reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.315 - Rule-making docket.

RCW 34.05.315
Rule-making docket.
(1) Each agency shall maintain a current public rule-making docket. The rule-making docket shall contain the information specified in subsection (3) of this section.
(2) The rule-making docket shall contain a listing of each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced by publication of a notice of proposed rule adoption under RCW 34.05.320 until the proposed rule is withdrawn under RCW 34.05.335 or is adopted by the agency.
(3) For each rule-making proceeding, the docket shall indicate all of the following:
(a) The name and address of agency personnel responsible for the proposed rule;
(b) The subject of the proposed rule;
(c) A citation to all notices relating to the proceeding that have been published in the state register under RCW 34.05.320;
(d) The place where written submissions about the proposed rule may be inspected;
(e) The time during which written submissions will be accepted;
(f) The current timetable established for the agency proceeding, including the time and place of any rule-making hearing, the date of the rule's adoption, filing, publication, and its effective date.
[ 1989 c 175 § 6; 1988 c 288 § 302.]
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. › 34.05.322 - Scope of rule-making authority.

RCW 34.05.322
Scope of rule-making authority.
For rules implementing statutes enacted after July 23, 1995, an agency may not rely solely on the section of law stating a statute's intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency may use the statement of intent or purpose or the agency enabling provisions to interpret ambiguities in a statute's other provisions.
[ 1995 c 403 § 118.]
NOTES:
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. › 34.05.335 - Withdrawal of proposal—Time and manner of adoption.

RCW 34.05.335
Withdrawal of proposal—Time and manner of adoption.
(1) A proposed rule may be withdrawn by the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in accordance with RCW 34.05.320.
(2) Before adopting a rule, an agency shall consider the written and oral submissions, or any memorandum summarizing oral submissions.
(3) Rules not adopted and filed with the code reviser within one hundred eighty days after publication of the text as last proposed in the register shall be regarded as withdrawn. An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320. The code reviser shall give notice of the withdrawal in the register.
(4) An agency may not adopt a rule before the time established in the published notice, or such later time established on the record or by publication in the state register.
[ 1989 c 175 § 8; 1988 c 288 § 306; 1980 c 186 § 11. Formerly RCW 34.04.048.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1980 c 186: See note following RCW 34.05.320.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.340 - Variance between proposed and final rule.

RCW 34.05.340
Variance between proposed and final rule.
(1) Unless it complies with subsection (3) of this section, an agency may not adopt a rule that is substantially different from the rule proposed in the published notice of proposed rule adoption or a supplemental notice in the proceeding. If an agency contemplates making a substantial variance from a proposed rule described in a published notice, it may file a supplemental notice with the code reviser meeting the requirements of RCW 34.05.320 and reopen the proceedings for public comment on the proposed variance, or the agency may withdraw the proposed rule and commence a new rule-making proceeding to adopt a substantially different rule. If a new rule-making proceeding is commenced, relevant public comment received regarding the initial proposed rule shall be considered in the new proceeding.
(2) The following factors shall be considered in determining whether an adopted rule is substantially different from the proposed rule on which it is based:
(a) The extent to which a reasonable person affected by the adopted rule would have understood that the published proposed rule would affect his or her interests;
(b) The extent to which the subject of the adopted rule or the issues determined in it are substantially different from the subject or issues involved in the published proposed rule; and
(c) The extent to which the effects of the adopted rule differ from the effects of the published proposed rule.
(3) If the agency, without filing a supplemental notice under subsection (1) of this section, adopts a rule that varies in content from the proposed rule, the general subject matter of the adopted rule must remain the same as the proposed rule. The agency shall briefly describe any changes, other than editing changes, and the principal reasons for adopting the changes. The brief description shall be filed with the code reviser together with the order of adoption for publication in the state register. Within sixty days of publication of the adopted rule in the state register, any interested person may petition the agency to amend any portion of the adopted rule that is substantially different from the proposed rule. The petition shall briefly demonstrate how the adopted rule is substantially different from the proposed rule and shall contain the text of the petitioner's proposed amendment. For purposes of the petition, an adopted rule is substantially different if the issues determined in the adopted rule differ from the issues determined in the proposed rule or the anticipated effects of the adopted rule differ from those of the proposed rule. If the petition meets the requirements of this subsection and RCW 34.05.330, the agency shall initiate rule-making proceedings upon the proposed amendments within the time provided in RCW 34.05.330.
[ 1989 c 175 § 9; 1988 c 288 § 307.]
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. › 34.05.345 - Failure to give twenty days notice of intended action—Effect.

RCW 34.05.345
Failure to give twenty days notice of intended action—Effect.
Except for emergency rules adopted under RCW 34.05.350, when twenty days notice of intended action to adopt, amend, or repeal a rule has not been published in the state register, as required by RCW 34.05.320, the code reviser shall not publish such rule and such rule shall not be effective for any purpose.
[ 1988 c 288 § 308; 1967 c 237 § 4. Formerly RCW 34.04.027.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.360 - Order adopting rule, contents.

RCW 34.05.360
Order adopting rule, contents.
The order of adoption by which each rule is adopted by an agency shall contain all of the following:
(1) The date the agency adopted the rule;
(2) A concise statement of the purpose of the rule;
(3) A reference to all rules repealed, amended, or suspended by the rule;
(4) A reference to the specific statutory or other authority authorizing adoption of the rule;
(5) Any findings required by any provision of law as a precondition to adoption or effectiveness of the rule; and
(6) The effective date of the rule if other than that specified in RCW 34.05.380(2).
[ 1988 c 288 § 311.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.362 - Postadoption notice.

RCW 34.05.362
Postadoption notice.
Either before or within two hundred days after the effective date of an adopted rule that imposes additional requirements on businesses the violation of which subjects the business to a penalty, assessment, or administrative sanction, an agency identified in RCW 34.05.220(6) shall notify businesses affected by the rule of the requirements of the rule and how to obtain technical assistance to comply. Notification must be provided by email, if possible, to every person identified to receive the postadoption notice under RCW 34.05.220(6).
The notification must announce the rule change, briefly summarize the rule change, refer to appeal procedures under RCW 34.05.330, and include a contact for more information. Failure to notify a specific business under this section does not invalidate a rule or waive the requirement to comply with the rule. The requirements of this section do not apply to emergency rules adopted under RCW 34.05.350.
[ 2003 c 246 § 3.]
NOTES:
Finding—2003 c 246: "The legislature finds that many businesses in the state are frustrated by the complexity of the regulatory system. The Washington Administrative Code containing agency rules now fills twelve volumes, and appears to be growing each year. While the vast majority of businesses make a good faith attempt to comply with applicable laws and rules, many find it extremely difficult to keep up with agencies' issuance of new rules and requirements. Therefore, state agencies are directed to make a good faith attempt to notify businesses affected by rule changes that may subject noncomplying businesses to penalties." [ 2003 c 246 § 1.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.365 - Incorporation by reference.

RCW 34.05.365
Incorporation by reference.
An agency may incorporate by reference and without publishing the incorporated matter in full, all or any part of a code, standard, rule, or regulation that has been adopted by an agency of the United States, of this state, or of another state, by a political subdivision of this state, or by a generally recognized organization or association if incorporation of the full text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in agency rules shall fully identify the incorporated matter. An agency may incorporate by reference such matter in its rules only if the agency, organization, or association originally issuing that matter makes copies readily available to the public. The incorporating agency shall have, maintain, and make available for public inspection a copy of the incorporated matter. The rule must state where copies of the incorporated matter are available.
[ 1988 c 288 § 312.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.370 - Rule-making file.

RCW 34.05.370
Rule-making file.
(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.
(2) The agency rule-making file shall contain all of the following:
(a) A list of citations to all notices in the state register with respect to the rule or the proceeding upon which the rule is based;
(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;
(f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;
(g) The concise explanatory statement required by RCW 34.05.325(6); and
(h) Any other material placed in the file by the agency.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.
(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.
[ 1998 c 280 § 7; 1996 c 102 § 2; 1995 c 403 § 801; 1994 c 249 § 2; 1988 c 288 § 313.]
NOTES:
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Severability—Application—1994 c 249: See notes following RCW 34.05.310.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.375 - Substantial compliance with procedures.

RCW 34.05.375
Substantial compliance with procedures.
No rule proposed after July 1, 1989, is valid unless it is adopted in substantial compliance with RCW 34.05.310 through 34.05.395. Inadvertent failure to mail notice of a proposed rule adoption to any person as required by RCW 34.05.320(3) does not invalidate a rule. No action based upon this section may be maintained to contest the validity of any rule unless it is commenced within two years after the effective date of the rule.
[ 1988 c 288 § 314.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.380 - Filing with code reviser—Written record—Effective dates.

RCW 34.05.380
Filing with code reviser—Written record—Effective dates.
(1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission. The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent written record of filed rules open to public inspection. In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.
(2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption. All other rules become effective upon the expiration of thirty days after the date of filing, unless a later date is required by statute or specified in the order of adoption.
(3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:
(a) Such action is required by the state or federal Constitution, a statute, or court order;
(b) The rule only delays the effective date of another rule that is not yet effective; or
(c) The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare.
The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.
(4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.
[ 2007 c 456 § 5; 1989 c 175 § 11; 1988 c 288 § 315; 1987 c 505 § 17; 1980 c 87 § 11; 1959 c 234 § 4. Formerly RCW 34.04.040.]
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. › 34.05.385 - Rules for rule making.

RCW 34.05.385
Rules for rule making.
The code reviser may adopt rules for carrying out the provisions of this chapter relating to the filing and publication of rules and notices of intention to adopt rules, including the form and style to be employed by the various agencies in the drafting of such rules and notices.
[ 1988 c 288 § 316; 1967 c 237 § 13. Formerly RCW 34.04.055.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.390 - Style, format, and numbering—Agency compliance.

RCW 34.05.390
Style, format, and numbering—Agency compliance.
After the rules of an agency have been published by the code reviser:
(1) All agency orders amending or rescinding such rules, or creating new rules, shall be formulated in accordance with the style, format, and numbering system of the Washington Administrative Code;
(2) Any subsequent printing or reprinting of such rules shall be printed in the style and format (including the numbering system) of such code; and
(3) Amendments of previously adopted rules shall incorporate any editorial corrections made by the code reviser.
[ 1988 c 288 § 317; 1967 c 237 § 14. Formerly RCW 34.04.057.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.395 - Format and style of amendatory and new sections—Failure to comply.

RCW 34.05.395
Format and style of amendatory and new sections—Failure to comply.
(1) Rules proposed or adopted by an agency pursuant to this chapter that amend existing sections of the administrative code shall have the words which are amendatory to such existing sections underlined. Any matter to be deleted from an existing section shall be indicated by setting such matter forth in full, enclosed by double parentheses, and such deleted matter shall be lined out with hyphens. A new section shall be designated "NEW SECTION" in upper case type and such designation shall be underlined, but the complete text of the section shall not be underlined. No rule may be forwarded by any agency to the code reviser, nor may the code reviser accept for filing any rule unless the format of such rule is in compliance with the provisions of this section.
(2) Once the rule has been formally adopted by the agency the code reviser need not, except with regard to the register published pursuant to RCW 34.05.210(3), include the items enumerated in subsection (1) of this section in the official code.
(3) Any addition to or deletion from an existing code section not filed by the agency in the style prescribed by subsection (1) of this section shall in all respects be ineffectual, and shall not be shown in subsequent publications or codifications of that section unless the ineffectual portion of the rule is clearly distinguished and an explanatory note is appended thereto by the code reviser in accordance with RCW 34.05.210.
[ 1988 c 288 § 318; 1980 c 186 § 14; 1977 c 19 § 1. Formerly RCW 34.04.058.]
NOTES:
Severability—1980 c 186: See note following RCW 34.05.320.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.410 - Application of Part IV.

RCW 34.05.410
Application of Part IV.
(1) Adjudicative proceedings are governed by RCW 34.05.413 through 34.05.476, except as otherwise provided:
(a) By a rule that adopts the procedures for brief adjudicative proceedings in accordance with the standards provided in RCW 34.05.482 for those proceedings;
(b) By RCW 34.05.479 pertaining to emergency adjudicative proceedings; or
(c) By RCW 34.05.240 pertaining to declaratory proceedings.
(2) RCW 34.05.410 through 34.05.494 do not apply to rule-making proceedings unless another statute expressly so requires.
[ 1988 c 288 § 401.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.413 - Commencement—When required.

RCW 34.05.413
Commencement—When required.
(1) Within the scope of its authority, an agency may commence an adjudicative proceeding at any time with respect to a matter within the agency's jurisdiction.
(2) When required by law or constitutional right, and upon the timely application of any person, an agency shall commence an adjudicative proceeding.
(3) An agency may provide forms for and, by rule, may provide procedures for filing an application for an adjudicative proceeding. An agency may require by rule that an application be in writing and that it be filed at a specific address, in a specified manner, and within specified time limits. The agency shall allow at least twenty days to apply for an adjudicative proceeding from the time notice is given of the opportunity to file such an application.
(4) If an agency is required to hold an adjudicative proceeding, an application for an agency to enter an order includes an application for the agency to conduct appropriate adjudicative proceedings, whether or not the applicant expressly requests those proceedings.
(5) An adjudicative proceeding commences when the agency or a presiding officer notifies a party that a prehearing conference, hearing, or other stage of an adjudicative proceeding will be conducted.
[ 1989 c 175 § 12; 1988 c 288 § 402.]
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. › 34.05.416 - Decision not to conduct an adjudication.

RCW 34.05.416
Decision not to conduct an adjudication.
If an agency decides not to conduct an adjudicative proceeding in response to an application, the agency shall furnish the applicant a copy of its decision in writing, with a brief statement of the agency's reasons and of any administrative review available to the applicant.
[ 1988 c 288 § 403.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.419 - Agency action on applications for adjudication.

RCW 34.05.419
Agency action on applications for adjudication.
After receipt of an application for an adjudicative proceeding, other than a declaratory order, an agency shall proceed as follows:
(1) Except in situations governed by subsection (2) or (3) of this section, within ninety days after receipt of the application or of the response to a timely request made by the agency under subsection (2) of this section, the agency shall do one of the following:
(a) Approve or deny the application, in whole or in part, on the basis of brief or emergency adjudicative proceedings, if those proceedings are available under this chapter for disposition of the matter;
(b) Commence an adjudicative proceeding in accordance with this chapter; or
(c) Dispose of the application in accordance with RCW 34.05.416;
(2) Within thirty days after receipt of the application, the agency shall examine the application, notify the applicant of any obvious errors or omissions, request any additional information the agency wishes to obtain and is permitted by law to require, and notify the applicant of the name, mailing address, and telephone number of an office that may be contacted regarding the application;
(3) If the application seeks relief that is not available when the application is filed but may be available in the future, the agency may proceed to make a determination of eligibility within the time limits provided in subsection (1) of this section. If the agency determines that the applicant is eligible, the agency shall maintain the application on the agency's list of eligible applicants as provided by law and, upon request, shall notify the applicant of the status of the application.
[ 1988 c 288 § 404.]
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.