Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart C - Abbreviated and Specialized Forms of Adjudicative Proceedings › Section 480-07-620 - Emergency adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
When permitted.
The commission may conduct an emergency
				  adjudicative proceeding pursuant to
				  RCW
				  34.05.479 in any situation involving an
				  immediate danger to the public health, safety, or welfare requiring immediate
				  commission action within the commission's jurisdiction.
(2)
Complaint.
If time permits,
				  the commission or a complainant must prepare a complaint and serve it on the
				  respondent using a method that best provides actual notice of the
				  adjudication.
(3)
Who
				  presides.
The commissioners will sit as presiding officers, hear the
				  matter, and enter an order if a majority of the commissioners are available.
				  Any available commissioner will sit as presiding officer, hear the matter, and
				  enter an initial order if a majority of the commissioners is not available. The
				  director of the commission's administrative law division will assign an
				  administrative law judge either to sit as a presiding officer with the
				  commissioner(s), or if no commissioner is available, to preside alone, hear the
				  matter, and enter an initial order.
(4)
Record and decision.
The
				  official record will include any written submissions of the parties, any
				  testimony or oral comments by the parties the presiding officer allows, and any
				  other documents regarding the matter that the commission considers. The
				  commission's record need not constitute the exclusive basis for action unless
				  otherwise required by law.
(5)
Emergency order.
The commission will 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. The presiding
				  officer will enter an emergency order as soon as practicable under the
				  circumstances. The order will include a brief statement of findings of fact,
				  conclusions of law, and justification for the determination of an immediate
				  danger to the public health, safety, or welfare. The order is effective when
				  entered.
(6)
Post-order
				  process.
After entering an emergency order under this section, the
				  commission will proceed as quickly as feasible to complete any proceedings that
				  would be required if the matter did not involve an immediate danger to the
				  public health, safety, or welfare, and will enter a final order.
(7)
Review or reconsideration of
				  emergency order.
Any party to an emergency adjudicative proceeding may
				  seek immediate review by the full commission in the case of any order entered
				  by a single commissioner or by an administrative law judge. In the case of any
				  order entered by a majority of the commissioners, any party may seek
				  reconsideration. If a party requests review or reconsideration, the commission
				  will establish appropriate process to complete its review or reconsideration
				  within ten business days of the date of any petition for review or
				  reconsideration. A party seeking review or reconsideration is not automatically
				  entitled to a stay of the emergency order.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 06-16-053 (Docket
						A-050802, General Order R-536), § 480-07-620, filed 7/27/06, effective
						8/27/06; 03-24-028 (General Order R-510, Docket No. A-010648), §
						480-07-620, filed 11/24/03, effective
						1/1/04.