reglab/housing_qa huggingface dataset:
WA Rev Code § 34.05.422 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.422 - Rate changes, licenses.

RCW 34.05.422 Rate changes, licenses.(1) Unless otherwise provided by law: (a) Applications for rate changes and uncontested applications for licenses may, in the agency's discretion, be conducted as adjudicative proceedings; (b) applications for licenses that are contested by a person having standing to contest under the law and review of denials of applications for licenses or rate changes must be conducted as adjudicative proceedings; and (c) an agency may not revoke, suspend, or modify a license unless the agency gives notice of an opportunity for an appropriate adjudicative proceeding in accordance with this chapter or other statute.(2) An agency with authority to grant or deny a professional or occupational license must notify an applicant for a new or renewal license not later than twenty days prior to the date of the examination required for that license of any grounds for denial of the license which are based on specific information disclosed in the application submitted to the agency. The agency must notify the applicant either that the license is denied or that the decision to grant or deny the license will be made at a future date. If the agency fails to give the notification prior to the examination and the applicant is denied licensure, the examination fee must be refunded to the applicant. If the applicant takes the examination, the agency must notify the applicant of the result.(3) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, an existing full, temporary, or provisional license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.(4) If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings must be promptly instituted and determined.(5) This section does not apply to requests made by the department of revenue, under the authority of RCW 82.08.155, to the *liquor control board to suspend a person's spirits license and to refuse to renew any spirits license held by the person and to issue any new spirits license to the person.[ 2012 c 39 § 6; 1989 c 175 § 13; 1988 c 288 § 405; 1980 c 33 § 1; 1967 c 237 § 8. Formerly RCW 34.04.170.]NOTES:*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 § 3.Construction—Effective date—2012 c 39: See notes following RCW 82.08.155.Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.425 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.425 - Presiding officers—Disqualification, substitution.

RCW 34.05.425 Presiding officers—Disqualification, substitution.(1) Except as provided in subsection (2) of this section, in the discretion of the agency head, the presiding officer in an administrative hearing shall be:(a) 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 the agency head or an administrative law judge designated by the agency head to make the final decision and enter the final order;(c) One or more administrative law judges assigned by the office of administrative hearings in accordance with chapter 34.12 RCW; or(d) A person or persons designated by the secretary of health pursuant to RCW 43.70.740.(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 of higher education shall designate a presiding officer as provided by rules adopted by the agency.(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 a judge is disqualified.(4) Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly 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 of this section regarding disqualification for cause are in addition to the motion of prejudice available under RCW 34.12.050.(7) If a substitute is required for an individual who becomes unavailable as a result of disqualification 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.[ 2013 c 109 § 4; 1989 c 175 § 14; 1988 c 288 § 406.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.428 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.428 - Representation.

RCW 34.05.428 Representation.(1) 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 counsel or, if permitted by provision of law, other representative.[ 1989 c 175 § 15; 1988 c 288 § 407.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.431 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.431 - Conference—Procedure and participation.

RCW 34.05.431 Conference—Procedure and participation.(1) 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 of the presiding officer, and where the rights of the 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, if technically and economically feasible, to see the entire proceeding while it is taking place.[ 1988 c 288 § 408.]
WA Rev Code § 34.05.434 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.434 - Notice of hearing.

RCW 34.05.434 Notice of hearing.(1) The agency or the office of administrative hearings shall set the time and place of the 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 all parties to whom notice is being given and, if known, the names and addresses of their representatives;(b) If the agency intends to appear, the mailing address and telephone number of the office designated 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 of the presiding officer, if known;(e) A statement of the time, place and nature of the proceeding;(f) A statement of the legal authority and jurisdiction under which the hearing is to be held;(g) A reference to the particular sections of the statutes and rules involved;(h) A short and plain statement of the matters asserted by the agency; and(i) A statement that a party who fails to attend or participate in a hearing or other stage of an adjudicative proceeding may be held in default in accordance with this chapter.(3) If the agency is unable to state the matters required by subsection (2)(h) of this section at the time the notice is served, the initial notice may be limited to a statement of the issues involved. If the proceeding is initiated by a person other than the agency, the initial notice may be limited to the inclusion of a copy of the initiating document. Thereafter, upon request, a more definite and detailed statement shall be furnished.(4) The notice may include any other matters considered desirable by the agency.(5) The notice may be served on a party via electronic distribution, with a party's agreement.[ 2013 c 110 § 1; 1988 c 288 § 409; 1980 c 31 § 1; 1967 c 237 § 9; 1959 c 234 § 9. Formerly RCW 34.04.090.]
WA Rev Code § 34.05.437 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.437 - Pleadings, briefs, motions, service.

RCW 34.05.437 Pleadings, briefs, motions, service.(1) The presiding officer, at appropriate stages of the proceedings, shall give all parties full opportunity to submit and respond to pleadings, motions, objections, and offers of settlement.(2) At appropriate stages of the proceedings, the presiding officer may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final 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.]
WA Rev Code § 34.05.440 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.440 - Default.

RCW 34.05.440 Default.(1) Failure of a party to 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 the loss of that party's right to an adjudicative proceeding, and the agency may proceed to resolve the case without further notice to, or hearing for the benefit of, that party, except that any default or other dispositive order affecting that party shall be served 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) of this section, the presiding officer may serve upon all parties a default or other dispositive 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 longer period 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 party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or conduct them without the participation of that party, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings.[ 1989 c 175 § 16; 1988 c 288 § 411.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.443 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.443 - Intervention.

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 of justice and will not impair the orderly and prompt conduct of the proceedings.(2) If a petitioner qualifies for intervention, the presiding officer may impose conditions upon the intervenor'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 of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and(c) Requiring two or more intervenors to combine their presentations of evidence 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.]
WA Rev Code § 34.05.446 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.446 - Subpoenas, discovery, and protective orders.

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 of record in whose behalf the 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 of discovery 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 of admissions, and all other procedures authorized by rules 26 through 36 of the superior court civil rules. The presiding officer may condition use of 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 the case to hearing will result; (c) whether the discovery will promote the orderly and prompt conduct of the proceeding; and (d) whether the interests of justice will be promoted.(4) Discovery orders and protective orders entered under this section may be enforced under the provisions of this chapter on civil enforcement of agency action.(5) Subpoenas issued under this section may be enforced under RCW 34.05.588(1).(6) The subpoena powers created by this section shall be statewide in effect.(7) Witnesses in an adjudicatory proceeding shall be paid the same fees and allowances, in the same manner and under the same conditions, as provided for witnesses in the courts of this state by chapter 2.40 RCW and by RCW 5.56.010, except that the agency shall have the power to 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 of a subpoena shall pay the fees and allowances and the cost of producing records required to be produced by subpoena.[ 1989 c 175 § 17; 1988 c 288 § 413; 1967 c 237 § 10. Formerly RCW 34.04.105.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.449 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.449 - Procedure at hearing.

RCW 34.05.449 Procedure at hearing.(1) The presiding officer shall regulate the course of the proceedings, in conformity with applicable rules and the prehearing order, if any.(2) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.(3) In the discretion of the presiding officer, and where the rights of the parties will not be prejudiced thereby, all or part of the hearing may be conducted by telephone, television, or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and, if technically and economically feasible, to see the entire proceeding while it is taking place.(4) The presiding officer shall cause the hearing to be recorded by a method chosen by the agency. The agency is not required, at its expense, to prepare a transcript, unless required to do so by a provision of law. Any party, at the party's expense, may cause a reporter approved by the agency to prepare a transcript from the agency's record, or cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption.(5) The hearing is open to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure or under a protective order entered by the presiding officer pursuant to applicable rules. A presiding officer may order the exclusion of witnesses upon a showing of good cause. To the extent that the hearing is conducted by telephone, television, or other electronic means, and is not closed, the availability of public observation is satisfied by giving members of the public an opportunity, at reasonable times, to hear or inspect the agency's record, and to inspect any transcript obtained by the agency.[ 1989 c 175 § 18; 1988 c 288 § 414.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.452 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.452 - Rules of evidence—Cross-examination.

RCW 34.05.452 Rules of evidence—Cross-examination.(1) Evidence, including hearsay evidence, is admissible if in the judgment of the presiding officer it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The presiding officer shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may exclude evidence that is irrelevant, immaterial, or unduly repetitious.(2) If not inconsistent with subsection (1) of this section, the presiding officer shall refer to the Washington Rules of Evidence as guidelines for evidentiary rulings.(3) All testimony of parties and witnesses shall be made under oath or affirmation.(4) Documentary evidence may be received in the form of copies 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 the United 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, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded 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 of the material to be noticed.[ 1988 c 288 § 415; 1959 c 234 § 10. Formerly RCW 34.04.100.]
WA Rev Code § 34.05.458 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.458 - Separation of functions.

RCW 34.05.458 Separation of functions.(1) 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 the authority, direction, or discretion of such a person, may not serve as a presiding officer in the same proceeding.(2) A person, including an agency head, who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as presiding officer 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 presiding officer at successive stages of the same adjudicative proceeding unless a party demonstrates grounds for disqualification in accordance with RCW 34.05.425.[ 1988 c 288 § 417.]
WA Rev Code § 34.05.464 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.464 - Review of initial orders.

RCW 34.05.464 Review of initial orders.(1) As authorized by law, an agency may by rule provide that initial orders in specified classes of cases may become final without further agency action unless, within a specified period, (a) the agency head upon its own motion determines that the initial order should be reviewed, or (b) a party to the proceedings files a petition for administrative review of the initial order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.(2) As authorized by law, an agency head may appoint a person to review initial orders and to prepare and enter final agency orders.(3) RCW 34.05.425 and 34.05.455 apply to any person reviewing an initial order on behalf of an agency as part of the decision process, and to persons communicating with them, to the same extent that it is applicable to presiding officers.(4) The officer reviewing the initial order (including the agency head reviewing an initial order) is, for the purposes of this chapter, termed the reviewing officer. The reviewing officer shall exercise all the decision-making power that the reviewing officer would have had to decide and enter the final order had the reviewing officer presided over the hearing, except to the extent that the issues subject to review are limited by a provision of law or by the reviewing officer upon notice to all the parties. In reviewing findings of fact by presiding officers, the reviewing officers shall 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 of it as may be cited by the parties.(6) The reviewing officer shall afford each party an opportunity to present written argument and may afford each party an opportunity to present oral argument.(7) The reviewing officer shall enter a final order disposing of the proceeding or remand the matter for further proceedings, with instructions to the presiding officer who entered the initial order. Upon remanding a matter, the reviewing officer shall order such temporary relief as 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 officer shall cause copies of the final order or order remanding the matter for further proceedings to be served upon each party.[ 1989 c 175 § 20; 1988 c 288 § 419.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.