofbenefits. Agency action does not include an agency decision regarding (a) contracting or procurement ofgoods. services. public works. and the purchase. lease. or acquisition by any other means. including eminent domain. ofreal estate. as well as all activities necessarily related to those functions. or (b) determinations as to the sufficiency of a showing of interest filed in support of a representation petition. or mediation or conciliation oflabor disputes or arbitration of labor disputes under a collective bargaining law or similar
statute. or (c) any sale. lease. contract, or other proprietary**~ecision** in the management ofpublic lands or 

### realproperty 

### interests. or (d) the granting of a license. franchise. or permission for 

### the use oftrademarks. symbols. and similar property owned or controlled by the agency. (4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority ofthe agency is vested by any provision oflaw. 

### If the agency

[Cb. J4.05-p. 2)

### - AdmlDlstrative Procedure 

### Ad 

# •

•

• (14) 

### "Policy statement- means a written description of the current approach of 

### an agency. entitled a policy 

### statement by the agency 

### head

### orits designee. to implementation of a statute or other provision of law. ofa court 

### decision. or 

### of an agency order, including whereappropriate the 

### agency's current practice. procedure. or method ofaction based upon that approach. (15) "Rule" means any agency order. directive. or regulation ofgeneral applicability (a) the 

### violation of which subjects a person to a penalty or administrative sanction; (b) 

### which establishes. alters.or revokes any procedure. practice.

or requirement relating to agency hearings; (c) which establishes. alters. or revokes any qualification or requirement relating to the enjoyment ofbenefits or privileges conferred by law; (d) which establishes. alters. or revokes any qualifications or standards for the issuance. suspension.

or revocation oflicenses to pursue any commercial activity. trade. or profession; or (e) which establishes. alters. or revokes any mandatory standards for any product or material which must be met before distribution or sale. The term includes the amendment or repeal of a prior rule. but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public. (ii) declaratory rulings issued pursuant to RCW 34.05.240. (iii) traffic restrictions for motor vehicles. bicyclists. andpedestrians established by the secretary oftransportation or his designee where notice of such restrictions is given by official traffic control devices. or (iv) rules ofinstitutions ofhigher education involving standards of admission, academic advancement• academic credit, graduation and the granting ofdegrees, employment relationships, or fiscal processes. (16) 

### "Rules review committee- or "committee" means the joint administrative rules review committee created pursuant to RCW 34.05.610 for the 

### purpose of selectively reviewing existing and proposed rules ofstate agencies. (17) "Rule making" means the process for 

### formulation and adoption ofa rule. (18) 

### "Service," except as otherwise provided in this chapter: means posting in the United States mail. properly addressed. postage prepaid. or personal service. Service by mail is complete upon deposit in the United States mail. Agencies may. by rule. authorize service by electronic telefacsimile transmission. where copies are mailed simultaneously. or by commercial parcel delivery company. [1992

c 44 § 

### 10; 1989 c 175 § 

### I; 1988 c 288 § 

### 101; 1982 c 10 § 

### 5. Prior: 1981 c 324 § 

### 2; 1981 c 183 § 

### I; 1967 c 237 § 

### I; 1959 

### c 234 § 1. 

### FormerlyRCW 34.04.010.]
Elred.ive dates---&verabilily-lme 44: See RCW42.41.901 and 42.41.902. Elred.ive dates-I989 c 175: "Sections I through 35 and 37through 18S of this act are necessary for !beinunediate preservation ofthe public peace, health. or safely, or lhe suppon of tbe state government and its existing public mstirutions. and shall take effect OIl July I. 1989. section 36 of this act shall take effect on July I. 1990." (1989 c 175 § 186.) Severabilily-I982 c 10: See IIOle following RCW 6.13.080. Legislalive affinnalion-I981 e324: "Tbe Iegis1anlre affinnsthat all rule-making authority or state agencies and institutions ofhigher education is a function delegated by !beIegislatvre. and as such, sha1I be exercised pursuant to the conditions and tatrictioos containedin this let." (1981 c 324 

### I. I.) Severablllly-1981 e 324: "If any provision ofthis act or its application to any person or circumstance is held invalid. theremainderof

(1994) 

### ·--34.os.010

theICl ortheapplic:IlioD oIlbe pvvisioD 10odw penoesor is DOt alfeaed." (1911 c 324tIl.)



### RCW 

### 34.05.020 Savlnp-Autborlty of 

### aaeudes to 

### comply with 

### duapter-Etrect

# orsubsequeot leaJslatioo. Nothing in this chapter may be

### held to 

### diminish the constitutional rights ofany person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law. all requirements

or privileges relating to evidence or procedure shall apply equally to 

### agencies and

### persons. Every 

### agency is granted 

### all authority 

### necessary to 

### comply with the requirements ofthis 

### chapter through the issuance ofrules or otherwise. No subsequent legislation shall be 

### held to supersede or modify the provisions ofthis chapter or its applicability to any agency except to the 

### extent that such legislation shall do 

### so expressly. [1988 c 288 § 

### 102; 1967 c 237 § 

### 24. Formerly RCW 34.04.940.]

RCW 

### 34.05.030 Exclusions 

### from chapter or parts



### or chapter. (I) 

### This chapter shall not apply to: (a) The 

### state militia. or (b) The board

### ofclemency and pardons. or .:;

. (c) The department of

### corrections or the 

### indeterminate sentencing review board 

### with respect to 

### persons who are in. their custody or are subject to the jurisdiction of-those

. agencies.**~~;,** 

### .. . (2) The provisions ofRCW 34.0S.410**th~i:ough** 

### 34.05.598 shall not apply:.4.::

. (a) To adjudicative proceedings of

### the board of**iJfd~­** 

### al insurance appeals except as provided in RCW**7.6~irll0** 

### and 5\.48.131;**.~~';.** 

### (b) Except for actions pursuant to chapter 46.29;·RCw. to the denial. suspension. or revocation ofa driver's 

### license by the department oflicensing; :::;: (c) To the department oflabor and industries where another 

### statute expressly provides for review ofadjudicative' proceedings of a department action. order. decision.**or~award** 

### . before the board

### ofindustrial insurance appeals; '

.. (d) To actions ofthe 

### Washington personnel resources 

### board. 

### the director ofpersonnel. or the personnel appeals 

### board; or (e) To the extent they are 

### inconsistent with any provisions ofchapter 43.43 RCW. (3) 

### Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190. RCW 34.05.410 through 34

### .OS.S98 do not apply to a review hearing conducted 

### by the board 

### of tax 

### appeals. (4) 

### The rule-making provisions ofthis 

### chapter do not apply to reimbursement unit values. fee schedules. arithmetic conversion factors. and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW. (5) All 

### other agencies. whether or not formerly specifically excluded from the 

### provisions ofall or any part 

### of

### the Administrative Procedure Act, 

### shall 

### be subject to 

### the entire
act. 

### [1994 

### c 39 § 

### I; 1993 

### c 281 § 

### IS; 1989

### e 17S § 

### 2; 1988



### c 288 § 

### 103; 1984 

### c 141 § 

### 8; 1982 

### c 221 

### I 6; 1981 

### c 64 § 

### 2; 1979 

### c 1S8 § 90; 

### 1971 

### ex.s. c S7§ 

### 17; 1971 

### e 21'§ 

### 1; 1967 

### ex.s, e 71 § 

### 1; 1967 

### c 237 § 

### 7; 1963 

### e 237 

### I 1; 

### 19S9

e 234 § 

### IS. 

### Formerly RCW 

### 34.04.150.]
(CIL. 3405

.. 3]

### 34.05.030 Administrative 

### Procedure Act 

# ..

ErrmlYe**da~I99J** e 281: Seenocc(oUowi41 RCW 41.06.022. ErredlYe dat_1989 e 175: See DOfefoIJowiq RCW 34.05.010.

RCW 

### 34.05.040 Operation

## orchapter" 

### In conflict with federal law. 

### If any pan ofthis chapter is found to be in conflict with federal requirements which 

### are a condition precedent to the allocation offederal funds to the state. the conflicting pan of this chapter is inoperative solely to the
extent of the conflict and with respect to the agencies directly affected. and such findings or detennination shall not affect the operation of the remainder ofthis chapter in its application to the agencies concerned. [1988 

### c 288 

### § 104; 1959 

### c 234 § 19. Fonnerly RCW 34.04.930.)

RCW 

### 34.05.050 Waiver. Except to the extent precluded by another provision oflaw. a person may waive any right conferred upon that person by this chapter. [1988 c 288 § 105.)

RCW 

### 34.05.060 InConnal settlements. Except to the
extent precluded by another provision oflaw and subject to approval by agency order. informal settlement ofmatters that may make unnecessary more elaborate proceedings under this chapter is strongly encouraged. Agencies may establish by rule specific procedures for attempting and 

### .executing informal settlement ofmatters. This section 

### does not require any party or other person to settle a matter. [1988 c 288 § 106.]

. RCW 

### 34.05.070 Conversion ofproceedings. (I) 

### If It becomes apparent during the course ofan adjudicative or rule-making proceeding undertaken pursuant to this chapter that another form ofproceeding under this chapter is necessary, is in the public interest. or is more appropriate to resol ve Issues affecting the participants, on his or her own motion or on the motion ofany party. the presiding officer

or other official responsible for the original proceeding shall advise the parties ofnecessary steps for conversion and, if within the official's power, commence the new proceeding. 

### If the agency refuses to convert to another proceeding. that decision is not subject to judicial review. Commencement ofthe new proceeding shall be accomplished pursuant to the procedural rules ofthe new proceeding, except that elements already performed need not be repeated. (2) H appropriate. a new proceeding may be commenced independently ofthe original proceeding or may replace the original proceeding. (3) Conversion to a replacement proceeding shall not be undertaken if the rights of any party will be substantially prejudiced. (4) To the extent feasible the-record ofthe original proceeding shall be included in the record ofa replacement proceeding. (5) The time ofcommencement of a replacement proceeding shall beconsidered 

### to bethe time ofcommencement ofthe original proceeding. [1988 c 288 

### § 107.)

RCW 

### 34.05.080 Variation from time ·lImlts. 

### (I) 

### An
agency may modify time limits established in this chapter only as set forth in this section. 

### An

### agency may not modify 

### .time limits relating to rule-making procedures or the time


### Ieb. J4.GS-p. 

### 41 limits for filing a petition for judicial review specified in RCW 34.05.542. 

# C

(2) The time limits let forth in this chapter may, ' modified by rule ofthe'agency or by rule oftbe 

### ch]

.

# .J

administrative law judge if: (a) 

### The agency 

### has an agency 

### headcomposed ofabody ofindividuals serving part time who 

### do not regularly meet

on a schedule that would allow compliance with the time limits ofthis chapter in the normal course ofagency affairs; (b) The agency does not have a permanent staffto comply with thetime limits set 

### forthin this chapter without substantial loss ofefficiency and economy; and (c) 

### The rights ofpersons dealing with 

### theagency 

### are not substantially 

### impaired. (3) The time limits set 

### forth in this chapter may be modified by rule 

### ifthe agency determines 

### thatthe change is necessary 

### to theperformance ofits statutory duties. Agency rule may provide for emergency variation when required in

a specific 

### case. (4) Time limits may be changed pursuant to RCW 34.05.040. (5) Time limits may be waived pursuant to RCW 34.05.050. (6) Any modification in the time limits set forth in this chapter shall be 

### to new time limits 

### that 

### arereasonable under the specific circumstances. (7) In 

### an adjudicative proceeding, any agency whose time limits 

### vary from those set fonh in this chapter shall provide reasonable and adequate 

### notice of

### thepertinenttime limits to persons affected. 

### The notice may 

### be given by thf!-",- presiding or reviewing officer involved in 

### theproceeding{> (8) Two years 

### afterJuly 

### I, 1989, the chiefadministr'8---/ tive law judge sball 

### cause a survey 

### to

### bemade ofvariations by agencies from the time limits set forth in 

### thischapter, 

### and shall submit 

### a written report ofthe results of

### thesurvey 

### to the office ofthe governor. [1989 

### c 175 

### § 3; 1988 

### e 288 

### § 108.]**m~ da~l989**  e 175: See DOle (ollowiDlRCW 34,OS.OIO.

PARTU 

### PUBUC ACCESS TO AGENCY 

### RULES

RCW 34.05.210 Code 

### and reglster-Publkatloa 8Dd 

### distributloo-OmissioDS, removals, revlsloos-Judklal notice. (I) The code reviser shall cause the Washington Administrative Codeto 

### becompiled, indexed by subject, 

### and published. AU 

### current, permanently effective rules ofeach agency shall be published in the Washington Administrative Code. Compilations shall be supplemented or revised as often as necessary and 81 least annually in a fonn compatible with the main compilation. (2) Subject to the provisions ofthis chapter, the code reviser shall prescribe 

### a uniform numbering system, form, and style for all proposed and adopted rules. (3) 

### Thecode reviser 

### shallpublish a register setting forth the text ofall rules 

### filed during the appropriate register publication period. (4) 

### Thecode reviser may omit from 

### theregister 

### or**tI(.~** compilation, rules that would be unduly**cumbersomtl~** expensive, or 

### otherwise inexpedient

### to publisb. 

### ifsuchrules



### are made available printed or

### processed form on 

### applica-

(1"4)

### Administrative Procedure 

### Ad 

## , ,



# •

•

• tion to the adopting agency. and if 

### the register or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may 

### be obtained. (5) 

### The code reviser may edit and revise rules for publication. codification. and compilation. without changing the meaning of any such rule. (6) 

### When a rule. in whole or in part. is declared invalid and unconstitutional by a coun offinal appeal. the adopting agency shall give notice to that effect in the register. With the consent of the attorney general. the code reviser may
remove obsolete rules or parts of rules from the Washington Administrative Code when: (a) 

### The rules are declared unconstitutional by a court of final appeal; or (b) 

### The adopting agency ceases to exist and the rules
are not transferred by statute to a successor agency. (7) 

### Registers and compilations shall be made available. in written form to (a) state elected officials whose offices 

### are created by Article 

### II or 

### III of the state Constitution or by RCW 48.02.010. upon request. (b) to the secretary of the senate and the chief

### clerkof thehouse for committee use. 

### as required. but not to exceed the number ofstanding committees in each body. (c) to county boards of law library
trustees andto the Olympia representatives ofthe Associated Press and the United Press International without request. free of 

### charge. and (d) to other persons at a price fixed by the code reviser. (8) 

### The board of law library trustees ofeach county shall keep and maintain a complete and current set of registers andcompilations for

### useand inspection as provided in ·RCW 27.24.060. (9) 

### Judicial notice shall be 

### taken ofrules filed and published as provided in RCW 34.05.380 and this section. [1988 c 288 § 

### 201; 1982 lst ex.s. c 32 § 

### 7; 1980 c 186 § 

### 12; 1977 ex.s. c 240 § 9; 1959 

### c 234 § 

### 5. Formerly RCW 34.04.050.]
-Reviser's Dole: RCW 27.24.060 was repealed by 1992 c 62 § 9. effective April 1. 1992. Severability-l980 e 186: See note following RCW 34.05.320. EO'ective date-Severabillty-l977 u.s. c: 140: See RCW 34.08.905 and 34.08.910.



### RCW 34.05.220 Rules for agency procedureIndexes ofopinions and statements. (I) In addition to other rule-making requirements imposed by law: (a) Each agency may adopt rules governing the formal and informal procedures prescribed or authorized by this chapter andrules ofpractice before the agency. together with forms and instructions. 

### If an agency has not adopted procedural rules under this section, the model rules adopted by the chiefadministrative lawjudge under RCW**34~05.250** 

### govern procedures before the agency. (b) To assist interested persons dealing with it. each agency shall adopt 

### as a rule a description ofits organization. stating the general course and method ofits operations and the methods whereby the public may obtain information and make submissions or requests. No person may 

### be required
to comply with agency procedure not adopted as a rule as herein required. (2) To the extent not prohibited by federal law or regulation. nor prohibited for reasons ofconfidentiality by

(1994) 

### --34.0S.110

state law. each agency shall keepon file 

### fotpublic inspee- . tion all final 

### orders. decisions. and opinions in adjudicative proceedings. interpretive statements, policy statements. 

### and
any digest or index 

### to those orders. decisions. opinions. 

### or statements prepared by or for the agency.

. (3) 

### No agency order, decision. or opinion is valid or effective against any person. nor may it 

### be invoked by 

### the agency for any purpose, unless it is available for public inspection. This subsection is 

### not applicable in favor of any person who has actual knowledge of

### theorder. decision. or opinion. The agency 

### has the burdenofproving that knowledge. but may meet that burden by proving 

### that the person has been properly 

### served with a copy of

### the order. (4) 

### Each agency that is authorized by law 

### to exercise discretion in deciding individual cases is encouraged to 

### formalizethe general principles that 

### may'evolve 

### fromthese decisions by adopting the 

### principles 

### asrules that theagency will follow until they 

### are amended or repealed. (5) 

### To the extent practicable. any rule'proposed or adopted by an agency should be clearly 

### and simply stared, 

### so that it

### canbeunderstood by those required to 

### comply. (1994



### c 249 § 

### 24; 1989 

### c 175 § 

### 4; 1988 

### c 288 § 

### 202; 1981 

### c 67 

### f 13; 1967 

### c 237 § 

### 2; 1959 

### c 234 

### f 2. Formerly,RCW 34.04.020.]

### ~~ SeverabWty-AppUc:adoo-l994c: 249: See DOteI followina RCW 34.05.310.
, Elrective date-1989 e 115: Sec DO(C followiq RCW 304.05;010. FJl'eahe datei--Seftnhil1981 e 61: See DOteS followi!liRCW 34.12.010.

.

• ;i>"f.:.

.... k 

### RCW 

### 34.05.130 Interpretive and 

### poIiq**sta~ts.** ( I) 

### Iftheadoption ofrules is 

### not feasible 

### and

## practic8bitan agency is encouraged to advise the public ofits c'iiri-cnt opinions. approaches. and likely courses ofaction by.means

. ofinterpretive 

### or policy statements. Current interpretiveand policy statements 

### are advisory only. An agency is 

# encouraged to convert long-standing interpretive and pplicy

.. statements into rules.

. (2) 

### Each agency shall maintain a roster ofinterested persons. consisting of

### persons who 

### have requested in Wilting to be notified ofall interpretive and policy statements issued by that agency. Each agency shall update 

### the roster once 

### eachyear and 

### eliminatepersons who do 

### notindicate a 

### desire
to continue on the roster. 

### Whenever an ageocy issues an interpretive or policy statement. it shall seod a copy ofthe
statement to each person listed on the roster. 

### 1be asency may charge a nominal fee to the 

### interested person for this service. [1988 c 288 

## t 203.]

RCW 

### 34.05.240 Declaratory order by agencyPetition-Court review. (1) 

### Any person may petition an agency for a declaratoly 

### order' with respect to 

### the applicability to specified circumstances ofa rule, order, or statute enforceable by theagmc:y. 1be 

### petition 

### sbalJset forth facts and reasons on which 

### the petitioner relies to 

### show: (a) That uncertainty necessitating resolution exists; (b) That there is actual controversy arising from the 

### uncertainty such thata declaratory order 

### will not 

### be merely

an advisory opinion; (c) That the 

### uneenainty**~versely** 

### affects 

### thepetitioner,

[0.)4.15 po 5)34.05.140 

### Administrative Procedure Act 

# ..

(d) That the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order 

### requested: and . (e) That the petition complies with any additional requirements established by the agency under subsection (2) ofthis section. (2) Each agency may adopt rules that provide for: (a) The form, contents. and filing ofpetitions for a declaratory order; (b) the procedural rights of persons in relation thereto; and (c) the disposition ofthose petitions. These rules may include a description of the classes ofcircumstances in which the agency will not enter a declaratory order 

### and shall be consistent with the public interest and with the general policy ofthis chapter to facilitate 

### andencourage agencies to provide reliable advice..

. (3) Within fifteen days after receipt of a petition for a declaratory order, the agency shall give notice ofthe petition to all persons to whom notice is required by law. and may give notice to any other person it deems desirable. (4) RCW 34.05.410 through 34.05.494 apply to agency proceedings for declaratory orders only to the extent an agency so provides by rule or order. (5) Within thirty days after receipt of a petition for a declaratory order an agency. in writing, shall do one ofthe following: (a) Enter an order declaring the applicability of the statute, rule. or order in question to the specified circumstances: (b) Set the matter for specified proceedings to be held no more than ninety days after receipt ofthe petition; (c) Set a specified time no more than ninety days after receipt of the petition by which it will enter a declaratory order: or (d) Decline to enter a declaratory order. stating the

reasons for its action. (6) The time limits ofsubsection (5) (b) and (c) ofthis section may be extended by the agency for good cause. (7) An agency may not enter a declaratory order that would substantially prejudice the rights of a person who would be a necessary 

### party and who does not consent in writing to the determination ofthe matter by a declaratory order proceeding. (8) A declaratory order has the same status as any other order entered in an agency adjudicative proceeding. Each declaratory order shall contain the names ofall panies to 

### the proceeding on which it is based. the particular facts on which it is based, and the reasons for its conclusions. [1988 c 288 § 204; 1959 c 234 

### § 8. Formerly RCW 34.04.080.)

RCW 

### 34.05.250 Model rules 

### 01 procedure. The chief administrative law judge shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules shall deal with all gener.al functions and duties performed in common by the various agencies. Each agency shall adopt as much ofthe model rules as is reasonable under its circumstances. Any agency adopting a rule of procedure that differs from the model rules shall include in 

### the order ofadoption a finding stating the reasons for variance. 

### [1988 c 

### 288 

### t 20S.)

[eb. J4.0S-p. 6) PARTm 

### RULE-MAKING PROCEDURES 

# r:
RCW 34.05.310 Prenotic:e 

### commeatI-NqotIIltt_J and pUot rules. (1) To meet the intent of

### providing grea&cr public access to administrative rule making and to promote

consensus among interested parties. agencies shall solicit
comments from the public on a subject ofpossible rule making before publication ofa notice ofproposed rule adoption under RCW 34.05.320. 

### The agency shall 

### prepare

a statement ofintent that: (a) States 

### the specific statutory authority for 

### the 

### new rule;(b) Identifies 

### the

### reasons thenew rule 

### is needed; (c) Identifies the goals of

### the new rule; (d) Describes the process by which the rule 

### will be developed. including. but not limited to, negotiated rule making, pilot rule making, 

### or agency study; 

### and (e) Specifies 

### the 

### process by which interestedparties 

### can effectively participate in the formulation of

### the new rule. The statement ofintent shall be 

### filed with the code reviser for publication in the state register 

### andshall 

### be sent to any party that bas requested receipt ofthe agency's statements ofintent,

. (2) Agencies 

### are encouraged to develop and 

### use new procedures for reaching agreement among interested parties before publication ofnotice and 

### the adoption 

### hearing on 

### a proposed rule. Examples 

### of new 

### procedures include. 

### but

### are not limited to:

. (a) Negotiated rule making which 

### includes: • (i) IdentifyingindividuaIs 

### and 

### organizationsthatbave \ recognized interest in 

### or will besignifICantly

### affectedby tbC>-/ adoption ofthe proposed rule; (ii) Soliciting panicipation by 

### persons 

### who

### arecapable. willing. and appropriately authorized to enter into such negotiations; (iii) Assuring that participants fully 

### recognize thec0nsequences ofnot participating in 

### the process. 

### arecommitted to negotiate in good faith. and recognize the alternatives available to other parties; (iv) Establishing guidelines to encourage consideration ofall pertinent issues. to

### -setreasonable completion dead

### lines. and to 

### providefair and objective settlementof

### disputes that may arise; (v) Agreeing on 

### a reasonable time 

### periodd!1ring which the agency will 

### be bound to the rule resulting from the negotiations without substantive amendment; 

### and (vi) Providing a mechanism by which one or more parties may withdraw from the process or 

### the negotiations may 

### beterminated ifit 

### appears that consensus cannot 

### be reached on a draft rule that accommodates 

### the

### needs ofthe agency. interested parties. and the general public and conforms to the legislative intent of

### the statute 

### that

### therule is intended to implement; 

### and

. (b) Pilot rule making which includes testing 

### the

### draftof

a proposed rule through the use ofvolunteer pilot study groups in various 

### areasandcircumstances. (3)(a) An agency 

### must 

### makea**~natiOD** 

# wbetherr\ negotiated rule making, 

### piJoI rule 

### making. or 

### another

# pI'OCeS£0
for generating panicipatioo from interested parties prior to development of

### the rule 

### is 

### appropria1c.

# . . .. ..", ":.- c

. . .... '_

.

- --Admlnlstradvt 

### Procedure-Act



# ..



# •

•

• (b) An agency must include a wrincnjustification in 

### the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided. (1994 

### c 249 

### § 1; 1993 

### c 202 § 2; 1989 

### c 115 

### § 5; 1988 

### e 288 

### § 301.1 Senrablllty-1994 (149: "Ifany provision ofthis act or its application to any person or circumstAnCC is heldinvalid. the remainder of the act or the application ofthe provision to other penons or citcllJ1\SWlCC$ is not affected." (1994 c 249 § 38.1 Appllcatlon-l994 (149: "This act applies prospectively only and
not retroactively." (1994 c 249 § 36.1
Flndina-lotent-I993 (101: "The leaislature finds thatwhile the 1988 Administrative Procedure Act expanded public participation in the agency rule-making process, there continue to beinstances when participants havedeveloped adversariaJ relationships with each other. resulting in lhe inabilily 10 idenlify :111 of theissues. the failure 10 focus on solutions to problems. unnecessary delays. Iitiganon, and added eost to the agency. affected parties. and the public in general. When interested parties worle together, it is possible to negotiate development of a rule that is acceptable 10 all affecled. andthat confonns
10 the interuofthe statute the rule is intended 10 implement. After a rule is adopted, unanticipated DCgative impacts may emerge. Examples include excessive costs ofadministralion for the agency and compliance by affected parties. technical conditions thatmay bephysically

or economically unfeasible 10 meet. problems of interpretaucn due 10 lack of clarity. and reporting requirements thatduplicale or conflict with those already in place. 11 is therefore the intent ofthe legislature 10 encourage flexible approaches 10 developing administrative rules. including but not limited 10 negotiated rule making and a process for testing the feasibility of adopted rules. often called the pilot rule process. HoweYa'. nothing in -this act shall be construed to create any mandatory duty for an agency to use the procedures in RCW 34.05.310 or 34.05.313 in any particular instance of rule making. Agencies shall determine. in their discretion. when it is appropriate to use these procedures." [1993 c 202 § I.]
-Reviser's Dote: This act [1993 c 2021 consisted ofthe amendment of RCW 34.05.310 and the enactment ofRCW 34.05.312 and 34.05.313.
Effective date--l989 e 175: See note following RCW 34.05.010. Rules coordinator duties regarding business: RCW4J.17.Jl0.

RCW 

### 34.05.312 Rules coordinator. Each agency shall designate a rules coordinator. who shall have knowledge of the subjects ofrules being proposed or prepared within the agency for proposal. maintain the records ofany such action. and respond to public inquiries about possible

or proposed rules and the identity of agency personnel working. reviewing. or commenting on them. 

### The office and mailing address of the rules coordinator shall be published in the state register at the time ofdesignation and in the first issue ofeach calendar year thereafter for the duration ofthe

. designation. The rules coordinator may be an employee of

another agency. (1993 c202 

### § 3.] Finding-lntent-I993 (101: See Dotefollowing RCW 34.05.310.

RCW 

### 34.05.313 Compliance feasibility studiesPilot projects. 

### If. during development

### of a rule or after its adoption. an agency determines that implementation may produce unreasonable economic. procedural, or technical burdens. agencies are encouraged to develop methods for measuring or testing the feasibility ofcompliance with the rule. including the use ofvoluntary pilot study groups. Measuring and testing methods should emphasize public notice. participation by persons who have a recognized interest in or are significantly affected by the adoption of

### the proposed rule. a high level ofinvolvement from agency management. consensus on issues and procedures among

(1994) participants in 

### the pilot group. assurance offairness. and reasonable completion dates. 

### anda 

### process by which one or

more parties may withdraw from the 

### process or 

### rhcprocess may 

### be terminated if consensus cannot be 

### reached on the rule.The findings ofthe pilot project should 

### bewidely 

### shared

### and. whereappropriate, adoptedas

### amendments CD 

### d1c rule. (1993 

### c 202 

### § 4.)
F1nd1oa-1DIeDt-I993e 201: See DOIC followiD& RCW 34.05.310.

RCW 

### 34.05.315 Rule-making docket. (I) Each agency shall maintain a current public rule-making docket. The rule-making 

### docket shall 

### contain the information specified in subsection (3) ofthis 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 ofproposed rule adoption under RCW 34.05.320 until 

### the proposed rule is 

### withdrawnunder RCW 34.05.335 or is adopted by the agency. (3) For each rule-making proceeding. the docket shall indicate all ofthe following: (a) The name and address ofagency personnel responsible for the proposed rule; (b) 

### The subject ofthe 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) 

### Thetime during which written 

### submissions-willbe**~epred; s~**  

### <0 The current timetable established for the agency proceeding. including the time 

### andplace ofany rule-making hearing, the date ofthe rule's'adoption. filing. publication, and its effective date. [1989 c 175 § 6; 1988 c 288 §302.J
Effective dale-1m e 175: See DOIC followi.n& RCW 34.OS.010.
't RCW 

### 34.05.320 Notice 

### 01 proposed ruleContents-Distribution by agency-Institutions of

### higber education. (l) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice ofthe hearing to be published in the state register. 

### 1be publication constitutes 

### theproposalof a rule. The notice shall include all ofthe foUowing: (a) A title. a description of

### the rule's purpose. 

### and any other information which may 

### be ofassistance in identifying the rule or its purpose; (b) Citations ofthe statutory authority for adopting the rule and 

### the specific statute the rule 

### is intended to implement; (c) A summary ofthe rule and a statement ofthe

reasons supporting the proposed action; (d) The agency personnel, with their office location 

### and telephone number, who ace responsible for the drafting. implementation. 

### andenforcement of

### therule; (e) 

### 1be name of

### the person or organization, whether private, public. or governmental. proposing the rule;

[CIa. 3405 P. 7) 

## ,. .,

### J4.G5.JZO



### - -Aclmlnbtrathe-Procedure-Ad 

# .-

(0 Agency comments or recommendations. if any. regarding statutory language. implementation. enforcement. and fiscal matters pertaining to the rule; (g) Whether the

### rule is necessary as

### theresult of federal law or federal or state court action. 

### and if so. a copy ofsuch law or court decision shall be attached to the purpose statement; (h) When. where. and how persons may present their views on the proposed rule; (i) The date on which the agency intends to adopt the rule;(j) 

### A short explanation ofthe rule. its purpose. and anticipated effects. including in 

### the case of a proposal that would modify existing rules. a short description ofthe changes the proposal would make; and (k) 

### A statement indicating how a person can obtain a copy of the small business economic impact statement prepared under chapter 19.85 RCW. or an explanation for why the agency did not prepare the statement. (2) 

### Upon filing notice of the proposed rule with the code reviser. the adopting agency shall have copies ofthe notice on file and available for public inspection and shall 'forward three copies of the notice to the rules review committee.

. (3) 

### No later than 

### three days after its publication in the state register. the agency shall cause a copy of

### the notice of proposed rule adoption to 

### be mailed to each person who has 

### made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing individual mailed copies of 

### these notices. (4) 

### In addition to the 

### notice required by subsections (1) 

### and (2) 

### of this section. an institution ofhigher. education shall cause the notice to be published in the campus or standard newspaper ofthe institution at least seven days before the rule-making hearing. [1994 

### c 249 § 

### 14; 1992 

### c 197 § 

### 8; 1989

### c 175 § 

### 7; 1988 

### c 288 § 

### 303; 1982 

### c 221 § 

### 2; 1982 c 6 § 

### 7; 1980 c 186 § 

### 10; 1977 e x .s , c 84 § 

### 1. Formerly RCW 34.04.045.] SeverabiJity-Applicatioo--l994 e 149: See notes following RCW 34.OS.310. Errectlve date-1989 c 175: See note following RCW 34.05.010. Severability-I982 e 6: See RCW 19.85.900. Severability-1980 c 186: "If any provisioo ofthis 1980 act or its application 10 any person or circumstance is heldinvalid. then:mainder of the act or theapplication of the provision to otherpersoes or

### circUmstances is DOt affected." (1980 e 186 § 29.1 Small business economic impact**stQte~nt-Purpose-eontenlS:** RCW /9.85_040.



### RCW 34.05.325 Public participation. (I) 

### The agency shall make a good faith effort to insure that the information on the

### proposed rule published 

### pursuantto 

### RCW 34.05.320 accurately reflects the rule to 

### be presented and considered at the 

### oral hearing on 

### therule. Written comment about a proposed rule. including supporting data. shall 

### be accepted by an agency ifreceived no later than 

### the time and date specified in the notice. or such later time and date established at the rule-making hearing. (2) 

### The agency shall provide an 

### opportunity for oral comment to 

### be received by the agency in a rule-making hearing.

(Cb. 34.05--1»-81 

### (3) 

### If the agency possesses equipment capable of receiving telefacsimile ttansmissions 

### orrecorded telephonic communications. the aaency may provide in its notice (."') hearing filed under RCW 34.05.320 

### thatinterested

### parti -----/ may comment on proposed rules by these means. 

### Ifthe agency chooses to receive comments by 

### these means. 

### the notice ofhearing**sh~1** 

### provide instructions for making such comments. including. but not limited to. appropriate telephone numbers to 

### be used; the date and time by which comments must 

### be received; required methods to 

### verify 

### the receipt and authenticity of

### thecomments;

### andanylimitations

on the number ofpages 

### for telefacsimile**~ansmission** 

### comments and

### on the 

### minutes of

### tape

### recorded comments. The agency shall accept

### comments receivedby

### these 

### means for inclusion in the 

### official 

### recordif

### thecomments

### arem8de in accordance with the

### agency's instructions. (4) 

### The agency 

### head. a member of the agency

### head. or

a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall 

### be open

## to thepublic. 

### The agency shall

### cause a

### record
to 

### be made of

### the hearing by stenographic. 

### mechanical. 

### or electronic means. Unless the agency head presides or is present at 

### substantially all the

### hearings. thepresidingofficial shall 

### prepareamemorandum 

### for consideration

### by

### the

### agency head. summarizing 

### thecontents of

### thepresentations

### madeat 

### the

### rule-making 

## bearina. The 

### summarizing memorandumis 

### a public document and 

### sbalJbemadeavailableto 

### anyperson 

### in accordance 

### with 

### chapter42.17 RCW. 

### (5) Rule-making bearings 

### arelegislative incbaracta'and shall 

### be reasonably conducted by the

### presiding official afford 

### interestedpersons 

### the 

### opportunity to

### present

### cmnmen,

. Rule-making hearings may 

### be continued to 

### a later

### time

# anh

__J 

### place established 00 

### the

### recordwithout

### publication of

### further notice under RCW 34.05.320. (6) 

### Before 

### the adoption of a final rule. an agency shall prepare a written summary ofaU comments 

### received regarding 

### the proposed rule. and a substantive 

### response to 

### the comments by category or subject

### matter. indicatingbow the

### final rule reflects aseocy consideration of

### thecomments,

or why 

### it fails to do so. The agency shall provide tbe written summary and 

### responseto 

### any personuponrequest

### or from whom 

### theagencyreceived 

### comment (1994 

### c249 § 7; 

### 1992 

### c 57 § 

### I; 1988 

### c 288 § 

### 304.] SeverabUlty-AppUcadoo-l994e 2049: See DOtafollowina RCW 34.OS.310.



### RCW 

### 34.05.330 Petition for adoption, amendmeot, repeal-Agency action. Any person may petition an agency requesting the 

### adoption. 

### amendment, or 

### repeaJ of any rule. Each agency may 

### prescribe by rule 

### theform for 

### such petitions and 

### the procedure for 

### their submission. consideration. 

### anddisposition. 

### Withinsixtydays 

### after

### submission of

. a petition. the agency shall (I) 

### eitherdeny the

### petition in

writing. stating its 

### reasons for 

### thedenial.

### or(2) 

### initiate

### rulemaking proceedings 

### in accordance with this chapter. 

### [1988



### c 288. § 

### 305; 1967 

### e 237 § 

### S; 1959 

### c 234 § 

### 6. Formerly RCW 34.04.060.]

RCW 34.05335 WIthdrawal 01proposal-TIme



### manner of adoption. (I) 

### A.proposed 

### rule may 

### be withdrawn 

### by 

### theproposingaaeDC)' at 

### anytimebefcn 

### adoption.

(19M)

# .. AdmlDlstrative Procedure Act 

# •

•

• A withdrawn rule may not be 

### adopted unless it is again proposed in accordance with RCW 

### 34.0'.320. (2) 

### Before adopting a rule. an agency shall consider the written and oral submissions. or any memorandum summarizing oral submissions. (3) 

### Rules not adopted and filed with the code reviser within one hundred eighty days after publication ofthe text as last proposed in the register shall be regarded as withdrawn. An agency 

### maynot thereafter adopt the proposed rule without refiling it in accordance with RCW 

### 34.05.320. The code reviser shall give notice of 

### the withdrawal in 

### the . register. (4) 

### An agency may not adopt a rule before the time established in the published notice. or such later time established on the record or by publication in the state register. 

### [1989 c 175 § 

### 8; 1988c 

### 288 

### § 306; 1980 c 186 

### § 11. Formerly RCW 

### 34.04.048.]
Effeclive dale-1989 c 175: See no«e following RCW 34.05.010. Severabilily-I980 c 186: See DOtefollowing RCW 34.05.320.



### RCW 

### 34.05.340 Variance between proposed and final rule. (I) 

### Unless it complies with subsection (3) 

### of this section. an agency may not adopt a rule that is substantially different from the rule proposed in the published notice of proposed rule adoption or a supplemental notice in the proceeding. 

### Ifan agency contemplates making a substantial variance from a proposed rule described in a published notice. it may file a supplemental notice with the code reviser meeting the requirements ofRCW 

### 34.05.320 and reopen the proceedings for public comment on the proposed variance. or the agency may withdraw the proposed rule and



### commence a new rule-making proceeding to 

### adopt a substantially different rule. 

### If a new rule-making proceeding is commenced. relevant public comment received regarding the initial proposed rule shall be considered in the new proceeding. (2) The following factors shall be considered in determining whether an adopted rule is substantially different from the proposed rule on which it is based: (a) The extent to which a reasonable person affected by the adopted nile would have understood that the published proposed rule would affect his or her interests; (b) 

### The extent to 

### which 

### the subject of

### the adopted rule or the issues determined in it are substantially different from the subject or issues involved in the

### published proposed rule; and (c) The extent to which the

### effects of the adopted rule differ from the effects ofthe published proposed rule. (3) 

### If the agency. without filing a supplemental notice under subsection (1) of this section. adopts a rule that varies in content from the proposed rule. 

### the general subject matter of the adopted rule must remain the same as the proposed rule. The agency shall briefly describe any changes. other than editing changes. and 

### the principal reasons for adopting the changes. The briefdescription shall be filed with the code reviser together with 

### the order ofadoption for publication in the state register. Within sixty days of publication of the adopted rule in the 

### state register. any interested person may petition the agency to 

### amend 

### any portion of

### the adopted rule that is substantially different from 

### the proposed rule. The petition shall briefly demonstrate how 

### the adopted rule

(1994) 

### --34.05.335

is substantially different from 

### the proposed rule 

### and shan contain 

### thetextof

### the petitiOllCl"S 

### proposed amendment 

### For
purposes ofthe petition. an adopted rule is substantiany different if 

### the issues determined in 

### the adopted rule differ from the issues determined in the proposed rule or the anticipated effects of 

### the 

### adoptedrule differ from those of the proposed rule. 

### Ifthe petition meets 

### the requirements 

### of this subsection 

### and RCW**34.~.330.** 

### the agency 

### shall initiate rule-making proceedings upon the proposed amendments within 

### the time provided in RCW 

### 34.05.330. [1989 c 

### 175

## t 9; 1988 c 288 

## t 307.J Medin date-1me 175: See llOle foUowma RCW 34.05.010.



### RCW 

### 34.05.345 FaUure to live twenty 

### clays notice of Intended action-Effect. Except for emergency rules adopted under RCW 

### 34.05.3SO. 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. 

### (1988 

### c 288 § 

### 308; 1967 c 

### 237 

### § 4. Formerly RCW 

### 34.04.027.J



### .., RCW 

### 34.05.350 Emergency roles and

### ameD~ (1) 

### If an agency for good cause finds: "' (a) That immediate adoption, amendment. or repeal of a rule is necessary for 

### the preservation of 

### the public 

### health. safety, or general welfare. and that observing the'

### time requirements of notice and opportunity to comment;l1pon adoption of a permanent rule would be contrary to 

### the

### ~lic



### .

.**~~.** 

### interest: or ·-.'·A (b

## >'That

### state or federal law or federal rule or a f@aJ deadline for state 

### receipt of federal 

### funds 

### requires inunOOiate adoption of a rule. '-:.,

. the agency 'maydispense with 

### thoserequirements

### ~t. amend. or repeal the rule on an emergency basis. 'The agency's finding 

### and a concise statement of

### the reasons for its finding shall be

### incorporated in the orderfor adoption of the emergency rule or amendment filed with 

### theoffice of

### the code 

### reviser under RCW**34.~.380** 

### and with

### the rulesreview committee. (2) An 

### emergency rule adopted under this 

### section takes effect upon filing with 

### the code 

### reviser. unless a later date 

### is specified in 

### the orderofadoption. and

### may not remain 

### in effect for longer 

### than one hundred twenty days after filing. Identical or substantially similar

### emergency 

### rulesmay 

### not be adopted in sequence unless conditions have changed or 

### the agency has filed notice ofits intent to adopt the rule as a permanent rule. 

### and is 

### actively undertaking the 

### appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any. law requiring that 

### its pennanent rules be approved by designated persons or bodies before they become effective. (3) Within seven days after the rule is adopted, any person may petition the 

### governor requesting 

### the immediate repeal ofa rule adopted on an emergency basis by any department listed in RCW 

### 43.17.010. Within seven days after submission of the 

### petition. the governor shall either deny 

### thepetition 

### in writing, staling 

### his or 

### her reasons for 

### tbe denial. or 

### order the

### immediate repeal ofthe

### rule. 

### In ruling

on 

### the petition. the

### governor 

### shaD consideronly wbethCc 

### tbe conditions in subsection (1) 

### ofthis section were met 

### such

[0. 3405 Po f)**~~'.** !

Q ! I

### .. Administrative Procedure Ad 34.05.350

that adoption ofthe rule on an emergency basis was necessary. 

### If the governor orders the repeal of the emergency rule. any sanction imposed 

### based on 

### that rule is void. This subsection shall not 

### be construed to prohibit adoption ofany rule as a permanent rule. (4) In adopting an emergency rule. the agency shall comply with ·section 4 of this act or provide a written explanation for its failure to do 

### so. [1994 

### c 249 1 3; 1989



### c t75 § 10; 1988 

### c 288 

### § 309; 1981 

### c 32414; 1977 

### ex.s. c 240 

### § 8; 1959 

### c 234 

### § 3. Formerly RCW 34.04.030.)
eRnlser's nere: The governor vetoed 1994 e 249 

### t 4. SevenbIlUy-Applicalion-l994 e 149: SecIIOCeS foUowing RCW 34.05.310. Etreealve date-l989 c 175: Sec noo: foUowing RCW34.05.010, Leglslallve amrmatloD-5evenblllty-1981 c 324: See notes followrng RCW34.05.010. Etreealvedaae-:.Severablllty-l977

### eu. e240: SecRCW34.08.905 and 34.08.910.



### RCW 34.05.355 Concise explanatory 

### statement. At the time it files an adopted rule with the code reviser or within thirty days thereafter. an agency shall place into the rule-making file maintained under 

### RCW 34.05.370 a concise explanatory statement about the rule. identifying (I) the agency's reasons for adopting 

### the rule. and (2) a description of any difference between the text ofthe proposed rule as published in the register and the text of

### the rule as adopted. other than editing changes. stating the reasons for change. [1994 

### c 249 

### § 8; 1988 

### c 288 

### § 310.J Sevenbillty-ApplicaLion-l994e 149: SecIIOCeS following RCW 34.05.310.



### RCW 34.05.360 Order adopting 

### ruJe" contents. The order of adoption by which each rule is adopted by an agency shall contain al1 ofthe following: ( 1) The date the agency adopted 

### the rule; (2) A concise statement of

### the purpose ofthe rule; (3) A reference to all rules repealed. amended. or suspended by the rule; (4) A reference to the, specific statutory or other authority authorizing adoption of

### the rule; (5) Any findings required by any provision oflaw as a precondition to adoption or effectiveness ofthe rule; and (6) The effective date of the rule ifother than that specified in 

### RCW 34.05.380(2). [1988 c 288 

### § 31 I.J



### RCW 34.05.365 

### Incorporation by 

### reference. 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 ofthe United States. ofthis state. or of another state. by a political subdivision ofthis state. or by a generally recognized organization or association if incorporation ofthe 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 incorpo

### leb. 34.os". 101 rated matter. The rule must Stlte where copies ofthe incorporated maner 

### are available. (1988 

### c 288 

## t 312.)



### RCW 34.05.370 Rule-maldDl 

### fOe. (I) Eachage£J 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 

### shallbe available for public inspection. (2) 

### The agency rule-making file shaH contain all of

### the following: (a) Copies of

### all publications 

### in the state register with respect 

### to the rule 

### or the proceeding upon which 

### the rule is based; (b) Copies ofany portions of 

### the aiency's public 

### rulemaking 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 imponant

### to adoption of the rule or the proceeding on which 

### the rule is 

### based; (d) Any official transcript of

### oralpresentations 

### made in the proceeding on which the rule is based or. if not transcribed, any 

### tape recording or stenographic 

### record ofthem. and any memorandum prepared by a presiding official summarizing the contents of

### those presentations; (e) 

### Theconcise 

### explanatory statement

### required by 

### RCW 34.05.355; (0 All petitions for exceptions 

### to, amendment of, or repeal or suspension of, 

### the 

### rule; (g) Citations to data. factual information, studies'Lor reports on which the agency relies in 

### the adoption of ') rule, indicating where such data, factual

### information. studi

>

__/ or reports 

### are available for review by 

### the public; (h) The written summary and response required by 

### RCW 34.05.325(6); 

### and ' (i) Any other material placed 

### inthe file by the agency. (3) Internal agency documents 

### arcexempt from inclusion in the rule-making file under subsection (2) ofthis section 

### to the extent they 

### constibJtepreliminary 

### drafts,notes, recommendations, and intra-agency memoranda in which opinions 

### arcexpressed or 

### policiesformulated

### orrecommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision. (4) Uponjudicial 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 oflaw, the official agency rule-making file need not be the exclusive basis for agency action on that rule. [1994 

### c 249 

### § 2; 1988 

### c 288 1 313.) SeverabUlty-Applic:adoo-l994e 149:, SecDOles foUowing RCW 34.05.310.



### RCW 34.05.375 Substaotlal compllaoce with procedures. No rule proposed 

### afterJuly I, 1989, is valid unless 

### it is adopted in substantial compliance with 

### RCW 34.05.310 through 34.05.395. Inadvertent failure to mail notice ofa 

### proposed 

### rule adoption 

### to any pCnon as

# required)
by 

### RCW 34.05.320(3) does DOtinvalidate a 

### rule. No

# actio(
based upon this section may 

### be maintained 

### to contest 

### the

(1,"> o'



# ..

### Administrative Procedure Act &



# •

•

• validity of any rule unless it is commenced withintwo years after the effective date ofthe rule. [1988 

### c 288 § 314.]

RCW 34.05.380 Filing 

### with code revlserRegister-Effective dates. (1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts. except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission. The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a 

### permanent register of filed rules open to public inspection. In filing a rule. each agency shall use the standard form prescribed for this purpose by the code reviser. (2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption. All other rules become effective upon the expiration of thirty days after the date of filing. unless a later date is required by statute or specified in the order of adoption. (3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section. if the agency establishes that effective date in the adopting order and finds that: (a) Such action is required by the state or federal Constitution. a statute, or court order; (b) The rule only delays the effective date of another rule that is not yet effective; or (c) The earlier effective date is necessary because of imminent peril to the 

### public health. safety. or welfare

. Thefinding and 

### a briefstatement ofthe reasons therefor required by this subsection shall be made a part 

### of the 

### order adopting the rule. (4) With respect to a rule made effective pursuant to

. subsection (3) of this section, each agency shall make

reasonable efforts to make the effective date known to persons who may be affected by it [1989 c 175 § 

### II; 1988 c 288 § 

### 315; 1987 c 505 § 17; 1980 c 87 § 

### ll; 1959c 234 § 4. Formerly RCW 34.04.04O.J
Effectivedate-1989 c 175: See notefollowing RCW34.0S.010.



### RCW 34.05.385 Rules for rulemaking. The code reviser may adopt rules for carrying out the provisions of this chapter relating to the filing and publication of rules and notices of intention to adopt rules. including the form and style to be employed by the various agencies in the drafting of such rules and notices. [1988 c 288 § 

### 316; 1%7 c 237 § 

### 13. Formerly RCW 34.04.055.]

RCW 34.05.390 Style, format, and numberingAgency compliance. After the.rules of an agency have 

### been published by the code reviser: (I) 

### All agency orders amending or rescinding such rules, or creating new rules. shall be 

### formulated in accordance with the style. format, and numbering system of the Washington Administrative Code; (2) Any subsequent printing or reprinting of such rules shall be printed in the style and format (including the numbering system) of such code; 

### and (3) Amendments of previously adopted rules shall incorporate any editorial corrections made by the code

(1994) 

### reviser. (1988 

### c 288 

## I 317; 1967 

### c 237 

## I 14. Formerly RCW 34.04.057.J

RCW 34.05.395 Format and style ofamendatory and new sectlons-Fallure 

### to comply. (1) 

### Rules 

### proposed

or adopted by an agency pursuant to this chapterthat amend existing sections of the administrative code shall have 

### the words which are amendatory to such existing sections underlined. Any matter to be deleted from an existing section shall 

### be indicated by setting such matter 

### forth 

### in fuji.

. enclosed by double parentheses, and such deleted matter

shall be lined out with hyphens. A new section shall be designated "NEW SEC110N" in upper ease type 

### and such designation shall beunderlined. but the complete text of

### the section shall not be underlined. No rule may 

### be forwarded by any agency to the code reviser. nor may the codereviser accept for filing any rule unless the fonnat of such rule is in compliance with 

### the provisions ofthis section. (2) Once the rule has been formally adopted by the agency the code reviser need not. except with regard to 

### the register published pursuant to 

### RCW 34.05.210(3), inelude 

### the items enumerated in subsection (I) ofthis sectionin the official code.**_.~** 

### (3) Any addition to 

### or deletion from an existing code section not filed by the agency in the style prescribed by subsection (I) ofthis section shall in all respects beineffectual. and shall not 

### be shown in)subsequent publications or codifications ofthat section unless 

### the ineffectual portion of the rule is clearly distinguished and an explanatory 

## 'DOte is appended thereto by the code reviser in**aceordanee:~ith** 

### RCW 34.05.210. [1988 c 288 § 318; 1980 e 186 § 14; 

## 1m c 19 § 1. Formerly RCW 34.04.058.]

### :L~~.' SeverabWty-l980e 186: See oocefoUowing RCW**34.OS.3~.**


### PART IV ADJUDICATIVE PROCEEDINGS

RCW 34.05.410 Application

## orPart IV. (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 proceedingsin 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. [1988 c 288 § 401.]

RCW 34.05.413 Coomiencement-WbeD

### required. (1) Within the scope ofits authority. an agency may commence an adjudicative proceeding at any time with respect to 

### a matter within the agency'sjurisdiction. (2) When 

### required by law or constitutioual right. and upon the timely application ofany person. an agency shall

commence an adjudicative proceeding. (3) An agency may provide forms for 

### and. byrule, may provideprocedures for filing an application for an 

### adjudiealive proceeding, 

### An agency may require by rule that an (0. 3415 p. 111 

### ..

;I, ','

### 34.G5.413

- Administrative Procedure Act o •

application be in writing and that it be filed at a specific address, in a specified manner. and within specified time limits. The agency shall allow at least twenty days to apply for an adjudicative proceeding from the time notice is given ofthe opponunity to file such an application. (4) 

### If an agency is required to hold an adjudicative proceeding. an application for an agency to enter an order includes an application for the agency to conduct 

### appropriate adjudicative proceedings. whether or not the applicant expressly requests those proceedings. (5) An adjudicative proceeding commences when the agency or a presiding officer notifies a party that a prehearing conference. hearing, or other stage ofan adjudicative proceeding will be conducted. [1989 

### c 175 

### § 12; 1988


### c 288 

### § 402.)

Ell'ectlYf date-1989 c: 175: Sec note following RCW 34.OS.010.

RCW 34.05.416 Decision not toconduct an adJudication. 

### Ifan agency decides not to conduct an adjudicative proceeding in response to an application. the agency shall furnish the applicant a copy ofits decision in writing. with

a briefstatement ofthe agency's reasons and ofany administrative review available to the applicant. [1988 

### c 288 

### § 403.)

RCW 34.05.419 Agency action on applications for adjudication. After receipt ofan application for an adjudicative proceeding, other than a declaratory order. an agency shall proceed as fol1ows: (I) Except in situations governed by subsection (2) or (3) ofthis section. within ninety days after receipt ofthe application or ofthe response to a timely request made by the agency under subsection (2) ofthis section. 

### the agency shall do one ofthe fol1owing: (a) Approve or deny the application. in whole or in part. on the basis ofbriefor emergency adjudicative proceedings. ifthose proceedings are available under this chapter for disposition ofthe matter, (b) Commence an adjudicative proceeding in 

### accordance with this chapter; or (c) Dispose of the application in accordance with RCW 34.05.416;'

. (2) Within thirty days after receipt ofthe application. the agency shall examine 

### theapplication. notify 

### the applicant of any obvious errors or omissions. request any additional information the agency wishes to obtain and is permitted by law to require, and notify 

### the applicant ofthe name, mailing address. and telephone number of an office that may be contacted regarding the application; (3) 

### If the application seeks relief that is not available when the application is filed but may be available in the future. the agency may proceed to make a determination of eligibility within the time limits provided in subsection (I) of this section. 

### If the agency determines that 

### the applicant is eligible. the agency shall maintain the application on 

### the agency's list ofeligible applicants as provided by law and. upon request. shall notify the applicant ofthe status ofthe application. [1988 

### c 288 § 404.]

RCW 34.05.412 

### Rate changes, licenses. (1) Unless



### _ . _otherwise provided by law: (a) Applications for rate changes
(Ch. 34.0S-tJ. 111 and uncontested applications for licenses may. in the agency's discretion. be conducted 

### as adjudicative 

### proceedings; (b) applications for licenses that 

### arecontested br\ person having standing to contest under 

### thelaw 

### and rcvilJ ofdenials of applications 

### for licenses or rate changes 

### shaU be 

### conducted as adjudicative proceedings; 

### and 

### (c)an 

### agency may not 

### revoke, suspend. or modify a license unless 

### the agency gives notice of an opponunity for an appropriate adjudicative proceeding in accordance with this chapter or other statute. (2) 

### An &Beney with authority to grant 

### ordeny a professional or occupational license shaJl notify an applicant for 

### a

new or renewal license notlatee 

### than twenty days prior to the date of

### the

### examination required for 

### that 

### licenseofany 

### grounds fordenial ofthe 

### license which arc

### based on specific information disclosed in the application submitted to the agency. The &Bency shall notify the applicant either 

### thatthe license is denied or that the decision to grant or deny the license will be made at a future 

### date. Ifthe lI8ency fails to give the notification prior to the examination-and the applicant is denied licensure. the examination 

### fee shall be refunded to 

### the applicant. 

### If the applicant 

### takestheexamination. 

### the agency shall 

### notify the applicant of

### the

### result (3) When a licensee has made timely and sufficient application for 

### therenewal ofa licenseor a newlicense with reference to any acti vity of a continuing nature, an existing full. temporary. 

### or provisional license does not expire until the application bas been finally determined by 

### the lI8eDCY. and, in 

### case the 

### applicationis denied 

### orthe terms of

### the new .Iicense limited. 

### until the last day for seeking 

### review of

### tbe_
agency order

### ora 

### Iatel'date fixed by orderof

### Ibe

### ~viewil} court.

. -" (4) 

### If the agency finds that public health. safety. or welfare imperatively 

### requires emergency 

### action. and
rates a finding to that effect in its order, 

### summary suspension ofa license may be ordered pending proceedings for revocation or other action. These proceedings shall 

### be promptly instituted and determined. [1989

### e 175 

### § 13; 1988



### c 288 § 405; 1980 

### c 33 

### § 

### I; 1967 c 237 

### § 

### 8. Formerly RCW 34.04.170.]
Elffdlve at-1989 e 175: Sec IIOtCfoUowiDi RCW34.OS.010.

RCW 

### 34.0S.415 Pnsiding 

### oIJlcen..-Dbquatioo, substitution. (1) 

### Except as provided 

### in subsection (2) of this section. in the discretion ofthe agency head, the presiding officer in 

### an administrative bearing sbalI be: (8) The agency head or one or more members of

### the
agency head; (b) 

### If the agency has statutory authority to do so. a person other than 

### file agency 

### head

### oran administrative law judge designated by the agency head to make the final decision and 

### enter the 

### final order; or (c) 

### Oneor more administrative law judges assigned by the office of administrative hearings in accordance with chapter 34.12 RCW. (2) An agency expressly exempted under RCW 34.12.020(4) 

### or other statute from 

### the

### provisions of

### chapter 34.12 RCW or an institution ofhigher education sha!'\ designate 

### apresiding 

### officerasprovided by 

### rules 

### adoptedt ) the agency. "'--- 

### , .AdmlnLm'adve-

### Procedure Act 

# . '



# ..



# •

•

• (3) Any individual serving or designated to serve alone or with others as presiding officer is subject to disqualification for bias. prejudice. interest. or any other cause provided in this chapter or for which ajudge is disqualified. (4) Any party may petition for the disqualification ofan individual promptly after receipt ofnotice indicating that the individual will preside or. if later. promptJy upon discovering facts establishing grounds for disqualification. (5) The individual whose disqualification is requested shall determine whether to grant the petition. stating facts and reasons for the determination. (6) When the presiding officer is an administrative law judge. the provisions. ofthis section regarding disqualification for cause are in addition to the motion ofprejudice available under RCW 34.12.050. (7) 

### If a substitute is required for an individual who becomes unavailable as a result ofdisqualification or any other reason. the substitute must be appointed by the appropriate appointing authority. (8) Any action taken by a duly appointed substitute for

an unavailable individual is as effective as if taken by the unavailable individual. [1989 

### c 175 § 14; 1988 c 288 § 406.)

ElTectivedate-1989 c 175: See nOle following RCW 34.05.010.

RCW 

### 34.05.428 Representation. (l) A party to an adjudicative proceeding may participate personally or. if the party is a corporation or other artificial person, by a duly authorized representative. (2) Whether or not participating in person, any party may be advised and represented at the party's own expense by counselor. ifpermitted by provision oflaw. other representative. [1989 c 175 § 15; 1988 c 288 § 407.J
ElTectivedate-1989 c 175: See note following RCW 34.05.010.

RCW 

### 34.05.431 Conference-Procedure and participation. (I) Agencies may hold prehearing or other conferences for the settlement or simplification of issues. Every agency shall by rule describe the conditions under which and the manner in which conferences are to be held. (2) In the discretion ofthe presiding officer, and where the rights ofthe parties will not be prejudiced thereby, all or part of the conference may be conducted by telephone, television. or other electronic means. Each participant in 

### the conference must have an opportunity to participate effectively in. to hear, and, iftechnically and economically feasible.
to 

### seethe entire proceeding while it is taking place. [1988



### c 288 § 408.J

RCW 

### 34.05.434 Notice of hearing. (l) The agency

or the office ofadministrative hearings shall set 

### thetime 

### and place ofthe hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter. (2) The notice shall include: (a) Unless otherwise ordered by the presiding 'officer, the names and mailing addresses of aIt parties to whom notice is being given 

### arid. ifknown. 

### thenames and addresses oftheir representatives;

(1994) 

### _. --34.05A25-

(b) 

### Iftheagency intends to 

### appear,the mailing 

### address and telephone number ofthe office 

### dcsignaIcd to represent 

### the agency in the proceeding; (c) The official file or other reference number 

### and the

name of

### the proceeding; (d) The name, official title, mailing address, and telephone number ofthe presiding officer, if

### known; (e) A statement ofthe time, place and nature ofthe proceeding; (f) A statement ofthe legal authority 

### andjurisdiction under which the hearing is to 

### beheld; 

### (g) A reference to the particular sections of

### the statutes and rules involved; (h) A 

### short and plain statement ofthe matters 

### asserted by 

### the agency; and (i) A statement that a party who fails to attend or participate in a hearing or other stage ofan adjudicative proceeding may be held in default in accordance with this chapter. (3) 

### Ifthe agency is unable to state 

### thematters required by subsection 

### (2)(h) ofthis section 

### at the time 

### the

### noticeis 

### served.tbe initial notice may 

### belimited to a statementof

### the issues involved. 

### If the proceeding is initiated by a person other than 

### theagency, 

### theinitial notice may be limited to 

### the inclusion of a copy ofthe initiating 

### document, 'Ibemlfter, upon request. a more definite and detailed statement

### shaU be furnished. (4) 

### Tbe notice may include any 

### othermatters considered desirable by 

### theagency. [1988 

### c 288 § 409; 1980 

### c 3111;

. 1967 

### c 237 § 9; 1959 c 23419.**Formerly,I{~W** 34.04.090.)**I~.;**

RCW 34;05.437 Pleadings, briefs, motioos, 

### sentee. (1) The presiding officer, at appropriate stages ofthe proceedings, shall give all parties full opportunity to submit and respond to pleadings, motions, objections. 

### and offers of settlemenl"

. 

### (2) At appropriate stages ofthe 

### proceedings; the presiding officer may give all parties full opportunity to file briefs, proposed findings offact and conclusions of law, 

### and proposed initial or tinal orders. (3) A party that files a pleading, brief, 

### or other 

### paper with 

### the agency or presiding officer shall serve copies on all other parties, unless a different procedure is specified by agency rule. [1988 

### c 288 

### § 410.J

RCW 34.05.440 Default. (I) Failure of a 

### partyto file

an application for an adjudicative proceeding within 

### the

### time limit or limits established by statute 

### or agency rule constitutes a default and results in 

### theloss of

### thatparty's right to

an adjudicative proceeding, 

### and the 

### agCDC)' may proceed to resolve 

### the

### case without further notice to, 

### or bearing for 

### the benefit of, that party, except that 

### any default or other dispositive order affecting that party shall 

### beserved upon 

### him or her or upon his 

### or 

### her attorney. 

### if any. (2) 

### If 

### a party fails to attend or participate 

### in a hearing

or other stage of an adjudicative proceeding, other than failing to timely request an adjudicative proceeding as 

### set out in subsection (1) ofthis section. 

### the presiding officer may serve upon all parties a default or other dispositive

rQ.)415 Po 13) " ".**.I-~** ".**-~.** -**'.~ .--~--_._-~**  -,. - .**-~. .~**  .-'

-**~-,--;'** ...--.-..**'~".** .

_ 

### ..... ... •.

..**,---~** .. :..**-.,.~.;-"."::;'-';'--:-':;-.-.-;-:-.~**

t'



### .-Admlnlstndve Procedure Ad 34.05.440

order. which shall include a statement of the grounds for the 

### order. (3) 

### Within seven days after service of a.default order under subsection (2) 

### of this section. or such longerperiod as provided by agency rule. the party against whom it was entered may file a written motion requesting that the 

### order be vacated. and stating the 

### grounds relied upon. During the time within which a pany may file a written motion under this subsection. the presiding officer may adjourn the proceedings or conduct them without the 

### participation ofthat party. having due regard for the 

### interests ofjustice and the orderly and prompt conduct ofthe proceedings. [1989 c 175 § 

### 16; 1988 

### c 288 § 

### 411.]
Effective dale-1989 c 175: Sec note followine RCW**34.~.OIO.**



### RCW 

### 34.05.443 Intervention. 

### (1) The presiding officer may grant a petition for intervention at any time. upon 

### determining that the petitioner qualifies as an intervenor under any provision of law and that the intervention sought is in the interests ofjustice and will not impair the orderly and prompt conduct ofthe proceedings. (2) 

### Ifa petitioner qualifies for intervention. the 

### presiding officer may impose conditions upon theintervenor's participation in the proceedings. either at the time that intervention is granted or at any subsequent time. Conditions may include: (a) Limiting the 

### intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition; and (b) Limiting the intervenor's use ofdiscovery. crossexamination. and other procedures so as to promote the orderly and prompt conduct ofthe proceedings; and (c) Requiring two or more intervenors to combine their presentations ofevidence and argument, cross-examination. discovery. and other participation in the proceedings. (3) 

### The presiding officer shall timely grant or deny each pending petition for intervention. specifying any conditions. and briefly stating the reasons for the order. The presiding officer may modify the 

### order at 

### any time. stating 

### the reasons for the modification. The presiding officer shall promptly give notice of the decision granting. denying. or modifying intervention to the petitioner for intervention and to all parties. [1988 c 288 § 

### 412.]

RCW 

### 34.05.446 Subpoenas, discovery, and'protective orders. (1) 

### The presiding officer may issue subpoenas , and may enter protective orders. 

### A subpoena may 

### be issued with like effect by the agency or the attorney ofrecord in whose behalfthe witness is required to 

### appear. (2) 

### An agency may by rule determine whether or not discovery is to 

### be available in adjudicative proceedings and. if so. which forms ofdiscovery may 

### be used. (3) 

### Except as otherwise provided by agency rules. the presiding officer may decide whether to permit the taking of depositions. the requesting ofadmissions. and all other procedures authorized by rules 26 through 36 of

### the superior court civil rules. The presiding officer may condition 

### useof discovery on a showing of necessity and unavailability by other means. In exercising such discretion. 

### the presiding officer shall consider: (a) Whether

### all parties are represented

_______ by counsel; (b) whether undue expense or delay in bringing

---**~-------** -- -

- -- - [eb. J4.GS-p. 141 the 

### case to 

### hearing 

### win result; (c) 

### whed'ier the 

### disc:overy will promote 

### the orderly and prompt 

### condlM:t of

### the proceeding; and 

### (d) whether the interests ofjustic:ewill be

### promoced.0 (4) 

### Discovery orders 

### andprotective 

### orders entered this section may be enforced under 

### the provisions ofthis chapter on civil enforcement ofagency action. 

### (5) Subpoenas 

### issuedunderthissection may beenfore:cd under RCW 34.05.588(1). (6) 

### The subpoena powers 

### created by thissection

### shall 

### be state-wide in effect. (7) 

### Witnesses in an adjudicatory proceeding shall be paid the same fees and 

### allowances. in 

### the 

### samemanner and under the same conditions. asprovidcd for witoesses 

### ill 

### the
courts ofthis state by chapter 2.40 RCW and by RCW 

### 5.56.010.except thattheagency shall have 

### the

### powerto 

### fix the allowance for meals and lodging in like manner as is provided in RCW 5.56.010 as to courts. The person' initiating an adjudicative proceeding or 

### the party 

### requesting issuance ofa subpoena shall pay 

### the fees

### andaDowances and the cost ofproducing records required to beproduced by subpoena. 

### (1989 c 175 

### § 

### 17; 1988

### e 288 § 

### 413; 1967 

### e 237 § 10. Fonnerly RCW 34.04.105.)
EO'ectI.-e date-1989 e 175: Sec Dote fol!owine RCW34.05.010.



### RCW 

### 34.05.449 Procedure at bearing. (1) 

### The presiding officer shall 

### regu1at.e the

### course of

### thepnn:edings. in confonnity with applicable rules 

### andthe prebcaring

### order. if any. (2) 

### To the extent necessary for full disclosure ofall relevant facts and 

### issues. thepresidingofficer 

### sbalJ afford

### to.....-....., all parties the opportunity to 

### respond, present evideocc

# an( 

# !
argument, conduct cross-examination. and submit**rebuttai·---,~** 

### evidence. except as

### restricted by a 

### limitedgrant 

### ofinterveo-

. tion 

### or by theprehearing 

### order. (3) In the discretion of the presiding officer. and 

### wbere the rights oftheparties will not 

### beprejudiced thereby,

### all or part ofthe hearing may 

### be conducted by telephone, television. or other electronic 

### means. Each party 

### in the hearing must have an opportunity to 

### participate effectivel)' 

### in, to 

### hear. and, 

### iftechnically 

### andeconomically feasible, to 

### see 

### the entire proceeding while it 

### is taking place. (4) 

### The presiding officer shall 

### cause thebearing 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. AJJy 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 

### duringthe 

### hearing if the making of the additional recording does Dotcause distraction 

### or disruption. (5) The 

### hearingis 

### opento 

### public

### observaIioo, exceptfor the parts 

### that the 

### presiding officer states to 

### beclosed under

a provision oflaw expressly authorizing closure or 

### UDder a protective order entered by 

### the presiding officer pursuant to 

### applicable rules. A presiding officer may order

### theexclusion ofwitnesses upon a showing ofgood 

### cause. To 

### the
extent thatthe 

### hearingis conducted b)' telephone. televisioo,



### or 

### otherelectronic 

### means. and

### is DOt

### closed. the**aVai1ability~** 

### ofpublic observation 

### is satisfied by 

### givingmemben of**~)** 

### public an opportunity. at

### reasonable times, to 

### bearor

### inspect 

# ..Administrative Procedure 

### Act 

# •



# •

•

• the agency's record. and to inspect any 

### transcript obtained by the agency, [1989c 17S§ 18: 1988c288 

## 1 414.)
Effective date-1m e 175: See note followina RCW**34,~,OIO,**

RCW 

### 34.05.451 Rules of

### evidence-Cross-examlnalion. (I) Evidence. including hearsay evidence. is admissible if in the judgment ofthe presiding officer it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct oftheir affairs. The presiding officer shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis ofevidentiary privilege recognized in the courts ofthis state. The presiding officer may exclude evidence that is irrelevant. immaterial. or unduly repetitious. (2) 

### If not inconsistent with subsection (1) ofthis section. the presiding officer shall refer to the Washington Rules of Evidence as guidelines for evidentiary rulings, (3) All testimony ofparties and witnesses shall be made under oath or affirmation. (4) Documentary evidence may 

### bereceived in the form ofcopies or excerpts. or by incorporation by reference.**~5)** Official notice may 

### be taken of (a) any judicially cognizable facts. (b) technical or scientific facts within the agency's specialized knowledge. and (c) codes or standards that have been adopted by an agency of

### theUnited States. of this state or of another state. or by a nationally recognized organization or association. Parties shall 

### be notified either before or during hearing. or by reference in preliminary reports or otherwise. ofthe material so noticed and the


### sources thereof. including any staffmemoranda and data, and they shall 

### beafforded an opportunity to contest the 

### facts and material 

### so noticed. A party proposing that official notice be taken may 

### be required to produce a copy ofthe material to be noticed, [1988 c 288 § 415; 1959 c 234 § 

### 10. Formerly RCW 34.04.100.)

RCW 

### 34.05.455 Ex parte communications. (I) 

### A presiding officer may not communicate. directly or indirect

### ly, regarding any issue in 

### theproceeding other than communications necessary to procedural aspects ofmaintaining an orderly process. with any person employed by the agency without notice and opportunity for all parties to participate. except as provided in this subsection: (a) Where 

### the ultimate legal authority of an agency is vested in a multimember body, and where that body presides
at an adjudication. members ofthe body may communicate with one another regarding the proceeding; (b) Any presiding officer may receive aid from legal counsel. or from staff assistants who are subject to the presiding officer's supervision; and (c) Presiding officers may communicate with other employees or consultants ofthe agency who have not participated in the proceeding in any manner, and who are not engaged in any investigative or prosecutorial functions in the same or a factually related case. (d) This subsection does not apply 

### to communications required for the disposition ofex parte matters specifically authorized by statute. (2) Unless required for the disposition ofex parte matters specifically authorized by statute or unless necessary to procedural aspects of maintaining an orderly 

### process. a

(1994) presiding officermay not communicate. directly 

### orindirectly. regarding any issue in the proceedin,. with any person not employed by the agency who has a direct or indirect interest in the outcome of

### theproceeding. without 

### noticeand opportunity for all panies 

### to participate. (3) Unless 

### necessary to procedural aspects ofmaintaining an orderly 

### process. persons 10 whom a presiding officer may not communicate under subsections (I) and (2) ofthis section may not conununicar.e with presiding officers without notice and opportunity for all parties 

### to participate. (4) 

### If. beforeserving 

### aspresiding officer in an adjudicative proceeding, a person receives an ex parte communication of a type that could not property 

### be received while serving. the person. promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (5) ofthis section.

, (5) 

### A presiding officer who receives an ex parte communication 

### in violation ofthis section shall place on the record ofthe pending 

### matter all written communications received, all wriacn responses 

### to the communications, and a memorandum stating the substance ofall oral communications received. all responses made. 

### and the identity ofeach person from whom 

### thepresiding officerreceived an ex parte communication. 

### The presiding officer shall advise 

### all parties that these matters have been placed on the record. Upon request made within ten days after notice ofthe ex parte communication. any party desiring 

### to rebut the communication shall be allowed 

### to place a written rebuttal statement

### on the record. 

### Portions ofthe record pertaining to ex. parte communications or rebuttal statements do not constitute evidence of any fact at issue in the matter unless a'pany

moves the admission ofany portion ofthe recor'd"for purposes ofestablishing a fact 

### at issue and that parti'tin is admitted pursuant 

### to 

### RCW 34.05.452. ": (6) 

### If necessary to eliminate the effect of

### an ex 

### parte communication received in violation ofthis section, a**p~esidi~g** officer who receives the communication may 

### be disqualified. and 

### theportions ofthe record pertaining 

### y> the communication may 

### be

### sealed by protective order.**~:** (7) The agency shall, and any party may, report any**v~ol~ti?n** ofthis**~tion** 

### to**a~propriate** authorities for any disciplinary proceedings 

### providedby law. In addition. each**~genc~** by rule may provide for appropriate sanctions, including default. for any violations ofthis section. [1988 c 288 § 416.)

RCW 

### 34.05.458 Separatlon

# or Iunctfons, (I) A person who has served as investigator. prosecutor. or advocate in an adjudicative proceeding or in its preadjudicative stage. or one who is subject

### to theauthority. direction, or discretion ofsucb aperson. may not serve as a presiding officer in 

### the same proceeding. (2) A person, including an agency bead. who has participated in a determination ofprobable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as presiding orrtea' or assist or advise

a presiding officer in the same proceeding unless a party demonstrates grounds for disqualification in accordance 

### with RCW 34.05.425. (3) A person may serve as presidioS officer 

### at successive stages ofthe same adjudicative proceeding unless a

[CIa.34.15 P. 15] ..

### :,:

### 34.05.458



### .-Admlnlstrad\'e Procedure 

### Act · - '."'f>"

party demonstrates grounds for disqualification in accordance with RCW 34.05.425. [1988 

### c 288 

## t 417.)

RCW 34.05.461 Entry or orden. (I) Except as provided in subsection (2) ofthis section: (a) Ifthe presiding officer is 

### the agency head or one or

more members ofthe agency head. 

### thepresiding 

### officer may enter an initial order if further review is available within 

### the
agency. or a final order if further review is not available; (b) Ifthe presiding officer is a person designated by the
agency to make the final decision and enter the final order. the presiding officer shall enter a final order; and (c) 

### Ifthe presiding officer is one or more administrative law judges. the presiding officer shall enter an initial order. (2) With respect to agencies exempt from chapter 34.12 RCW or an institution of higher education. the presiding officer shall transmit a full and complete record ofthe proceedings. including such comments upon demeanor of witnesses as the presiding officer deems relevant. to each agency official who is to enter a final or initial order after considering the record andevidence so transmitted. (3) Initial and final orders shall include a statement of findings and conclusions. andthe reasons and basis therefor. on all the material issues offact, law, or discretion presented

on the record. including the remedy or sanction and, if applicable. the action taken on a petition for a stay of effectiveness. Any findings 

### based substantially on credibility ofevidence or demeanor ofwitnesses shall be so identified. Findings set fonh in language that is essentially a repetition

or paraphrase ofthe relevant provision oflaw shall be accompanied by a concise and explicit statement ofthe underlying evidence ofrecord to support the findings. The order shall also include a statement ofthe available 

### procedures and time limits for seeking reconsideration or other administrative relief. An initial order shall include a statement ofany circumstances under which the initial order, without funher notice. may become a final order. (4) Findings of fact shall be 

### based exclusively on the evidence ofrecord in the adjudicative proceeding and on
matters officially noticed in that proceeding. Findings shall be based on the kind ofevidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Findings may 

### be based on such evidence' even if it would 

### be inadmissible in a civil trial. However, the presiding officer shall not base a finding exclusively on such inadmissible evidence unless the presiding officer determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appearin the order. (5) Where it bears on the issues presented. 

### the agency's experience. technical competency, 

### and specialized knowledge may be used in the evaluation ofevidence. (6) 

### If a person serving or designated to serve as presiding officerbecomes unavailable for any reason before entry ofthe order, a substitute presiding officer shall be.appointed

as provided in RCW 34.05.425. 

### The substitute presiding officer shall use any existing record and may conduct any further proceedings appropriate in the-interests ofjustice. (7) The presiding officer may allow the parties a designated time after conclusion ofthe hearing for the submission ofmemos, briefs. or proposed findings.

(eb. J4.o5-tJ, 16] (8) Initial or final orders shall be served in writing within ninety days 

### afterconclusion of

### the bearing 

### or after submission of memos. briefs. or proposed findings i(---""'-, accordance with subsection (7) ofthis section unless 

### thitJ period is waived or extended for good cause shown. (9) 

### The presiding officer shall 

### cause 

### copies of

### theorder
to be served on each party 

### andthe aaency. [1989 

### e 175

## t 19; 1988 

### c 288 § 418.) Etl'eam dat_l989 c 115: SeeDOle roUowiJl& RCW 34.05.010.



### RCW 34.05.464 Review ofinitial 

### orden. (I) As authorized by law. an aaeocy may by 

### rulepovidc 

### that

### initial orders in specified classes ofcases may become final without further agency action unless. within a specified period, (a) 

### the agency 

### head upon its own motion 

### determines thatthe initial 

### order should 

### bereviewed, 

### or(b) a

### partyto 

### the proceedings files a petition for administrative review of

### the initial order. Upon occurrence ofeither event, notice shall 

### tie given to all 

### parties to 

### the proceeding. (2) 

### As authorized by law, an agency 

### headmay appoint

a person to review initial orders and to prepare andenter final agency orders. (3) RCW 34.05.425 and 

### 34.05.455 apply to any person reviewing an initial order on behalfofan agency as 

### partof the 

### decision process, and to persons communicating with them, to 

### the same extent that it is applicable to presiding officers. (4) 

### The officerreviewing 

### the

### initial order(mclud.ing 

### the
agency 

### head reviewing an initial order) 

### is.for 

### thepwposes ofthis chapter, 

### termed the reviewing officer. 

### The**reviewing~** officer shall exercise all the decision-making

### powerthat th( ''; reviewing officer would have 

### bad to decide and enter

### th~j final order had the reviewing officer presided over the hearing, except to 

### the extent 

### that the issuessubjecttoreview

are limited by a provision oflaw or 

### bythe reviewing officer upon notice to 

### all the 

### parties. 

### Inreviewing findings offact by presiding officers, 

### the reviewing officers 

### sbal1 give due regard to 

### the presiding officer's opportunity 

### to observe 

### the witnesses. (5) 

### The reviewing officer shall personally consider the whole 

### record or such portions ofit as may 

### becited by the parties. (6) The reviewing officer shall afford each party an opportunity to present written argument 

### and may 

### affordeach party an opportunity to present 

### oral argumenL . (7) The reviewing officer shall enter a final order disposing ofthe proceeding or remand the matterfor 

### further proceedings. with instructions to thepresiding officer who entered the initial order. Upon remanding a matter, the reviewing officer shall order such temporary reliefas is authorized and appropriate. (8) A final order shall include. or incorporate by reference to 

### the initial 

### order. all matters 

### required by RCW 34.05.461(3). (9) 

### The reviewing officershall cause 

### copies of

### the final order or 

### orderremanding the matterfor 

### further procCedings
to 

### be served 

### upoo

### each party. [1989 e 175

## t 20; 1988 c 288 § 419.] 

# 0

FJrectlft

### aa.-ltD e 115: SeeIIOIie

### roDowiDa RCW 34.05.010. o .

### _Administrative Procedure 

### Ad 34.os.467


# •

•

• RCW 34.05.467 Stay. A party may submit to the presiding or reviewing officer. 

### as is appropriate to the stage of the proceeding. a petition for stay ofeffectiveness of a final order within ten days of its service unless otherwise provided by statute or stated in the 

### final order. Disposition of the petition for stay shall be made by the presiding officer. reviewing officer. or agency head as provided by agency rule. Disposition may 

### bemade either before or after the effective date of the 

### final order. Disposition denying a stay is not subject to judicial review. [1988 

### c 288 

### § 420.)



### RCW 34.05.470 Reconsideration. (1) Within ten days of the service ofa final order. any party may file a petition for reconsideration. stating the specific grounds upon which relief is requested. The place offiling and other procedures. if any. shall be specified by agency rule. (2) No petition for reconsideration may stay the 

### effectiveness of an order. (3) If 

### a petition for reconsideration is timely 

### filed. and the petitioner has complied with the agency's procedural rules for reconsideration. if any. the 

### time for filing a petition for judicial review does not commence until the agency disposes ofthe petition for reconsideration. The agency is deemed to have denied the petition for reconsideration if. within twenty days from the date the petition is filed. the agency does not either: (a) Dispose of the petition; or (b) serve the parties with a written notice specifying the date by which it will act on the petition. (4) Unless the petition for reconsideration is deemed denied under subsection (3) of this section. the 

### petition shall be disposed ofby the same person or persons who entered the order. if reasonably available. TIle 

### disposition shall be in the form ofa written order denying the petition. granting the petition and dissolving or modifying the final order. or granting the petition and setting the matter for further hearing. (5) The filing of a petition for reconsideration is not a prerequisite for seeking judicial review. An order denying reconsideration. or a notice provided for in subsection (3)(b) of this section is not subject to judicial review. [1989 

### c 175 § 21; 1988 

### c 288 

### § 421.J
Effectivedate-l989 e 175: See nOle foUowing RCW34.05.010.



### RCW 34.05.473 Effectiveness ororders. (1) 

### Unless a later date is stated in an order or a stay is granted. an

### order is effective

### when entered. but: (a) A party may not be required to comply with a final order unless the party has been served with or has actual knowledge ofthe final order; (b) A nonparty may not be required to comply with a final order unless the agency has made the final order available for public inspection and copying or the nonparty has actual knowledge of

### thefinal order; (c) For purposes of determining time limits for further administrative procedure or for judicial review. the determinative date is the date of service of the order. (2) Unless a later date is stated in the 

### initial order or a stay is granted. the time when an initial order becomes a final order in accordance with RCW 34.05.461 is determined as follows:

(1994) 

### (a) When the initial order is entered. if administrative review is unavailable; or (b) 

### When the agency 

### head with such 

### authority enters 

### an order stating, 

### after a 

### petition for administrative review 

### has beenfiled, that review will not 

### beexercised. (3) 

### This section does not preclude an agency from taking immediate action to protect the public interest in accordance with 

### RCW 34.05.479. [1989 c 175 

## f 22; 1988

c 

### 288 § 

### 422.J
Effectivedate-1m e 175: See DOle foUowin& RCW34.OS.010.



### RCW 34.05.476 

## Aaeaq record. (1) 

### An agency shall 

### maintain an official record 

### of each adjudicative proceeding under this chapter.

. (2) The agency 

### record shaH include: (a) Notices ofall proceedings; (b) Any prehearing order, (c) Any motions. pleadings, briefs. petitions. requests, and intermediate rulings; (d) Evidence received or considered; (e) A statement ofmatters 

### officially noticed; (f) 

### Proffers ofproofand 

### objections and 

### rulings thereon; (g) 

### Proposed findings, requested orders, and 

### exceptions; (h) 

### The recording prepared for the presiding om&!- 

### at the hearing, together with any transcript 

### of all or

## panofthe hearing considered before 

### finaldisposition of

### the proceeding; (i) Any final order, initial order, or order on reconsider**ation;~.** 

## G> Staffmemoranda or data submitted to the 

### preSi4ing officer, unless prepared and submitted by personal**assiS~ts** 

### and not inconsistent with RCW 34.05.455; and '." 

### (k) Matters placed on the record after an

### exp:~e communication. -: " (3) Except to the extent that this chapter or

### an~ther statute provides otherwise. the 

### agency record constitutes 

### the exclusive basis for agency action 

### in adjudicativeproceedings under this chapter and forjudicial review ofadjudicative proceedings. [1988 c 288 § 

### 423.J

RCW 34.05.479 Emergency adjudicative proc:eecsiDgs. (1) 

### Unless otherwise provided by law, an agency may
use emergency adjudicative proceedings in a situation involving an immediate danger to the 

### public health. safety, 

### or welfare requiring immediate 

### agency 

### action. (2) 

### The agency may 

### take only such action as 

### is necessary 

### to 

### prevent or avoid 

### the immediate danger to 

### the public health, safety, or welfare thatjustifies use ofemergency adjudication.

. (3) The agency shall enter an order, including a brief
statement offindings offact.conclusions of law, and policy

reasons for the decision 

### if it is an exercise ofthe agency's discretion, to justify the determination ofan immediate danger and·

### the agency's decision to 

### takethe 

### specific action. (4) 

### The agency shall give such notice as is practicable
to 

### persons who are required to 

### comply with the 

### order. The order is effective.when entered. 

### (5) After entering an order under this section, the agency shall 

### proceed as quickly as feasible to 

### complete any proceedings that would 

### berequired if

### thematter did not involve an immediate 

### danser.

[Q. 

### J4.I5-ia. 11]**'~J.I** ."

### Admln1m'atlve Procedure Ad 34.05.479

(6) The agency record consists of any documents regarding the 

### matter that were considered 

### orpreparedby the 

### agency. 

### The agency shall maintain these documents 

### as its official record. (7) Unless otherwise required by a provision oflaw. the 

### agency record need not constitute the exclusive basis for agency action in emergency adjudicative proceedings or for judicial 

### review thereof. (8) This section shall not apply to agency action taken pursuant to a provision of law that expressly authorizes the 

### agency to issue a cease and

### desist order. The agency may proceed. alternatively, under that independent authority. [1988 

### c 288 § 

### 424.)

. Designation of personsfor**~merg~ncy** adjudications by .tilitits and transportation cOlMlissiOll: RCWBO.OJ.(J6().

RCW 

### 34.05.482 Briel adjudicative proceedingsApplicability. (I) 

### An agency may use brief adjudicative proceedings if: (a) The use of those proceedings in the circumstances does not violate any provision oflaw; (b) 

### The protection of the 

### public interest does not 

### require the agency to give notice and an opportunity to participate to persons other than the 

### parties; (c) The matter is entirely within one 

### or more categories for which the agency by rule has adopted this section and RCW 

### 34.05.485 through 34.05.494; and (d) 

### The issue and interests involved in the 

### controversy do not warrant use ofthe procedures of RCW 

### 34.05.413 through 34.05.479. . (2) Briefadjudicative proceedings 

### are not 

### authorizedfor

public assistance and food stamp programs provided for in Title 74 RCW, including but not limited to 

### public assistance

as defined in RCW 

### 74.04.005(1). [1988 c 288 § 

### 425.)

RCW 

### 34.05.485 Brier adjudicative proceedingsProcedure. (I) 

### If 

### not specifically prohibited by law, the following persons may be designated 

### as the 

### presiding officer ofa briefadjudicative proceeding: (a) The agency head; (b) One or more members ofthe agency 

### head; (c) One or more administrative lawjudges; or (d) One 

### or more other persons designated by 

### theagency head. (2) 

### Before taking action. the presiding officer-shall 

### give each party an opportunity to be informed ofthe 

### agency's view of the matter 

### and to explain the party's view ofthe matter. (3) At the time any unfavorable action is taken the presiding officer shall serve upon each party a 

### brief statement of the reasons for the 

### decision. Within ten days, the 

### presiding officer shall give the parties a briefwritten statement ofthe reasons for the decision and information about any internal administrative review available. (4) 

### The briefwritten statement is an initial 

### order. 

### Ifno review is taken ofthe initial order as authorized by RCW 34.05.488 and 34.05.491, the 

### initial order shall be 

### the final order. [1989 c 175 § 

### 23; i988 

### c 288 § 

### 426.]
EtI'ectln date-l989 c 175: See aocefoUowing RCW 34.OS.0I0.

[eh. J4..o5--p. IIJ 

### RCW 34.05.488 Brief

### proceedlnp-AdmlDIstratIve review-AppUcablllty. Unless prohibited 

### byany provision of law, an agency, on its own motion, may 

### conduct**admi~** 

### trative review of 

### anorder resulting from 

### briefIdjudic:ativt

# J proceedings. An 

### agency shall conduct 

### thisreview upon

### the written or 

### oralrequest of

### a party 

### if 

### the agency receives 

### the request within**twenty~ne** 

### days 

### after service of 

### thewritten statement required

### by

### RCW34.05.485(3). 

### [1989 

### c i7S 

### f 24; 1988 c 288 § 

### 427.)

Effective da'-l989 e 175: See noce foUowiDa RCW 34.OS.010.



### RCW 34.05.491 Brierproceedlnp-AdmlDlstratIvf review-Proc:edures. Unless 

### otherwise provided 

### bystatute: (1) 

### Ifthe

### parties have not requested review, 

### the asenc:y may review an order resulting from a briefadjudicative proceeding on its own motion and without notice to the parties, but it may not take any action on review less favorable to 

### any party 

### than 

### the original order without giving that party 

### notice and an opportunity to explain that party's 

### view of

### the

## maner. (2) 

### The reviewing officer may be any 

### person 

### whocould have presided at the briefproceeding, but the reviewing officer must be one who is authorized to 

### grant 

### appropriate reliefupon review. (3) 

### The reviewing officer shall give each party an opportunity to explain the 

### party's view of

### the matter and shall make any inquiries 

### necessary to 

### ascertain whether

### the proceeding must 

### be converted to a formal adjudicative hearing. (4) The order on review must be in writing,**m~!0.** 

### include a briefstatementofthe 

### reasons for 

### the decision. ; must be entered within twenty days after 

### the date of 

### the--.j initial order or of

### therequest for review, whichever is

### later. 

### The order 

### shaU include a description of any 

### furtheravailable

. administrative review or, 

### if none is available, a notice 

### that judicial review may 

### be available. (S) 

### A request for administrative review is deemed to have been denied 

### ifthe agency does not make a disposition ofthe matter 

### widiin twenty days after the

### request is submitted. 

### [1988 

### c 288 § 

### 428.)



### RCW 34.05.494 Agtocy 

### reconlln 

### briefpmceedlnp. (i) The agency 

### record consists ofany documents regarding the 

### matter 

### that were considered or prepared by 

### thepresiding officer for the briefadjudicative proceeding or by the reviewing officer for any review. 

### The 

### agency shall maintain these documents 

### as its official.record. (2) 

### Unless 

### otherwise 

### required by a provision

### of law,

### the agency record need not constitute the exclusive basis for agency action in brief adjudicative proceedings or for 

### the judicial review of briefadjudicative proceedings. [1988 c 288 § 

### 429.]

PART V



### JUDICIAL REVIEW AND CIVD.. 

### ENFORCEMENT

RCW 34.95.510 Relationship between this 

### chapter and otherJudklal review authority. 

### This chapterestal>(\ lishes the exclusive means ofjudicial review of

### agency~) action, except:

(lt94)**~'**



# ..

### - Admbdstradve Procedure Act



# . '



# •

•

• ( I)

### The provisions of this chapter for judicial review do not apply to litigation in which the sole issue 

### is a claim for money damages or compensation,and the agency whose action is at issue does not have statutory authority to determine 

### the claim. (2) Ancillary procedural 

### matters before the reviewing court. including intervention. class actions. consolidation. joinder. severance, transfer. protective orders, andotherrelief from disclosure of privileged or confidential material. are governed, to the extent not inconsistent with this chapter, by court rule. (3) To the extent that de novo review orjury trial review of agency action is expressly authorized by provision oflaw. [1988 

### c 288 § 

### 501.)

RCW 34.05.514 Petition for review-Where rued. (I) 

### Except 

### as provided in subsection (2) ofthis section and *RCW 36.70A.300(3). proceedings for review under this chapter shall be 

### instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county. (b) 

### the county of the petitioner's residence or principal place of business. or (c) in any county where the property owned by the petitioner and affected by the contested decision is located. (2) For proceedings involving institutions of higher education. the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch. [1994 c' 257 § 

### 23; 1988

### c 288 § 502.)
-Reviser's DOte: The reference to RCW 36.70A.3OO(3) apparently refers to an amendment ofRCW 36.70A.300 thatappearedin apreliminary version of the act (Engrossed Substitute Senate Bill No. 6339). That amendatory section was deleted in thefmalbill. Severability-l994 e 257: See note following RCW 36.70A.270.



### RCW 34.05.518 Direct review by court

# orappeals. The final decision of an administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals upon certification by the superior court pursuant to this section. An application (or direct review must 

### be filed with the superior court within thirty days of the filing of the petition for review in superior court. The superior court may certify a case for direct review only if the judicial review is 

### limited to the record 

### of the agency proceeding and the court finds that: 

### (1) Fundamental and urgent issues affecting 

### thefuture administrative process or the public interest are involved which require a prompt determination; (2) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;

. (3) An appeal to the court of'appeals would 

### belikely regardless of the determination in superior court; and (4) The 

### appellate court's determination in 

### theproceeding would have significant precedential value. [1988 c 288 § 503; 

### 1980 c 76 § 1. 

### Formerly RCW 34.04.133.)

RCW 34.05.522 Refusal ofreview by court of appeals. The court ofappeals may refuse to accept review of a case certified pursuant to 

### RCW 34.05.518. The refusal to accept such review is not subject to further appellate

(1994) 

### ._-34.M.510

review. notwithstanding anythinl in Rule 13.3 of

### the Rules of Appellate Procedure to 

### the contrary. [1988 e 

### 288 § 

### 504: 1980

### c 76 § 

### 2. Formerly RCW 34.04.135.J

RCW

### 34.05.526 Appellate review by 

### supreme court



### or court ofappeals. An aggrieved party may secure appellate review ofany finaljudgment ofthe 

### superior court under this chapter by the supreme court or the court of appeals. The 

### review shall be secured in 

### the manner provided by law for review ofsuperior court decisions in other civil cases. [1988 

### c 288 § 

### 50S: 1988 

### c 

### 202§ 

### 35; 1971 c 81 § 

### 87; 1959 

### c 234 § 

### 14. Formerly RCW 34.04.140.J
Rnlser's Dote: This sectiOD wu ameaded by 1981 e 202 , 35. effective June 9. 1988. aDd by 1988 e 2S8 

### t S05. etrCClive Jllly l, 1989. each without**~rCl'CllCe** to theocber. 8odI1IDCftdmeuts Ire iDcorporIted ill thepubticaboa of this seaioa pursuant to RCW 1.12.025(2). ForNle of constnlction. SICC RCW 1.12.025(1). StvtrabiUtJ-l988 e 201: See DOte foUowinS RCW 2.24.0SO.



### RCW 34.05.530 

### Standing. A person 

### has standing to obtainjudicial review ofagency action ifthat person is aggrieved or adversely affected by the agency action. A 

### person is aggrieved or adversely 

### affectedwithinthe 

### meaning of this section only when 

### all three of the 

### following conditions are present: (I) 

### The agency action has prejudiced or is likely to prejudice that 

### person;

. , (2) 

### 1batperson's 

### assertedinterests 

### areamong 

### tbose that the agency was required to 

### consider when it engaged-ia the 

### agency action challenged; and

. (3) A 

### judgment in favor of

### thatperson would substantially eliminate or 

### redress 

### theprejudice 

### to that person 

### caused or likely to be caused by 

### the agency action. [1988 c'288 

### § 506.]' jof'



### RCW 34.05.534 Exhaustion ofadministrative remedies. A person may file a petition forjudicial 

### review under this chapter only after exhausting 

### all administrative remedies available 

### within the 

### agency whose action is 

## beina challenged. or available within any other agency authorized to exercise administrative review, except (I) 

### A petitioner forjudicial review of a rule need not 

### have 

### participated in 

### the rule-making 

### proceedingupon 

### which that rule is based, 

### or have petitioned for its amendment or repeal; (2) A petitioner for judicial review 

### need not exhaust administrative remedies to the

### extent that 

### thischapter or any other statute states that exhaustion is not 

### required; or (3) Tbe 

### court may relieve a petitioner of

### the requirement to exhaust any or 

### all administrative remedies upon a showing 

### that:(a) Tbe 

### remedies would be patently inadequate; (b) 

### 1bc 

### exhaustion ofremedies would 

### befutile; or (c) The 

### grave irreparable 

### harm that wouldresult 

### from having to 

### exhaust administrative remedies would clearly outweigh the 

### public 

### policy requiring exhaustion 

### ofadminis

### trative remedies. [1988 c 288 § 

### sm.J

RCW 34.05.542 1lme for fIllng petition 

### for review. Subject to 

### ocher requirements ofthis 

### chapter or of

### anotbeI'
statute: "


## -. "'J

### 34.05.541
_. AclmJDlstndve Procedure Act r'

(I) A petition forjudicial review ofa rule may 

### be filed at any time. except as limited by 

### RCW 34.05.375. (2) A petition for judicial review of an order shall be filed with the court and served on the agency. the office of the auomey general. and all parties of record within thirty days after service ofthe final order. (3) A petition forjudicial review of agency action other than the adoption of a rule or the entry of an order is not timely unless filed with the court and served on the agency, the office of the attorney general. and all other parties of record within 

### thirty days after 

### theagency 

### action. but 

### thetime is extended during any period that the petitioner did not know and was under no duty to discover or could not reasonably have discovered that the agency had taken the action or that the agency action had a sufficient effect to confer standing upon the petitioner to obtainjudicial review under this chapter. (4) Service of the petition on the agency shall be by delivery of a copy ofthe petition to the office ofthe director. or other chiefadministrative officer or chairperson ofthe agency. at the principal office of

### theagency. Service of a copy by mail upon the other parties ofrecord and the office ofthe attorney general shall 

### bedeemed complete upon deposit in the United States mail, as evidenced by the postmark. (5) Failure to timely serve a petition on the office ofthe attorney general is not grounds for dismissal ofthe petition. [1988 

### c 288 

### § 509.]

.



### RCW 34.05.546 Petition (or review-Contents. A petition for review must set forth: (1) The name and mailing address of

### the petitioner; (2) The name and mailing address ofthe petitioner's attorney, if any; (3) The name and mailing address ofthe agency whose action is at issue; (4) Identification ofthe agency action at issue. together with a duplicate copy. summary. or briefdescription ofthe agency action; (5) Identification of persons who were parties in any adjudicative proceedings that led to the agency action;

. (6) Facts to demonstrate that 

### the petitioner is entitled to obtainjudicial review; (7) The petitioner's reasons for believing that relief should be granted; and (8) A request for relief. specifying the type and extent ofrelief requested. [1988 c 288 

### § 510.]



### RCW 34.05.550 Stay and other temporary remedies. (l) Unless precluded by law. 

### the agency may grant a stay. in whole or in part, or other temporary remedy. (2) After a petition forjudicial review 

### has been filed. a party may file a motion in 

### the reviewing court seeking a stay

or other temporary remedy. (3) 

### Ifjudicial reliefis sought for a stay 

### or othertemporary remedy from agency action based on public health. safety. or welfare grounds the court shall not grant such reliefunless the court finds that: (a) The applicant is likely to prevail when the court finally disposes ofthe matter;

[eb. J4.GS-p••

### 1 (b) Without reliefthe applicant will suffer imparable injury; (c) The grant ofreliefto 

### the

### appli~t willnOl

### SUbs~i"1 tially harm 

### otherpatties to 

### the 

### ProceedlllBS; and (d) The threat to 

### thepublic heaJth, safety. or welfare 

### is
not sufficiently serious to justify the agency action in the circumstances. (4) 

### Ifthe court determines 

### that reliefshould 

### begranted from the agency's action granting a stay or other

### temporary remedies, the court may remand the 

### matter or may enter an order denying a stay 

### orgranting 

### a stay on appropriate terms. (1989 

### c 17S

## t**2S~** 1988 

### c 288 

## t 511.)
Uectm**~1989** e 115: See DOlefoUowiq RCW34.05.010.



### RCW 34.05.554 Limitation on new 

### Issues. (I) Issues not raised before 

### the agency may not 

### beraised on appeal. except to 

### theextent 

### that: (a) The person did not know and was under no duty to discover or could not have reasonably discovered facts giving rise to the issue;

. (b) 

### Theagency 

### actionsubject 

### tojudicial review 

### is a 

### rule and the person 

### has not been a party in adjudicative proceedings that provided an 

### adequate opportunity to 

### raisethe issue; . (c) The agency action subject to judicial review is an. order and the person was not notified ofthe adjudicative proceeding in substantial compliance with this chapter; or (d) The interests ofjustice would 

### be served by resolution ofan issue arising from: (i) A change in controlling law occurring after the
agency action; or

. . ..

## !"-

. (ii) Agency action occurring 

### after theperson**exhau~** ) the last feasible opportunity for seeking relieffrom tl1e;-) agency.

. (2) The court shall remand to the agency for 

### determination any issue that is property raised pursuant to subsection (I) ofthis section. [1988 c 288 

### § 512.)



### RCW 34.05.558 Judldal 

### remw ofCadsconfiDed 

### to record. Judicial review ofdisputed issues offaet shall 

### be conducted by 

### the court without ajUl)' and must

### beconfined to the agency record for judicial review as defined by this chapter, supplemented by additional evidence

### taken pursuant to this chapter. (1988 c 288 

## t SI3.]



### RCW 34.05.561 New evidence taken 

### by 

### court or agency. (1) The court may receive evidence 

### in addition to that contained in the agency record forjudicial review, only if it relates to the validity ofthe agency action at 

### thetime it

was taken 

### andis needed to decide disputed issues regarding: (a) Improperconstitution as a decision-making body or .grounds for.disqualific.ation ofthose taking the agency action; (b) Unlawfulness ofprocedure or ofdecision-making process; or (c) Material facts 

### in rule making. briefadjudications. 

### or other proceedings not required to be determined on the agency record. (2) The court may remand a matter to the

### agenc,!~ before final disposition ofa petition for review,

### wit\~) directions that 

### the agency conduct riet-finding and other proceedings the counconsiders necessary and that tbe

(ltM)Administrative 

### Procedure 

### Ad 

# •

•

• agency take such further action on the basis thereof as 

### the
court directs. if: (8) The agency was required by this chapter or any other provision of law to base its action exclusively on a record ofa type reasonably suitable forjudicial review. but the agency failed to prepare or preserve an adequate record: (b) The court finds that (i) new evidence has become available that relates to the validity of

### the agency action at the time it was taken, that one or more ofthe parties did not know and was under no duty to discover or could not have reasonably been discovered until after the agency action, and (ii) the interests of justice would be served by remand to the agency; (c) Theagency improperly excluded or omitted evidence from the record: or (d) A relevant provision of law changed 

### after

### theagency action and the court determines that the new provision may control the outcome. [1988 c 288 

### § 514.]

RCW 34.05.566 Agency record for review-Costs. (I) .Within thirty days after service ofthe petition forjudicial review. or within further time allowed by the court or by other provision of law. the agency shall transmit to the court the original or a certified copy of the agency record for judicial review ofthe agency action. The record shall consist of any agency documents expressing the agency action. other documents identified by the agency as having been considered by it before its action and used as a basis for its action. and any other material described in this chapter as the agency record for the type ofagency action at issue, subject to the provisions ofthis section. (2) 

### If pan ofthe record has been preserved without a**~anscript.** the agency shall prepare a transcript for inclusion

In the record transmitted to the court, except for portions 

### that the parties stipulate to omit in accordance with subsection (4) ofthis section. (3) The agency may charge a nonindigent petitioner with the reasonable costs ofpreparing any necessary copies and transcripts for transmittal to the court. A failure by the petitioner to pay any of this cost to the agency relieves the agency from the responsibility for preparation of the record and transmittal to the court, (4) The record may be shortened. summarized. or organized temporarily or. by stipulation of all parties. permanently. (5) The court may tax the cost ofpreparing transcripts and copies of the record: (a) Against a 

### party who unreasonably refuses to stipulate to shorten. summarize. or organize the record; or (b) In accordance with any provision oflaw. (6) Additions to the record pursuant to RCW 34.05.562 must be made as ordered by the court,

. (7) The court may require or permit subsequent corrections or additions to the record. [1989 c 175 

### § 26: 1988 c 288 § SIS.]
ED'ectivedate-1989 c 175: See Dace following RCW 34.05.010.

RCW 34.05.570 Judicial review. (1) Generally. Except to the extent that this chapter or another statute provides otherwise:

(1994) 

### ... -34.05.562

(a) Theburden of

### demonstrating the invalidityof

### aaency action is on the party asserting invalidity; (b) 

### The validity of

### agency action 

### shall

### be

### determined in accordance with the standards ofreview provided in this section. as applied to the agency action at 

### the time 

### it was taken: (c) 'Thecourt shall make a separate and distinct Nling

on each material issue on which the .eourt's decision is based: and (d) The court shall grant reliefonly if it

### determines 

### that

a person seekingjudicial reliefhas been substantially prejudiced by 

### the action complained of. (2) Review ofNics. (a) A rule may 

### be reviewed by petition for declaratoryjudgment filed pursuant to this subsection or in 

### thecontext ofany 

### otherreview proceeding under this section. In an action challenging 

### the validity of a rule. 

### the agency shall be made a party to 

### the proccedinl. (b) 'The validity of any rule may be determined upon petition for a declaratoryjudgment

### addressedto 

### thesuperior
court ofThurston county. when it appears 

### that 

### the rule. or 

### its threatened application. interferes 

### withor 

### impairs or 

### immediately threatens to interfere with or impairthe legal rights or privileges ofthe petitioner. 

### Thedeclaratoryjudgmeni'order may be entered whether or not the petitioner has'flrst requested 

### the agency to pass upon 

### the validity of the rule in question. (c) 

### In a proceeding involving review ofa rule. the 

## Court
shall declare the rule invalid only 

### if it finds that 

### it violates constitutional provisions. exceeds the statutory authority of the agency. was 

### adopted without compliance 

### with SWulory rule-making procedures. orcould not conceivably have been the product ofa rational decision-maker. :J)ij{:' (3) Review ofagency orders 

### in adjudicative proceedings. The court shall grant relieffrom an agency

### order. 

### in an adjudicative proceeding only 

### ifit determines 

### that: ,7 (a) 

### The order. or 

### the statute or rule on which the order is based. is in violation ofconstitutional provisions on 

### its face or as applied; :-' (b) The order is outside the statutory authority or jurisdiction of

### the agency 

### conferred by any provision of''law; (c) 

### The agency basengaged in unlawful procedure or decisioe-making 

### process. or

### bas failed to foUow a prescribed**p~edure;** . (d) 

### The agency baserroneously interpreted or applied the law: (e) The order is not supported by evidence that is substantial when viewed 

### in light of

### the whole record before the court. which includes the agency record forjudicial review. supplemented by any 

### additionalevidencereceived by the court under 

### this chapter; (f) The agency has not decided all issues requiring ·resolutioo by 1heagency;

. 

### (g) A motion for disqualification 

### underRCW 34.05.425

or 34.12.050 was 

### made and was improperly denied or. 

### if DO motion was made. facts are shown to support 

### the grant of such a motion that were not known and were DOtreasonably discoverable by the challenging party at 

### theappropriate time for makiog such a motion; (h) The 

### order

### is inconsistent 

### with a rule of

### the agency unless 

### the agencyexplains the inconsistency by statingfaets and reasons to demonstrate a 

### ratioua1 basisforinconsisteocy;

or [0. 34OS po 21)**I"~**

### RCW 34.05.582 Petition 

### by othersfor enforumeot. (1) 

### Any person wbo would qualify under this chapter 

### as having standing to obtainjudicial review ofan asency's failure to enforce an order 

### directed to another person may file a petition for civil enforcement ofthat order. but the action may not 

### be commenced: (a) Until at least sixty days 

### afterthepetitioner 

### bas given notice ofthe alleged violation 

### and ofthe petitioner's intent
to seek civil enforcement to the 

### head ofthe agency concerned, 

### to the attorney 

### general,and to 

### each person against whom 

### thepetitioner seeks civil enforcement;

. (b) 

### Iftheagency 

### bas tiled 

### andis 

### diligently**~tinr~'\** 

### a petition for civil 

### enforcementof

### thesameorda' aplDst

# iii.

. "----.....,....,.. 

### same person; or (c) 

### If a petition for review ofthe 

### same order bas been filed and a stay is in effect. (2) 

### The petitiOft 

### shalJ name, as respondents, 

### theasency whose order is sougbt to be enforced and each person against whom the petitioner 

### seeks civil enforcement (3) 

### The agency whose order 

### is sougbt to 

### be enforced may move to dismiss 

### the petitionon 

### thegrounds 

### thatit fails
to qualify under this section or 

### that the enforcement would be contrary to the policy of.the agency. The court 

### shall grant the 

### motion to 

### dismiss 

### thepetition 

### unless thepetitioner demonstrates 

### that(a) 

### thepetition

### qualifies underthis 

### section and (b) 

### the agency's 

### failureto enforce its order 

### is based on


### an exercise ofdiscretion 

### thai 

### is arbitrary 01' 

### capricious. (4) 

### Exceptto the

### extent expressly 

### authorizedby Jaw, a petition for civil enforcement may DOt

### request. and the court 

### may not grant, any monetary payment apart from 

### taxable
costs. [1988 c 288 

### I 519.)



### RCW

### 34.0S.586 DeCenses, 

### IhnitatJoos 00. (1) 

### Except

as expressly provided 

### in thissection. a respondent may not



### .assert 

### as a defense in aproceedingfor civil enforcement any fact 

### or issue 

### thatthe

### respondeDt bad an 

### opportunity to assert 

### before the agency 

### or a reviewing court 

### and did 

### not.or 

### upon which the 

### final detennination of

### theageucy 01' 

### a reviewing court was adverse 

### to 

### the respondenL A respondent may assert 

### as a defense only 

### abc foUowiaa: 

# 0

(a) Tbat tbe rule or order

### is invalid UDder 

### RC '''..._ 34.05.570(3) (a), 

### (b). (c), 

### (d), 

### (J), or 

### (b). but 

### only 

### wbeothe**respo~ dic1~_kDow**  

### and**~u** 

### tmdtz.DO todiscovcr.

(IJN) 

### Administrative 

### Procedure Ad

further proceedingsor agency ac:tion. (1989 c 175 

## I 28; 1988 

### c 288 

## t 517.) Dream dale-I'" e 115: See DOle

### foIlowiaa RCW 34.05.0100



### RCW 34.05.5'71 

### Peddoab1 qeDC)' 

### for mforcemeat. (1) 

### In addition to 

### othez remedies provided bylaw, an 

### aaency may seek enforcement 

### of its rule or 

### orderby 

### filing • 

### petition for civil enforcement in 

### the superior court. 

### (2) TIle petition must name

### asrespondent 

### each alleged person against whom the agency seeks to obtain civil enforcement (3) 

### Venue is 

### determined 

### asin other civil 

### cases. (4) 

### A petition for civil enforcement 

### filedby 

### an

### agency may request. and 

### thecourt may grant, declaratory relief. temporary or permanent injunctive relief, any other civil remedy provided by law, 

### or any combination of

### theforegoing. [1988 

### c 288 

### I SI8.J 

### 34.05.570

(i) 

### The order is arbitrary or capricious. (4) Review ofother agency action. (a) All agency action not reviewable under subsection (2) 

### or (3) 

### ofthis section shall be reviewed under this 

### subsection.

. (b) A 

### person whose rights are violated by an agency's failure to perform a duty that is required by law to be performed may file a petition for review pursuant to RCW 34.05.514. seeking an order pursuant to this subsection requiring performance. Within twenty days after service of the petition for review. the agency shall file and serve an
answer to the petition. made in the same manner as an
answer to a complaint in a civil action. 

### Thecourt may hear evidence. pursuant to 

### RCW 34.05.562. on material issues of fact raised by the petition and answer. (c) Relieffor persons aggrieved by the performance of

an agency action. including the exercise ofdiscretion, or an action under (b) ofthis subsection can 

### begranted only if the
court determines 

### that the action is: (i) Unconstitutional; (ii) 

### Outside the statutory authority ofthe agency or the authority conferred by a provision of law; (iii) Arbitrary or capricious; or (iv) Taken by 

### persons who were not 

### properly constituted

as agency officials lawfully entitled to take such action. [1989 c 175 § 

### 27; 1988 c 288 § 

### 516; 1977 ex.s. c 52 § 

### 1; 1967 c 237 § 

### 6; 1959 c 234 § 

### 13. Formerly RCW 34.04.130.J
Effective date-1m e 175: See nOle (ollowing RCW34.05.010.



### RCW 34.05.574 Type or 

### reDeI. (1) 

### In a review under RCW 34.05.570. the court may (a) 

### affirmthe agency action or (b) order an agency to take action required by law. order

an agency to exercise discretion required by law. set aside agency action. enjoin or stay the agency action. remand the
matter for further proceedings. or enter a declaratory judgment order. The court shall set out in its findings and conclusions, as appropriate. each violation or error by the agency under the standards for review set out in this chapter

on which the court bases its decision and order. In reviewing maners within agency discretion. 

### thecourt shall limit its function to assuring that the agency.has exercised its discretion in accordance with law, and shall not itself undertake to exercise the discretion that the legislature has placed in the agency. The court shall remand to the agency for modification ofagency action. unless

### remand is impracticable or would cause unnecessary delay. (2) 

### The sole remedy available to a person who is wrongfully denied licensure based upon a failure to pass an examination administered by a state agency. or under its auspices. is the 

### right to retake the examination free of the defect or defects the court may have found in the 

### examination or the 

### examination procedure. (3) 

### The court 

### may award damages. compensation. or ancillary relief only to the extent expressly authorized by another provision oflaw. (4) If the court sets aside or modifies agency action or remands the matter to the 

### agency for

### furtherproceedings. 

### the
court may make any interlocutory 

### order 

### it ftnds necessary 

### to preserve the interests ofthe parties 

### and the public. pending**[Cb.34~n]**Admlnlstndve Procedure 

### Ad

RCW 

### 34.05.594 Review by hJgber court. Decisions

on petitions for civil enforcement 

### are reviewable 

### as 

### in Other civil cases. [1988 

### c 288 

### § 522.]

RCW 34.05.598 Frivolous pedUons. 

### The**pro~ons** ofRCW 4.84.185 relating to civil actions 

### thatare frivolous and advanced without reasonable 

### cause apply to**petitio~~for** judicial review under 

### this chapter. 

### [1988

### c 288 § 

### 607.)"**~::~,\ .~;.~~~**  .**·;":'l~-** PART VI 

### LEGISLATIVE REVIEW RCW 34.05.590 Incorporation 

### of otherJudicial review provisions. Proceedings for civil enforcement 

### are governed by the following provisions ofthis chapter on judicial review, as modified where 

### necessary to adapt them
to those proceedings: 

### (I) RCW 

### 34.05.510(2) (ancillary 

### procedural matters); 

### and (2) RCW 

### 34.05.566 (agency 

### record forjudicial review). 

### [1988

### c 288 § 

### 521.] being conducted for 

### a lawfully authorized

### purpose, and

### ttw the testimony or documents required to be produced 

## are adequately specified and relevant to 

### the investigation, 

### the
court shall enter an 

### order that the 

### person appear before the
agency at the time 

### and place fixed 

### in theorder and 

### testify

### or produce the required documents, and 

### failing to obey this order the 

### person shall be dealt with 

### asforCOIlIempt ofc:owt. (3) Petitions for enforcement ofagency subpoenas 

### are not subject to RCW 

### 34.05.578 through 

### 34.05.590. [1989 

### c 175 

### § 30.]**Elrect1~** dale-1m e 175: SeeDote rouowiD& RCW 34.05.010.

RCW 34.05.610 Joint administrative rules

## re~ewcommlttee-Members-Appolo.tmeot-TermsVacaodes. (1) There is hereby created ajoint administrative rules review committee which shall be a bipartisan committee consisting offour senators and four representatives from the state legislature. Tbe senate members of

### the committee shall be**appo~ted** by 

### thepresidentof

### thesenate, and the house members of

### thecommittee 

### sbaJl be appointed by 

### the speaker of

### the house. Not more 

### thantwo members from each house may be from 

### the same 

### politicalparty. All appointments to the committee are subject to 

### approval 

### by

### the

caucuses to which the appointed members belong. (2) Members 

### shallbe appointed 

### as soon as possible 

### after the legislature convenes in regular session in an odd-num

### bered year, and their tenns shall extend until their successors

are appointed and qualified at 

### thenext regular session of

### the

.legislature in an odd-numbered yearor until such members

no longer serve in the legislature, whichever occurs first, Members may be reappointed 

### to a committee. (3) The president of

### the senate shaD appoint 

### thechairperson in even-numbered years and the vice chairperson in odd-numbered years from among committee membership. 

### The speaker ofthe house shall appoint the chairperson in odd-numbered years and the vice chairperson in evennumbered years from among committee membership: Such RCW 34.05.588 Enforcement ofagency subpoena. (I) 

### If a person fails to obey an agency subpoena issued in an adjudicative proceeding. or obeys the subpoena but refuses
to testify or produce documents when requested concerning

a matter under examination. the agency or attorney issuing the subpoena may petition the superior court ofany county where the hearing is being conducted, where the subpoenaed person resides or is found. or where subpoenaed documents

are located. for enforcement ofthe subpoena. The petition shall be accompanied by a copy ofthe subpoena and proof of service. shall set forth in what specific manner the subpoena has not been complied with. and shall request an order ofthe court to compel compliance. Upon such petition. the court shall enter an order directing the person to appear before 

### thecourt at a time 

### andplace fixed in the order
to show cause why the person 

### has not obeyed the subpoena

or has refused to testify or produce documents. A copy of

. the court's show cause order shall be served upon the person. 

### If it appears to the court that the subpoena was properly issued. and that the panicular questions the person refused to answer or the requests for production ofdocuments were reasonable and relevant. the court shall enter an order that the person appear before the agency at the time and place fixed in the order and testify or produce the required documents, and on failing to obey this order the
person shall be dealt with as for contempt ofcourt. (2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement ofsuch subpoenas in accordance with subsection (I) ofthis section. The agency may petition 

### thesuperior court ofany county where the subpoenaed person resides or is found. or where subpoenaed documents are located. 

### If it appears to the court that the subpoena was properly issued, that the investigation is or could not reasonably have discovered. facts giving rise to this issue; (b) That the interest ofjustice would be served by resolution ofan 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 (I) ofthis 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. [1989 

### c 175 

### § 29; 1988 

### c 288 § 520.]
EO'ectivedate-1989 e 175: Sec note following RCW 34.0S.010. 

# •

• • ..

(1994)

### 34.05.610 -..,;,



### Admlnlslradve Procedun·Ad

- 0

- 

# , \



### appointments shall be made in January ofeach year as soon
as possible after a legislative session convenes. (4) A 

### vacancy on the committee shall be filled by appointment ofa legislator from the same political party 

### as the original appointment. The appropriate appointing authority shall make the appointment within thiny days of the vacancy 

### occurring. [1988 

### c 288 

### I 601; 1983 c 53 § 

### I; 1981 

### c 324 § 5. Formerly RCW 34.04.210.) Legislative .mrmation-Snenblllty-1981 e 314: See lIotes following RCW 34.05.010.



### RCW 34.05.620 Review or proposed rules-Notice. Whenever a majority ofthe members ofthe rules review committee determines that a proposed rule is not within the 

### intent ofthe legislature 

### as expressed in thestatute 

### whichthe 

### rule implements. or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law. including ·section 4 ofthis act and chapter 19.85 RCW, the committee shall give the affected agency written notice ofits decision. The notice shall 

### be given at 

### least seven days prior to any hearing scheduled for consideration ofor adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement ofthe review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule. the agency shall consider the 

### review committee's decision. [1994 

### c 249 .§ 

### 17; 1988 

### c 288 § 

### 602; 1987 

### c 451 § I; 1981 

### c 324 § 6. Formerly RCW 34.04.220.)
-Reviser's note: lbe governor vetoed1994C 249 I 4.**Severabl1lty-Appllca~l994** e 249: See notes following RCW 34.05.310. Legislative amrmatioD-Severablllty-1981 e 324: See lIotes following RCW 34.05.010.



### RCW 34.05.630 Review orexisting rules-Policy statements, guidelines, issuances-Notic:e-:-Hearing. (I) 

### All rules required to 

### be filed pursuant to RCW 34.05.380. and emergency rules adopted pursuant to RCW 34.05.350,

are subject to selective review by thelegislature. (2) The 

### rules review committee may review an agency's

use ofpolicy statements. guidelines. and issuances that are of general applicability. or their equivalents to determine whether or not an agency has failed to adopt a rule or whether they are within the intent ofthe legislature as expressed by the governing statute. (3) 

### Ifthe rules review committee finds by a majority vote ofits members: (a) That an existing rule is DOt

### within the intent ofthe 

### legislature as expressed by 

### the statute which the rule implements. (b) 

### that the rule has not been adopted in accordance with all applicable provisions oflaw. including ·section 4 

### ofthis act ifthe rule was adopted after ·the effective date of section 4 ofthis act and chapter 19.85 RCW. (c) that an agency is using a policy statement. guideline. or issuance in place ofa rule, or (d) that the policy statement. guideline. or issuance is outside oflegislative intent. the agency affected shall be notified ofsuch finding and the reasons therefor. Within thirty 

### days 

### of the receipt of the rules review committee'S notice, the agency shall 

### file notice ofa hearing on therules review committee's finding with the code reviser and mail notice to 

### all persons who have made timely request ofthe agency for advance notice of its rule-makingproceedings-as providedin-RCW

-- [0. 34.DS-p. 14) 

### 34.0'.320. The agency's notice sball include the rules review committee's findinas and reasons 

### therefor. 

### and shan be published in theWashington state register in**~\** 

### with the provisions ofchapter 34.08 RCW. 

# J
(4) 

### Theagency shall consider fully all 

### written and oral 

### submissions 

### regarding (a) whether the rule in question is within 

### the intent of

### the legislature

### asexpressed 

### by

### the statute 

### which 

### the role implements. (b) 

### whether 

### the rule 

### was 

### adopted in 

### accordance with all 

### applicable proviSions oflaw, 

### including ·section 4 ofthis act ifthe rule was adopted after -the effective date ofsection 4 ofthis act and chapter 19.85 RCW. (c) whether 

### the agency is using a policy statement. guideline, 

### or issuance in 

### placeof 

### arule. or (d) 

### wbetbcr the policy statement. guideline. 

### orissuance is 

### withinthe leplative intent. [1994 c 249 

## t 18; 1993 

### e 277 

### f I; 1988 

### e 288 § 

### 603; 1987 c 451 § 2; 1981 

### c 324 

## t 7. Formerly RCW 34.04.230.) ·Ilevber', Dote: The

### aovemor vetoedt994 e 249 

### I 4. SeverabWty-AppUcalloD-l994e249: SeeDOCeIfoUowiq RCW 34.05.310. Lqlllative afflrmatioo-SnerabWt1-1981 c 314: See lIotes

.followinl RCW34.05.0to.



### RCW 34.05.640 

### Committee objections 

### to agency action 01' 

### failure to adopt rule-Statement 

### la register

### and WAC-SuspensioD 

### of rule. (I) 

### Within seven days ofan agency hearing held after notification ofthe agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, 

### the affectedagency shallnotify the committee of its action on a proposed or existing rule to wbich the committee objected or on a committee finding oftl;"..··'\ agency's'failure to 

### adopt rules. 

### Ifthe rules

### re~**COIDID!~/** tee determines, by a majority vote ofits 

### members. that the agency has failed to 

### provide for the 

### required hearings or notice ofits action to 

### the committee, the 

### committeemay 

### file notice ofits objections. together with a

### conciseSlatCmentof thereasons therefor, with 

### thecodereviser within thirty 

### days ofsuch determination.

. (2) 

### Ifthe rules review committee finds, by 

### a majority
vote ofits members: (a) That 

### the proposed or existing 

### rule in question has not been modified, amended. withdrawn, or repealed by the agency 

### 59as to conform with the intent of the legislature, or (b) 

### thatan existing rule was DOl

### adopted in 

### acoon:Iance with all 

### applicable provisions

### oflaw. including ·section 

### 4 ofthis act ifthe rule was adopted after -the effective date ofsection 4 ofthis act and chapter 19.85 RCW, or (c) 

### that the agency is using a policy statement. guideline. or issuance 

### in place ofa rule, or that the policy statement, guideline. or issuance is outside ofthe legislative intent. the rules review committee may, within thirty 

### days from notification by the agency ofits action. 

### file with 

### the code reviser 

### notice ofits objections toaetber 

### with a

### concise statement ofthereasons therefor. 

### Such notice and sta1cment shall also be provided to the agency by 

### therules review committee. (3) 

### If the rules review committee makes 

### an adverse finding under subsection (2) 

### ofthis 

### scc:tion. abc committee may, by a majority vote of

### its members, recommend". suspension ofan existina rule. Within seven days

### of

# sur"j'"

vote the

### committeesha1J 

### transmitto the 

### appRlIlIWe**staDdii.~** 

### committees ofthe 

### legis1alure, the governor, 

### the code 

### miser, and-lhc-agency .wriuen.DOtice ofits.objection**~~.** (1JM)

# • Aclmlnlstrative Procedure Act 

### 34.05.640



# '"

..

# •

•

• mended suspension and the concise reasons therefor. Within thirty days of receipt ofthe notice. the governor shall transmit to the committee. the code reviser. 

### and the agency written approval or disapproval of

### therecommended suspension. 

### If the suspension is approved by the governor. it is effective from the date of that approval and continues until ninety days after the expiration ofthenext regular legislative session. (4) 

### If the governor disapproves the recommendation of the rules review committee to suspend the rule. the transmittal of such decision. along with the findings of the rules review committee. shall be treated by the agency as a petition by the rules review committee to repeal the rule under RCW 34.05.330. (5) 

### 'The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (I). (2). 

### or (3) 

### ofthis section in the Washington
state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue ofthe Washington state register in which the

### full text thereof appears. (6) 

### The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent ofthe legislature or was adopted in accordance with all applicable laws. whichever was the objection ofthe rules review committee. [1994 c 249 § 

### 19; 1993 c 277 § 

### 2; 1988 c 288 § 

### 604; 1987 c 451 § 3; 1981 c 324 § 

### 8.

. Formerly RCW 34.04.240.]
-Reviser's Dote: Thegovernor vetoed 1994e 249 

### f 4. Severabilily-ApplicaU_J994 e 249: Sec notes fonowing RCW 34.05.310. Legislative affirmatloo-Sevenbl1lly-1981 e 314: See Dotes following RCW 34.05.010.



### RCW 34.05.650 Recommendations 

### bycommitteeto**legisla~re.\** 

### Therules review 

### committeemay recommend to the 

### legislature that the original enabling legislation serving

as authority for the adoption ofany rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable. (1988 c 288 § 605; 1987 

### c 451 § 

### 4; 1981 c 324 § 

### 9. Formerly RCW 34.04.250.] Legislative amrmatioo-Severability-1981 e 314: See Dotes following RCW 34.05.010.



### RCW 34.05.660 Reviewandobjection proceduresNo presumption established. 

### It 

### is the express policy ofthe legislature that establishment ofprocedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630(2) and 34.05.640(2) in no way serves to establish a presumption as to 

### thelegality

or constitutionality of a rule in any subsequentjudicial proceedings interpreting such rules. [1988 c 288 § 

### 606; 1981 c 324 § 

### 10. Formerly RCW 34.04.260.] Legislative amrmatioo-Sevenbillly-1981 e 314: See Dotes following RCW 34.05.010.

(1994) 

### PART IX TECHNICAL PROVISIONS

RCW 34.05.900 Captions and beadings. Section captions and subchapter headings 

### usedin this chapter

### do not constitute any part 

### ofthe law. [1988 c 288 § 703.]



### RCW 34.05.901 SeverabUity-1988 e 288. 

### If any provision ofthis chapter or its application to 

### any person or circumstance is held 

### invalid, the remainder ofthechapter or the application ofthe provision to other persons 

### or circumstances is not affected. [1988 

### c 288 

### § 704.]

RCW 

### 34.05.901 Effectivedate-Applicatioo-1988



### c 288. RCW 34.05.001 through 

### 34.0S.902 shall take effect on July 1, 

### 1989, and shall apply to all rule-making actions and agency proceedings begun on or after that date. Rulemaking actions or other agency proceedings begun before July I. i989, shall be completed under the applicable provisions ofchapter 28B.19 or 34.04 RCW existing immediately before that date 

### in the same manner 

### as if they

were not 

### amended by chapter 288. 

### Laws of 1988 or

### repealed by section 701 ofchapter 288, Laws of 1988. [1988 

### c 288 § 

### 705.]
, RecocIlficatioo--Cornctloo ol statutory relueoca-l988 e 188: "Parts X through 

### xv ofthis 

### .a shall constitute a new c:hapter ill 

### Tide 34 RCW. andthe scctioas ameoded or set forth ill this act shall bem:odi6ed in the order they appear ill this act. The code reviser sban correct all statutory refereoc:es to these sectioas aDd to the repealed c:bapcl:ft 288.19 and 34.04 RCW 10 refled this rcc:odific:atioo aDd repeal.· [1988 c"288I 706.1 : "('

-'

(Cb. 34.15 P 2.5]