Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-250 - Reconsideration of final order

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Motions for reconsideration are limited to cases heard under the implied
			 consent law,
			 RCW
			 46.20.308.
(2) Grounds for a petition for
			 reconsideration are limited to evidence or legal argument which are material to
			 the petitioner and were not produced at the time of the hearing, or for other
			 good and sufficient reason as determined by the hearings examiner.
(3) The petition must state with
			 particularity any new evidence or new legal argument that is proposed and why
			 it could not have been discovered using due diligence prior to the hearing. The
			 petition must specify with particularity the portions of the initial order to
			 which the petition applies.
(4) A
			 petition for reconsideration of an order shall be filed with the hearings and
			 interviews unit within ten days of the date the final order was mailed to the
			 petitioner.
(5) 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.
(6) If the petition is granted in whole or in
			 part, a new order shall be issued in the same form as the original order, and
			 shall include the designation "amended" in its title. This amended order shall
			 reference the petition for reconsideration in its preamble, which sets out what
			 the hearings examiner considered. Any amended order shall include the "findings
			 of fact and conclusions of law" from the original final order with
			 amendments.
(7) The relief granted
			 pursuant to a petition for reconsideration is limited to review of the
			 designated evidence and/or argument as identified in the petition. At the
			 hearings examiner's discretion, a supplemental hearing may be scheduled. Such a
			 petition is not grounds for a new hearing, and the record already established
			 shall remain undisturbed.
(8) A
			 petition for reconsideration does not stay the department's action on the
			 petitioner's driving privilege as ordered by the original final order. A
			 petitioner seeking a stay must file a separate petition for that purpose. The
			 hearings examiner will grant a stay only if the hearings examiner determines
			 that it is likely that the petitioner will prevail and the action be reversed
			 and that denying the stay will create irreparable harm to the petitioner. If
			 the hearings examiner grants such a petition for a stay, the hearings examiner
			 shall sign an order releasing the action and crediting any time already served,
			 and subsequently sign an order sustaining or reversing the action, as
			 determined by the amended final order. Disposition denying a stay is not
			 subject to review.
(9) An amended
			 final order shall be issued either denying reconsideration or, in the event
			 reconsideration is granted, dissolving or modifying the original final order.
			 The date of the amended final order begins the thirty-day period for the
			 petitioner to appeal the amended final order.
(10) The filing of a petition for
			 reconsideration is not a prerequisite for filing an appeal. An order denying
			 reconsideration is not subject to appeal.