reglab/housing_qa huggingface dataset:
WA Rev Code § 34.05.546 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.546 - Petition for review—Contents.

RCW 34.05.546 Petition for review—Contents.A petition for review must set forth:(1) The name and mailing address of the petitioner;(2) The name and mailing address of the petitioner's attorney, if any;(3) The name and mailing address of the agency whose action is at issue;(4) Identification of the agency action at issue, together with a duplicate copy, summary, or brief description of the 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 obtain judicial review;(7) The petitioner's reasons for believing that relief should be granted; and(8) A request for relief, specifying the type and extent of relief requested.[ 1988 c 288 § 510.]
WA Rev Code § 34.05.550 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.550 - Stay and other temporary remedies.

RCW 34.05.550 Stay and other temporary remedies.(1) Unless precluded by law, the agency may grant a stay, in whole or in part, or other temporary remedy.(2) After a petition for judicial review has been filed, a party may file a motion in the reviewing court seeking a stay or other temporary remedy.(3) If judicial relief is sought for a stay or other temporary remedy from agency action based on public health, safety, or welfare grounds the court shall not grant such relief unless the court finds that:(a) The applicant is likely to prevail when the court finally disposes of the matter;(b) Without relief the applicant will suffer irreparable injury;(c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and(d) The threat to the public health, safety, or welfare is not sufficiently serious to justify the agency action in the circumstances.(4) If the court determines that relief should be granted 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 or granting a stay on appropriate terms.[ 1989 c 175 § 25; 1988 c 288 § 511.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.554 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.554 - Limitation on new issues.

RCW 34.05.554 Limitation on new issues.(1) Issues not raised before the agency may not be raised on appeal, except to the extent 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) The agency action subject to judicial review is a rule and the person has not been a party in adjudicative proceedings that provided an adequate opportunity to raise the issue;(c) The agency action subject to judicial review is an order and the person was not notified of the adjudicative proceeding in substantial compliance with this chapter; or(d) The interests of justice would be served by resolution of an issue arising from:(i) A change in controlling law occurring after the agency action; or(ii) Agency action occurring after the person exhausted the last feasible opportunity for seeking relief from the agency.(2) The court shall remand to the agency for determination any issue that is properly raised pursuant to subsection (1) of this section.[ 1988 c 288 § 512.]
WA Rev Code § 34.05.558 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.558 - Judicial review of facts confined to record.

RCW 34.05.558 Judicial review of facts confined to record.Judicial review of disputed issues of fact shall be conducted by the court without a jury and must be confined to the agency record for judicial review as defined by this chapter, supplemented by additional evidence taken pursuant to this chapter.[ 1988 c 288 § 513.]
WA Rev Code § 34.05.562 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.562 - New evidence taken by court or agency.

RCW 34.05.562 New evidence taken by court or agency.(1) The court may receive evidence in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding:(a) Improper constitution as a decision-making body or grounds for disqualification of those taking the agency action;(b) Unlawfulness of procedure or of decision-making process; or(c) Material facts in rule making, brief adjudications, or other proceedings not required to be determined on the agency record.(2) The court may remand a matter to the agency, before final disposition of a petition for review, with directions that the agency conduct fact-finding and other proceedings the court considers necessary and that the agency take such further action on the basis thereof as the court directs, if:(a) The agency was required by this chapter or any other provision of law to base its action exclusively on a record of a type reasonably suitable for judicial 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 of the 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) The agency improperly excluded or omitted evidence from the record; or(d) A relevant provision of law changed after the agency action and the court determines that the new provision may control the outcome.[ 1988 c 288 § 514.]
WA Rev Code § 34.05.566 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.566 - Agency record for review—Costs.

RCW 34.05.566 Agency record for review—Costs.(1) Within thirty days after service of the petition for judicial 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 of the 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 of agency action at issue, subject to the provisions of this section.(2) If part of the record has been preserved without a transcript, 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) of this section.(3) The agency may charge a nonindigent petitioner with the reasonable costs of preparing 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 of preparing 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 of law.(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 § 515.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.574 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.574 - Type of relief.

RCW 34.05.574 Type of relief.(1) In a review under RCW 34.05.570, the court may (a) affirm the 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 matters within agency discretion, the court 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 of agency 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 of law.(4) If the court sets aside or modifies agency action or remands the matter to the agency for further proceedings, the court may make any interlocutory order it finds necessary to preserve the interests of the parties and the public, pending further proceedings or agency action.[ 1989 c 175 § 28; 1988 c 288 § 517.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.578 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.578 - Petition by agency for enforcement.

RCW 34.05.578 Petition by agency for enforcement.(1) In addition to other remedies provided by law, an agency may seek enforcement of its rule or order by filing a petition for civil enforcement in the superior court.(2) The petition must name as respondent each alleged person against whom the agency seeks to obtain civil enforcement.(3) Venue is determined as in other civil cases.(4) A petition for civil enforcement filed by an agency may request, and the court may grant, declaratory relief, temporary or permanent injunctive relief, any other civil remedy provided by law, or any combination of the foregoing.[ 1988 c 288 § 518.]
WA Rev Code § 34.05.582 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.582 - Petition by others for enforcement.

RCW 34.05.582 Petition by others for enforcement.(1) Any person who would qualify under this chapter as having standing to obtain judicial review of an agency's failure to enforce an order directed to another person may file a petition for civil enforcement of that order, but the action may not be commenced:(a) Until at least sixty days after the petitioner has given notice of the alleged violation and of the petitioner's intent to seek civil enforcement to the head of the agency concerned, to the attorney general, and to each person against whom the petitioner seeks civil enforcement;(b) If the agency has filed and is diligently prosecuting a petition for civil enforcement of the same order against the same person; or(c) If a petition for review of the same order has been filed and a stay is in effect.(2) The petition shall name, as respondents, the agency whose order is sought to be enforced and each person against whom the petitioner seeks civil enforcement.(3) The agency whose order is sought to be enforced may move to dismiss the petition on the grounds that it 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 the petition unless the petitioner demonstrates that (a) the petition qualifies under this section and (b) the agency's failure to enforce its order is based on an exercise of discretion that is arbitrary or capricious.(4) Except to the extent expressly authorized by law, a petition for civil enforcement may not request, and the court may not grant, any monetary payment apart from taxable costs.[ 1988 c 288 § 519.]
WA Rev Code § 34.05.586 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.586 - Defenses, limitations on.

RCW 34.05.586 Defenses, limitations on.(1) Except as expressly provided in this section, a respondent may not assert as a defense in a proceeding for civil enforcement any fact or issue that the respondent had an opportunity to assert before the agency or a reviewing court and did not, or upon which the final determination of the agency or a reviewing court was adverse to the respondent. A respondent may assert as a defense only the following:(a) That the rule or order is invalid under RCW 34.05.570(3) (a), (b), (c), (d), (g), or (h), but only when the respondent did not know and was under no duty to discover, or could not reasonably have discovered, facts giving rise to this issue;(b) That the interest of justice would be served by resolution of an issue arising from:(i) A change in controlling law occurring after the agency action; or(ii) Agency action after the respondent has exhausted the last foreseeable opportunity for seeking relief from the agency or from a reviewing court;(c) That the order does not apply to the respondent or that the respondent has not violated the order; or(d) A defense specifically authorized by statute to be raised in a civil enforcement proceeding.(2) The limitations of subsection (1) of this section do not apply to the extent that:(a) The agency action sought to be enforced is a rule and the respondent has not been a party in an adjudicative proceeding that provided an adequate opportunity to raise the issue; or(b) The agency action sought to be enforced is an order and the respondent was not notified actually or constructively of the related adjudicative proceeding in substantial compliance with this chapter.(3) The court, to the extent necessary for the determination of the matter, may take new evidence.[ 1989 c 175 § 29; 1988 c 288 § 520.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.588 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.588 - Enforcement of agency subpoena.

RCW 34.05.588 Enforcement of agency subpoena.(1) 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 of any county where the hearing is being conducted, where the subpoenaed person resides or is found, or where subpoenaed documents are located, for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has not been complied with, and shall request an order of the court to compel compliance. Upon such petition, the court shall enter an order directing the person to appear before the court at a time and place 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 particular questions the person refused to answer or the requests for production of documents 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 of court.(2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement of such subpoenas in accordance with subsection (1) of this section. The agency may petition the superior court of any 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 being conducted for a lawfully authorized purpose, and that 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 the order and testify or produce the required documents, and failing to obey this order the person shall be dealt with as for contempt of court.(3) Petitions for enforcement of agency subpoenas are not subject to RCW 34.05.578 through 34.05.590.[ 1989 c 175 § 30.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.590 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.590 - Incorporation of other judicial review provisions.

RCW 34.05.590 Incorporation of other judicial review provisions.Proceedings for civil enforcement are governed by the following provisions of this chapter on judicial review, as modified where necessary to adapt them to those proceedings:(1) RCW 34.05.510(2) (ancillary procedural matters); and(2) RCW 34.05.566 (agency record for judicial review).[ 1988 c 288 § 521.]
WA Rev Code § 34.05.594 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.594 - Review by higher court.

RCW 34.05.594 Review by higher court.Decisions on petitions for civil enforcement are reviewable as in other civil cases.[ 1988 c 288 § 522.]
WA Rev Code § 34.05.598 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.598 - Frivolous petitions.

RCW 34.05.598 Frivolous petitions.The provisions of RCW 4.84.185 relating to civil actions that are frivolous and advanced without reasonable cause apply to petitions for judicial review under this chapter.[ 1988 c 288 § 607.]
WA Rev Code § 34.05.610 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.610 - Joint administrative rules review committee—Members—Appointment—Terms—Vacancies.

RCW 34.05.610 Joint administrative rules review committee—Members—Appointment—Terms—Vacancies.(1) There is hereby created a joint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature. The senate members of the committee shall be appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the house. Not more than two members from each house may be from the same political party. The appointing authorities shall also appoint one alternate member from each caucus of each house. All appointments to the committee are subject to approval by the caucuses to which the appointed members belong.(2)(a) Members and alternates shall be appointed as soon as possible after the legislature convenes in regular session in an odd-numbered year. Except when filling a vacancy, a successor to any member or alternate must be appointed in an odd-numbered year as soon as possible after the legislature convenes in regular session, but no later than by June 30th of the same year. A vacancy on the committee must be filled in accordance with subsection (4) of this section within thirty days of the vacancy occurring. Members and alternates may be reappointed to the committee.(b) The term of any member or alternate appointed to the committee extends until a successor is appointed and qualified, or until the member or alternate no longer serves in the legislature, whichever occurs first.(3) The president of the senate shall appoint the chairperson and the vice chairperson from among the committee membership as soon as possible after the legislature convenes in regular session in January 2016. The speaker of the house shall appoint the chairperson and the vice chairperson in alternating even-numbered years beginning in the year 2018 from among the committee membership. The secretary of the senate shall appoint the chairperson and the vice chairperson in the alternating even-numbered years beginning in the year 2020 from among the committee membership. Appointments of the chairperson and vice chairperson shall be made in each even-numbered year as soon as possible after a legislative session convenes in regular session, but no later than by June 30th of the same year.(4) The chairperson of the committee shall cause all meeting notices and committee documents to be sent to the members and alternates. A vacancy must be filled by appointment of a legislator from the same political party as the original appointment. The appropriate appointing authority shall make the appointment within thirty days of the vacancy occurring.[ 2015 2nd sp.s. c 11 § 1; 1998 c 280 § 9; 1996 c 318 § 2; 1988 c 288 § 601; 1983 c 53 § 1; 1981 c 324 § 5. Formerly RCW 34.04.210.]NOTES:Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.
WA Rev Code § 34.05.620 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.620 - Review of proposed rules—Notice.

RCW 34.05.620 Review of proposed rules—Notice.If the rules review committee finds by a majority vote of its members that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the 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.[ 1996 c 318 § 3; 1994 c 249 § 17; 1988 c 288 § 602; 1987 c 451 § 1; 1981 c 324 § 6. Formerly RCW 34.04.220.]NOTES:Severability—Application—1994 c 249: See notes following RCW 34.05.310.Legislative affirmation—Severability—1981 c 324: See notes following RCW 34.05.010.