reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.467 - Stay.

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 of effectiveness 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 be made 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.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.470 - Reconsideration.

RCW 34.05.470
Reconsideration.
(1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested. The place of filing 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 of the 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 of by the same person or persons who entered the order, if reasonably available. The disposition shall be in the form of a 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.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.473 - Effectiveness of orders.

RCW 34.05.473
Effectiveness of orders.
(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 of the 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 the final 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:
(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 been filed, that review will not be exercised.
(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 § 22; 1988 c 288 § 422.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.476 - Agency record.

RCW 34.05.476
Agency record.
(1) An agency shall maintain an official record of each adjudicative proceeding under this chapter.
(2) The agency record shall include:
(a) Notices of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs, petitions, requests, and intermediate rulings;
(d) Evidence received or considered;
(e) A statement of matters officially noticed;
(f) Proffers of proof and objections and rulings thereon;
(g) Proposed findings, requested orders, and exceptions;
(h) The recording prepared for the presiding officer at the hearing, together with any transcript of all or part of the hearing considered before final disposition of the proceeding;
(i) Any final order, initial order, or order on reconsideration;
(j) Staff memoranda or data submitted to the presiding officer, unless prepared and submitted by personal assistants and not inconsistent with RCW 34.05.455; and
(k) Matters placed on the record after an ex parte communication.
(3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in adjudicative proceedings under this chapter and for judicial review of adjudicative proceedings.
[ 1988 c 288 § 423.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.479 - Emergency adjudicative proceedings.

RCW 34.05.479
Emergency adjudicative proceedings.
(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 that justifies use of emergency adjudication.
(3) The agency shall enter an order, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the determination of an immediate danger and the agency's decision to take the 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 be required if the matter did not involve an immediate danger.
(6) The agency record consists of any documents regarding the matter that were considered or prepared by the agency. The agency shall maintain these documents as its official record.
(7) Unless otherwise required by a provision of law, 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.]
NOTES:
Designation of persons for emergency adjudications by utilities and transportation commission: RCW 80.01.060.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.4791 - Secure community transition facility—Proceeding concerning public safety measures.

RCW 34.05.4791
Secure community transition facility—Proceeding concerning public safety measures.
A petition brought pursuant to RCW 71.09.342(5) shall be heard under the provisions of RCW 34.05.479 except that the decision of the governor's designee shall be final and is not subject to judicial review.
[ 2002 c 68 § 10.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.482 - Brief adjudicative proceedings—Applicability.

RCW 34.05.482
Brief adjudicative proceedings—Applicability.
(1) An agency may use brief adjudicative proceedings if:
(a) The use of those proceedings in the circumstances does not violate any provision of law;
(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 of the procedures of RCW 34.05.413 through 34.05.479.
(2) Brief adjudicative proceedings are not authorized for public assistance and food stamp or benefit programs provided for in Title 74 RCW, including but not limited to public assistance as defined in *RCW 74.04.005(1).
[ 1998 c 79 § 3; 1988 c 288 § 425.]
NOTES:
*Reviser's note: RCW 74.04.005 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (1) to subsection (11).
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.485 - Brief adjudicative proceedings—Procedure.

RCW 34.05.485
Brief adjudicative proceedings—Procedure.
(1) If not specifically prohibited by law, the following persons may be designated as the presiding officer of a brief adjudicative proceeding:
(a) The agency head;
(b) One or more members of the agency head;
(c) One or more administrative law judges; or
(d) One or more other persons designated by the agency head.
(2) Before taking action, the presiding officer shall give each party an opportunity to be informed of the agency's view of the matter and to explain the party's view of the 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 brief written statement of the reasons for the decision and information about any internal administrative review available.
(4) The brief written statement is an initial order. If no review is taken of the 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; 1988 c 288 § 426.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.488 - Brief proceedings—Administrative review—Applicability.

RCW 34.05.488
Brief proceedings—Administrative review—Applicability.
Unless prohibited by any provision of law, an agency, on its own motion, may conduct administrative review of an order resulting from brief adjudicative proceedings. An agency shall conduct this review upon the written or oral request of a party if the agency receives the request within twenty-one days after service of the written statement required by RCW 34.05.485(3).
[ 1989 c 175 § 24; 1988 c 288 § 427.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.491 - Brief proceedings—Administrative review—Procedures.

RCW 34.05.491
Brief proceedings—Administrative review—Procedures.
Unless otherwise provided by statute:
(1) If the parties have not requested review, the agency may review an order resulting from a brief adjudicative 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 matter.
(2) The reviewing officer may be any person who could have presided at the brief proceeding, but the reviewing officer must be one who is authorized to grant appropriate relief upon 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, must include a brief statement of the reasons for the decision, and must be entered within twenty days after the date of the initial order or of the request for review, whichever is later. The order shall include a description of any further available administrative review or, if none is available, a notice that judicial review may be available.
(5) A request for administrative review is deemed to have been denied if the agency does not make a disposition of the matter within twenty days after the request is submitted.
[ 1988 c 288 § 428.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.494 - Agency record in brief proceedings.

RCW 34.05.494
Agency record in brief proceedings.
(1) The agency record consists of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative 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 brief adjudicative proceedings.
[ 1988 c 288 § 429.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.510 - Relationship between this chapter and other judicial review authority.

RCW 34.05.510
Relationship between this chapter and other judicial review authority.
This chapter establishes the exclusive means of judicial review of agency action, except:
(1) 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, and other relief 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 or jury trial review of agency action is expressly authorized by provision of law.
[ 1988 c 288 § 501.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.514 - Petition for review—Where filed.

RCW 34.05.514
Petition for review—Where filed.
(1) Except as provided in subsections (2) through (4) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and 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 an institution's campus if the action involves such campus.
(3) For proceedings conducted by the pollution control hearings board pursuant to chapter 43.21B RCW or as otherwise provided in RCW 90.03.210(2) involving decisions of the department of ecology on applications for changes or transfers of water rights that are the subject of a general adjudication of water rights that is being litigated actively under chapter 90.03 or 90.44 RCW, the petition must be filed with the superior court conducting the adjudication, to be consolidated by the court with the general adjudication. A party to the adjudication shall be a party to the appeal under this chapter only if the party files or is served with a petition for review to the extent required by this chapter.
(4) For proceedings involving appeals of examinations or evaluation exercises of the board of pilotage commissioners under chapter 88.16 RCW, the petition must be filed either in Thurston county or in the county in which the board maintains its principal office.
[ 2017 c 52 § 12; 2008 c 128 § 16; 2001 c 220 § 3. Prior: 1995 c 347 § 113; 1995 c 292 § 9; 1994 c 257 § 23; 1988 c 288 § 502.]
NOTES:
Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.522 - Refusal of review by court of appeals.

RCW 34.05.522
Refusal of review by court of appeals. (Effective until July 1, 2026.)
The court of appeals may refuse to accept direct review of a case pursuant to RCW 34.05.518 if it finds that the case does not meet the applicable standard in RCW 34.05.518. The refusal to accept such review is not subject to further appellate review, notwithstanding anything in Rule 13.3 of the Rules of Appellate Procedure to the contrary.
[ 2021 c 305 § 3; 1995 c 382 § 6; 1988 c 288 § 504; 1980 c 76 § 2. Formerly RCW 34.04.135.]
NOTES:
Expiration date—2021 c 305 §§ 2 and 3: See note following RCW 34.05.518.
Effective date—2021 c 305: See note following RCW 36.70C.150.
The court of appeals may refuse to accept direct review of a case pursuant to RCW 34.05.518 if it finds that the case does not meet the applicable standard in RCW 34.05.518 (2) or (5). The refusal to accept such review is not subject to further appellate review, notwithstanding anything in Rule 13.3 of the Rules of Appellate Procedure to the contrary.
[ 2021 c 305 § 6; 1995 c 382 § 6; 1988 c 288 § 504; 1980 c 76 § 2. Formerly RCW 34.04.135.]
NOTES:
Effective date—2021 c 305 §§ 5 and 6: See note following RCW 34.05.518.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.526 - Appellate review by supreme court or court of appeals.

RCW 34.05.526
Appellate review by supreme court or court of appeals.
An aggrieved party may secure appellate review of any final judgment of the 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 of superior court decisions in other civil cases.
[ 1988 c 288 § 505; 1988 c 202 § 35; 1971 c 81 § 87; 1959 c 234 § 14. Formerly RCW 34.04.140.]
NOTES:
Reviser's note: This section was amended by 1988 c 202 § 35, effective June 9, 1988, and by 1988 c 288 § 505, effective July 1, 1989, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.530 - Standing.

RCW 34.05.530
Standing.
A person has standing to obtain judicial review of agency action if that person is aggrieved or adversely affected by the agency action. A person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present:
(1) The agency action has prejudiced or is likely to prejudice that person;
(2) That person's asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and
(3) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the agency action.
[ 1988 c 288 § 506.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.534 - Exhaustion of administrative remedies.

RCW 34.05.534
Exhaustion of administrative remedies.
A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the agency whose action is being challenged, or available within any other agency authorized to exercise administrative review, except:
(1) A petitioner for judicial review of a rule need not have participated in the rule-making proceeding upon which that rule is based, have petitioned for its amendment or repeal, have petitioned the joint administrative rules review committee for its review, or have appealed a petition for amendment or repeal to the governor;
(2) A petitioner for judicial review need not exhaust administrative remedies to the extent that this chapter or any other statute states that exhaustion is not required; or
(3) The court may relieve a petitioner of the requirement to exhaust any or all administrative remedies upon a showing that:
(a) The remedies would be patently inadequate;
(b) The exhaustion of remedies would be futile; or
(c) The grave irreparable harm that would result from having to exhaust administrative remedies would clearly outweigh the public policy requiring exhaustion of administrative remedies.
[ 1997 c 409 § 302; 1995 c 403 § 803; 1988 c 288 § 507.]
NOTES:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.542 - Time for filing petition for review.

RCW 34.05.542
Time for filing petition for review.
Subject to other requirements of this chapter or of another statute:
(1) A petition for judicial review of a 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 attorney general, and all parties of record within thirty days after service of the final order.
(3) A petition for judicial 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 the agency action, but the time 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 obtain judicial review under this chapter.
(4) Service of the petition on the agency shall be by delivery of a copy of the petition to the office of the director, or other chief administrative officer or chairperson of the agency, at the principal office of the agency. Service of a copy by mail upon the other parties of record and the office of the attorney general shall be deemed complete upon deposit in the United States mail, as evidenced by the postmark.
(5) Failure to timely serve a petition on the office of the attorney general is not grounds for dismissal of the petition.
(6) For purposes of this section, service upon the attorney of record of any agency or party of record constitutes service upon the agency or party of record.
[ 1998 c 186 § 1; 1988 c 288 § 509.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.