Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-102 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
					 chapter unless the context clearly requires otherwise.
(1) "Adjudicative clerk's office" means the
				  unit with responsibility for: Docketing; service of orders; and maintaining
				  custody of the adjudicative proceeding record, whose address is:
Department of Health
Adjudicative Clerk's Office
P.O. Box 47879
Olympia, WA 98504-7879
(2) "Adjudicative proceeding" or "hearing"
				  means a proceeding required by statute or constitutional right and conducted
				  under the rules of this chapter, which provides an opportunity to be heard by
				  the department prior to the entry of a order under this chapter.
(3) "Adjudicative service unit" means the
				  unit responsible for conducting adjudicative proceedings.
(4) "Brief adjudicative proceeding" means an
				  adjudicative proceeding or hearing, the scope or conduct of which is limited as
				  provided in this chapter.
(5)
				  "Department" means the Washington state department of health and, where
				  appropriate, the secretary of the Washington state department of health or the
				  secretary's designee.
(6) "Docket"
				  or "docketing" means the list or calendar of causes set to be heard at a
				  specified time, prepared by the adjudicative clerk's office for the use of the
				  department.
(7) "Filing" means
				  receipt by the adjudicative clerk's office.
(8) "Initiating document" means a written
				  agency document which initiates action and which creates the right to an
				  adjudicative proceeding. Initiating documents may be a statement of charges,
				  notice of intent to deny, order, or any other document indicating the action or
				  proposed action to be taken.
(9)
				  "License" has the same meaning as defined in
				  RCW
				     34.05.010, and includes any license,
				  certification, registration, permit, approval, or any similar form of
				  authorization required by law to be obtained from the department.
(10) "Presiding officer" means the person who
				  is assigned to conduct an adjudicative proceeding. The presiding officer may be
				  an employee of the department who is authorized to issue an initial or final
				  decision as designee of the secretary, or an administrative law judge employed
				  by the office of administrative hearings.
(11) "Presiding officer for brief
				  adjudicative proceedings" means an employee of the department who is authorized
				  to conduct brief adjudicative proceedings.
(12) "Program" means the administrative unit
				  within the department responsible for implementation of a particular agency
				  responsibility, statute, or rule.
(13) "Prompt adjudicative proceeding" means a
				  hearing conducted at the request of the respondent following summary action
				  taken in accord with this chapter.
(14) "Protective order" means an order issued
				  under this chapter which limits the use of, access to, or disclosure of
				  information or evidence.
(15)
				  "Recipient of benefits" means an individual who has qualified for benefits
				  administered by the department.
(16) "Respondent" means a person eligible to
				  request an adjudicative proceeding in a program under the jurisdiction of the
				  department who is named in an initiating document.
(17) "Review officer" means the person who is
				  designated to issue final orders upon receiving a petition for review of an
				  initial order pursuant to
				  RCW
				     34.05.464, and final orders of default when
				  the respondent has failed to timely respond to an initiating
				  document.
(18) "Secretary" means
				  the secretary of the department of health or his or her designee.
(19) "Show cause hearing" means a hearing
				  authorized under
				  RCW
				     18.130.135 and WAC
				  246-10-307 for
				  the limited purpose of determining whether a summary action taken by the
				  disciplining authority shall remain in effect pending a full administrative
				  hearing.
(20) "Summary action"
				  means an agency action to address an immediate threat to the public health,
				  safety, or welfare and shall include, but is not limited to, a cease and desist
				  order, an order of summary suspension, or an order of summary restriction of a
				  license.
Statutory Authority:
						RCW
						   18.130.135 and
						43.70.040. 09-03-089, §
						246-10-102, filed 1/20/09, effective 2/20/09. Statutory Authority:
						RCW
						   18.155.040. 97-12-089, § 246-10-102,
						filed 6/4/97, effective 7/5/97. Statutory Authority:
						RCW
						   43.70.040. 94-04-079, § 246-10-102,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-102,
						filed 6/3/93, effective 7/4/93.