reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 467 - Traffic Safety Commission › Chapter 467-02 - Public access to information and records › Section 467-02-090 - Inspection and copying cost

Current through Register Vol. 24-14, July 15, 2024
(1) No fee shall
					be charged for inspection of public records.
(2) Pursuant to RCW   42.56.120(2), as amended
					by section 3, chapter 304, Laws of 2017, the Washington traffic safety
					commission declares for the following reasons that it would be unduly
					burdensome for it to calculate the actual costs it charges for providing copies
					of public records: Funds were not allocated for performing a study to calculate
					such actual costs and the agency lacks the necessary funds to perform a study
					and calculations; staff resources are insufficient to perform a study and to
					calculate such actual costs; and a study would interfere with and disrupt other
					essential agency functions.
(3) The
					Washington traffic safety commission may charge fees for production of copies
					of public records consistent with the fee schedule established in RCW
					  42.56.120, as amended by section 3, chapter 304, Laws of 2017.
Order 1, §
										467-02-090, filed 4/11/77.
Washington Administrative Code › Title 467 - Traffic Safety Commission › Chapter 467-02 - Public access to information and records › Section 467-02-110 - Denial of request

Current through Register Vol. 24-14, July 15, 2024
Each denial of a request for a public record shall be accompanied by a written statement to the person requesting the record clearly specifying the reasons for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld. Such statement shall be sufficiently clear and complete to permit the director or his or her designee to review the denial in accordance with WAC 467-02-120.
Order 1, §
										467-02-110, filed 4/11/77.
Washington Administrative Code › Title 467 - Traffic Safety Commission › Chapter 467-02 - Public access to information and records › Section 467-02-120 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a
					request for a public record may petition the public records officer for prompt
					review of such decision by tendering a written request for review. The written
					request shall specifically refer to the written statement by the public records
					officer or other staff member which constituted or accompanied the
					denial.
(2) After receiving a
					written request for review of a decision denying a public record, if the public
					records officer determines to affirm the denial, such decision shall constitute
					final agency action. In any case, the request shall be returned with a final
					decision, within two business days following receipt of the petition for
					review.
(3) Administrative remedies
					shall not be considered exhausted until the public records officer has returned
					the petition with a decision or until the close of the second business day
					following denial of inspection, whichever first occurs.
Statutory Authority: RCW  43.59.040. 91-23-101, §
										467-02-120, filed 11/20/91, effective 12/21/91; Order 1, §
										467-02-120, filed 4/11/77.
Washington Administrative Code › Title 467 - Traffic Safety Commission › Chapter 467-02 - Public access to information and records › Section 467-02-130 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The
					commission has available to all persons at its offices in Olympia a current
					index which provides identifying information as to the following records
					issued, adopted or promulgated by the commission:
(a) Minutes of commission meetings;
(b) Those statements of policy and
					interpretations of policy, statute and the constitution which have been adopted
					by the commission;
(c)
					Administrative staff manuals and instructions to staff that affect a member of
					the public;
(d) Planning policies
					and goals, and interim and final planning decisions;
(e) Factual staff reports and studies,
					factual consultant's reports and studies, scientific reports and studies, and
					any other factual information derived from tests, studies, reports or surveys,
					whether conducted by public employees or others.
Washington Administrative Code › Title 467 - Traffic Safety Commission › Chapter 467-02 - Public access to information and records › Section 467-02-140 - Availability

Current through Register Vol. 24-14, July 15, 2024
The current index promulgated by the commission shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.
Order 1, §
										467-02-140, filed 4/11/77.
Washington Administrative Code › Title 467 - Traffic Safety Commission › Chapter 467-03 - Pedestrian bicycle safety equipment rules › Section 467-03-010 - Pedestrian bicycle safety equipment rules

Current through Register Vol. 24-14, July 15, 2024
High-visibility protective vests, traffic control flags,
						warning signs, and other equipment are designed to increase the visibility of
						persons assisting pedestrians and bicycles at crosswalks, including school and
						playground zones. This equipment will be in compliance with the most current
						American National Standards Institute/International Safety Equipment
						Association (ANSI/ISEA) 107 standard for high visibility safety apparel and
						accessories.
The Washington traffic safety commission may furnish this
						equipment to schools and other users through grants from the school zone safety
						account as provided by RCW   46.61.440(5).
The use of uniforms and equipment designated for use by school
						patrols, pursuant to WAC 392-151-090 (Standard uniforms) and WAC 392-151-095 (Equipment), by persons assisting pedestrians and bicyclists in school and
						playground zones, will also be deemed in compliance with this
						rule.
Statutory Authority: RCW 34.59.070 and 
											43.59.150. 01-22-011, §
										467-03-010, filed 10/26/01, effective 11/26/01.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide rules for the
				Washington state department of transportation (the department), and the
				Washington state transportation commission (the commission) implementing the
				provisions of chapter 42.56 RCW that relate to requests for inspection and
				copying of public records.
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-010, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-06-010, filed 12/20/78. Formerly WAC
				  252-03-010.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Commission" means the Washington state
			 transportation commission.
(2)
			 "Denial" means the department withheld a record in part or in its entirety
			 based on a statutory or other legal exemption.
(3) "Department" means the Washington state
			 department of transportation.
(4)
			 "Disclosure" means the existence of a record is revealed to a requestor in
			 response to a PRA request, regardless of whether it is produced.
(5) "Production" means disclosed records are
			 produced (made available for inspection and copying).
(6) "Public Records Act" or "PRA" means
			 chapter 42.56 RCW.
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-020, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-06-020, filed 12/20/78. Formerly WAC
				  252-03-020.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-030, filed 7/29/08, effective 8/29/08. Statutory Authority: Chapter
				  42.17 RCW and
				  RCW
				   47.01.101. 96-16-004 (Order 163), §
				  468-06-030, filed 7/24/96, effective 8/24/96. Statutory Authority: RCW
				   42.17.250 through 42.17.340. 89-17-047 (Order 120), § 468-06-030, filed
				  8/14/89, effective 9/14/89; 85-23-040 (Order 97), § 468-06-030, filed
				  11/18/85. Statutory Authority: RCW  42.17.250 through 42.17.350. 81-11-035
				  (Order 62), § 468-06-030, filed 5/19/81. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-06-030, filed 12/20/78. Formerly WAC
				  252-03-025.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-040 - Organization of the department and records management and public disclosure office

Current through Register Vol. 24-14, July 15, 2024
The department is a statutorily created agency of the state of
				Washington, with headquarters, division, and regional offices. The department's
				public records office is headed by the director of the risk management and
				legal services division. Current organizational and contact information can be
				found on the records management and public disclosure web site at:
http://www.wsdot.wa.gov/Contact/PublicDisclosure
.
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-040, filed 7/29/08, effective 8/29/08. Statutory Authority:
				  RCW
				   47.01.031. 03-09-103, § 468-06-040,
				  filed 4/22/03, effective 5/23/03; 02-10-021, § 468-06-040, filed 4/23/02,
				  effective 5/24/02. Statutory Authority:
				  RCW
				   47.01.101. 99-07-013, § 468-06-040,
				  filed 3/8/99, effective 4/8/99. Statutory Authority: Chapter 42.17 RCW and
				  RCW
				   47.01.101. 96-16-004 (Order 163), §
				  468-06-040, filed 7/24/96, effective 8/24/96. Statutory Authority: RCW
				   42.17.250 through 42.17.340. 89-17-047 (Order 120), § 468-06-040, filed
				  8/14/89, effective 9/14/89; 85-23-040 (Order 97), § 468-06-040, filed
				  11/18/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and
				  Comm. Order 1, Resolution No. 13), § 468-06-040, filed 12/20/78. Formerly
				  WAC 252-03-030.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-050 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The department's public records officer is designated by the
				department as the person responsible for implementing the department's rules
				and regulations, for acknowledging receipt of public records requests, and for
				coordinating with staff statewide to identify, gather, and release public
				records in compliance with the public records disclosure requirements. The
				department's public records officer also serves as the commission's public
				records officer.
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-050, filed 7/29/08, effective 8/29/08. Statutory Authority: RCW
				   42.17.250 through 42.17.340. 89-17-047 (Order 120), § 468-06-050, filed
				  8/14/89, effective 9/14/89. Statutory Authority: RCW  42.17.250 through
				  42.17.350. 81-11-035 (Order 62), § 468-06-050, filed 5/19/81. Statutory
				  Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
				  Resolution No. 13), § 468-06-050, filed 12/20/78. Formerly WAC
				  252-03-040.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-060 - Requesting public records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Submitting a request. Requests for public records to the department or the
			 commission can be made by:
(a) Using the
			 public disclosure request center, by clicking on the link on the web site at
http://www.wsdot.wa.gov/Contact/PublicDisclosure
,
			 or going to
https://wsdot.mycusthelp.com/WEBAPP/_rs/supporthome.aspx
;
			 or
(b) Submitting a written request
			 to the department that includes:
(i) The name,
			 address, telephone number, and email address of the person requesting the
			 records;
(ii) The date and time of
			 the request;
(iii) A description of
			 the public records sought adequate for the department to identify and locate
			 all responsive records;
(iv)
			 Language stating that the request for records is intended as a public records
			 request or a similar statement placing the department on fair notice that
			 records are being sought under the PRA; and
(v) A statement indicating whether copies or
			 the records are sought or if the requestor wants to arrange to inspect records.
Requests not submitted through the public disclosure request
				center identified in (a) of this subsection can be submitted via U.S. mail,
				hand delivery, or facsimile at:
Public Records Office
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47410
Olympia, WA 98504-7410
Facsimile: 360-705-6808
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-070

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-070, filed 7/29/08, effective 8/29/08. Statutory Authority: Chapter
				  42.17 RCW and
				  RCW
				   47.01.101. 96-16-004 (Order 163), §
				  468-06-070, filed 7/24/96, effective 8/24/96. Statutory Authority: RCW
				   42.17.250 through 42.17.340. 85-23-040 (Order 97), § 468-06-070, filed
				  11/18/85. Statutory Authority: RCW  42.17.250 through 42.17.350. 81-11-035
				  (Order 62), § 468-06-070, filed 5/19/81. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-06-070, filed 12/20/78. Formerly WAC 252-03-060 and
				  252-03-990.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-080 - Processing public records requests

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Initial response. The department will provide a written response within five
			 business days of receiving a request for public records. A business day is 8:00
			 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays. Legal
			 holidays are prescribed in
			 RCW
			  1.16.050. Requests received on a Saturday,
			 Sunday, or a legal holiday, or after 5:00 p.m. on a business day, will be
			 deemed received on the next day which is neither a Saturday, Sunday, nor a
			 legal holiday.
An initial written response may:
(a) Acknowledge receipt of the request and
			 provide a reasonable estimate of the time it will take to respond.
(i) Time estimates are based on many issues
			 including the complexity of the request, clarity of the request, number of
			 documents, location of documents, determining if records are exempt, redaction
			 requirements, third-party involvement, and court processes.
(ii) The department may extend time estimates
			 when circumstances warrant.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-090 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) The following copy fees and payment
			 procedures apply to requests to the department under chapter 42.56 RCW and
			 received on or after April 12, 2019.
(2) Pursuant to
			 RCW
			  42.56.120(2)(b), the
			 department is not calculating all actual costs for copying records because to
			 do so would be unduly burdensome for the following reasons:
(a) The department does not have the
			 resources to conduct a study to determine all its actual copying
			 costs;
(b) To conduct such a study
			 would interfere with other essential agency functions; and
(c) Through the 2017 legislative process, the
			 public and requestors have commented on and been informed of authorized fees
			 and costs, including for electronic records, provided in
			 RCW  42.56.120(2)(b)
			 and (c), (3) and (4).
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-100

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-100, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-06-100, filed 12/20/78. Formerly WAC
				  252-03-090.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-110

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-110, filed 7/29/08, effective 8/29/08. Statutory Authority: RCW
				   42.17.250 through 42.17.340. 85-23-040 (Order 97), § 468-06-110, filed
				  11/18/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and
				  Comm. Order 1, Resolution No. 13), § 468-06-110, filed 12/20/78. Formerly
				  WAC 252-03-100.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-120

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-120, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-06-120, filed 12/20/78. Formerly WAC
				  252-03-110.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-125

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-125, filed 7/29/08, effective
				  8/29/08.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-130

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-130, filed 7/29/08, effective 8/29/08. Statutory Authority: RCW
				   42.17.250 through 42.17.350. 81-11-035 (Order 62), § 468-06-130, filed
				  5/19/81. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and
				  Comm. Order 1, Resolution No. 13), § 468-06-130, filed 12/20/78. Formerly
				  WAC 252-03-120.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-135

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-135, filed 7/29/08, effective
				  8/29/08.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-140 - Department index

Current through Register Vol. 24-14, July 15, 2024
The department finds that it would be unduly burdensome and
				would interfere with department operations to maintain an index of records as
				specified in
				RCW
				 42.56.070 because of the complexity and
				diversity of its operations and the resulting volume of correspondence,
				reports, studies, and other materials.
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-140, filed 7/29/08, effective 8/29/08. Statutory Authority:
				  Chapter
				  34.05 RCW. 90-23-007,
				  § 468-06-140, filed 11/9/90, effective
				  12/10/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-06 - Public access to information and records › Section 468-06-150

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 42.17,
				  42.56 RCW. 08-16-030, §
				  468-06-150, filed 7/29/08, effective
				  8/29/08.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-400 - Application of this chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all adjudicative proceedings under the
				jurisdiction of the department of transportation or the secretary of the
				department of transportation: Provided, That the rules shall not apply to
				appeals under
				RCW
				 47.28.070 and joint hearings under
				RCW
				 47.68.290.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-400, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-410 - Adoption of model rules of procedures

Current through Register Vol. 24-14, July 15, 2024
Except as they may be inconsistent with the rules in this
				chapter, the department of transportation adopts the model rules of procedures
				as set forth in chapter 10-08 WAC. Where the rules of this chapter conflict
				with those of chapter 10-08 WAC, the rules of this chapter shall govern. Where
				the rules of this chapter conflict with chapter 468-100 WAC, the rules of
				chapter 468-100 WAC shall govern. Where the rules of chapter 468-100 WAC
				conflict with chapter 10-08 WAC, the rules of chapter 468-100 WAC shall
				govern.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-410, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-420 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions set forth in this section shall apply
				throughout this chapter unless the context otherwise requires:
"Department" means the Washington state department of
				transportation.
"Secretary" means the secretary of the Washington state
				department of transportation.
Where the rules of this chapter use words defined in
				RCW
				 34.05.010, those definitions shall
				govern.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-420, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-430 - Application for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) An application for an adjudicative
			 proceeding must be filed in writing within thirty days of the action that is
			 the subject of the appeal.
(2) An
			 application for an adjudicative proceeding shall specify the issue or issues to
			 be adjudicated in the proceeding and must be signed by the applicant or the
			 applicant's representative. The signature of an applicant or the applicant's
			 representative constitutes a certificate by the applicant or applicant's
			 representative that the applicant or applicant's representative has read the
			 application; that to the best of the applicant's or applicant's
			 representative's knowledge, information, and belief, formed after reasonable
			 inquiry it is well grounded in fact and is warranted by existing law or a good
			 faith argument for the extension, modification, or reversal of existing law,
			 and that it is not interposed for any improper purpose, such as to harass or to
			 cause unnecessary delay or needless increase in the cost of adjudication. If an
			 application is not signed, it shall be stricken unless it is signed promptly
			 after the omission is called to the attention of the applicant or applicant's
			 representative. If an application is signed in violation of this rule, the
			 presiding officer, upon motion or upon its own initiative, may impose upon the
			 person who signed it, a representative party, or both, an appropriate sanction,
			 which may include dismissal of the case.
(3) An application for an adjudicative
			 proceeding shall be served by certified mail, registered mail, or personal
			 service on the Office of the Secretary of the Washington State Department of
			 Transportation, 3D25 Transportation Building, Olympia, WA 98504-7316. Service
			 by electronic telefacsimile transmission is not allowed.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-430, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-440 - Standards of ethical conduct

Current through Register Vol. 24-14, July 15, 2024
All persons appearing in an adjudicative proceeding shall
				conform to the standards of ethical conduct required of attorneys before the
				courts of Washington as required by the rules of professional conduct. If any
				such person does not conform to such standards, the presiding officer may
				decline to permit such person to appear in a representative capacity in the
				adjudicative proceeding.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-440, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-450 - Appearance and practice - Appearance and/or representation by former employee, attorney or officer

Current through Register Vol. 24-14, July 15, 2024
(1) No person who
			 has served as an officer, attorney, or employee of the department shall appear
			 in an adjudicative proceeding or receive compensation for any services rendered
			 on behalf of any person, firm, corporation, or association in relation to any
			 adjudicative proceeding or application with respect to which such person was
			 directly concerned and in which one personally participated during the period
			 of her or his service or employment.
(2) No person who has served as an officer,
			 attorney, or employee of the department shall appear, except with the
			 permission of the secretary, as an expert witness on behalf of any party, other
			 than the department, in an adjudicative proceeding in which she or he
			 previously took an active part in the matter as a representative of the
			 department.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-450, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-460 - Answer

Current through Register Vol. 24-14, July 15, 2024
(1) When the department serves a party with a
			 notice of hearing pursuant to
			 RCW
			  34.05.413(5), the party
			 shall file an answer stating in short plain terms his/her response or defense
			 to the matters asserted in the notice, and shall admit or deny averments in the
			 notice (other than statements of time, place, and nature of the proceeding). If
			 the party is without knowledge or information to form a belief as to the truth
			 of an averment, the party shall so state and this will have the effect of a
			 denial. When a party intends in good faith to deny any part or qualification of
			 an averment, she/he shall specify so much of it as is true and material and
			 shall deny the remainder. A party may make the denials as specific denials of
			 designated averments or paragraphs, or may generally deny all averments except
			 those expressly admitted.
(2) In
			 his/her answer to the notice, a party shall set forth affirmatively any matter
			 constituting an avoidance or affirmative defense. Defenses not pleaded in the
			 answer are waived.
(3) An answer
			 shall be filed within twenty days after the notice of hearing is served unless
			 the date of hearing is less than forty days from the date the notice of hearing
			 is served in which event an answer must be filed within half the intervening
			 time.
(4) Any defense that the
			 hearing cannot be held because the party served with the notice has been
			 prejudiced because of some irregularity in procedure must be pleaded in the
			 answer by specific averment which shall include such supporting particulars as
			 are within the answering party's knowledge or could have reasonably been
			 learned by the answering party.
(5)
			 No reply to an answer shall be filed. Affirmative averments in the answer shall
			 be deemed denied or avoided.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-460, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-470 - Discovery, protective orders

Current through Register Vol. 24-14, July 15, 2024
Discovery will be available in adjudicative proceedings only as
				follows:
(1)
Methods:
Any
			 party to an adjudicative proceeding may only obtain discovery from another
			 party by written interrogatories, subpoenas duces tecum, and written requests
			 for production of documents. The procedures regarding these methods of
			 discovery are found at CR 33 and CR 34 as now or hereafter amended unless
			 inconsistent with the rules herein.
(2)
Scope of discovery:
Parties
			 may obtain discovery to the extent authorized by CR 26(b).
(3)
Protective order:
Any party
			 may file a motion for protective order regarding discovery. Rulings on such
			 motions shall be made by the presiding officer.
(4)
Order compelling discovery:
The presiding officer is authorized to make any order that a court could make
			 under CR 37(a), including an order awarding expenses of the motion to compel
			 discovery.
(5)
Completion of
			 discovery:
All discovery allowed under this section must be completed at
			 a reasonable time prior to hearing as determined by the presiding officer in a
			 discovery schedule. Nothing herein stated shall modify a party's responsibility
			 to promptly supplement responses to discovery rules or otherwise comply with
			 discovery.
(6)
Use at
			 hearing:
Information and documents obtained pursuant to discovery will
			 not become part of the record until received into evidence by the presiding
			 officer upon the motion of any party.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-470, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-480 - Excerpts from documentary evidence

Current through Register Vol. 24-14, July 15, 2024
When portions only of a document are to be relied upon, the
				offering party shall prepare the pertinent excerpts, adequately identified, and
				shall supply copies of such excerpts, together with a statement indicating the
				purpose for which such material will be offered, to the presiding officer and
				to the other parties. Only the excerpts, so prepared and submitted, shall be
				received in the record. However, the whole of the original document shall be
				made available for examination and for use by all parties to the
				proceeding.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-480, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-490 - Motions before presiding officers

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of section:
This
			 section governs all motions made to the presiding officer except those made
			 orally on the record during an adjudicative proceeding.
(2)
Form:
A motion must be in
			 writing. It must state the order of relief requested and the grounds for the
			 motion. It may be accompanied by affidavits. It must be supported by legal
			 authorities, set out in the motion or in a supporting brief.
(3)
Response:
Any party may
			 serve and file a response within five days after the motion has been served on
			 that party.
(4)
Filing:
The original and one copy of every motion and response,
			 with supporting papers, must be filed with the presiding officer, along with
			 proof of service.
(5)
Ruling:
When the presiding officer has received a response from
			 all parties, or five days have elapsed since the last party was served, the
			 presiding officer shall rule on the motion without oral argument, unless the
			 presiding officer, in his or her discretion, orders that argument be
			 heard.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-490, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-500 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1)
Conference:
The presiding officer, as a matter of discretion, with
			 or without a motion from a party, may direct the applicant or applicant's
			 representative to appear before the presiding officer for a conference to
			 consider:
(a) The definition and
			 simplification of issues;
(b) The
			 necessity or desirability of amendments to the pleadings;
(c) The possibility of obtaining admissions
			 of fact and of documents which will be premarked for admission into evidence in
			 order to avoid unnecessary proof;
(d) The limitations of the number of expert
			 witnesses;
(e) Briefing
			 schedules;
(f) Other matters that
			 may aid in the disposition of the proceeding.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-510 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1)
General rules on
			 admissibility:
Presiding officers shall admit and give probative value
			 to evidence that is admissible in the superior courts of the state of
			 Washington in a trial. In addition, a presiding officer may admit and give
			 probative effect to other evidence on which reasonably prudent persons are
			 accustomed to rely in the conduct of their affairs. Presiding officers shall
			 give effect to the rules of privileges recognized in the courts of this state.
			 Presiding officers may exclude irrelevant, immaterial, and duly repetitious
			 evidence.
(2)
Stipulations
			 encouraged:
Counsel/parties are requested to mark proposed exhibits in
			 advance of hearing and to stipulate to the admission of all exhibits that are
			 not objectionable.
(3)
Copies
			 of documents and exhibits:
Unless excused from doing so by the presiding
			 officer, a party offering a document or other exhibit in evidence must furnish
			 copies to all other parties.
(4)
Official notice:
The presiding officer may take notice of
			 judicially cognizable facts, and in addition may take notice of general,
			 technical, or scientific facts within his or her specialized knowledge. Any
			 party may, by motion, ask the presiding officer to take official notice of
			 facts or material. When the presiding officer takes official notice of any
			 facts or material, the presiding officer must notify the parties of what is
			 noticed and afford them reasonable opportunity to contest the noticed facts or
			 material. This may be done at any time before the presiding officer's order
			 becomes final.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-510, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-520 - Petitions for review of initial orders - Final orders

Current through Register Vol. 24-14, July 15, 2024
(1) Except in brief adjudicative proceedings,
			 initial orders in all adjudicative proceedings before the department will
			 become final without further action by the department unless, within twenty
			 days of the date of service of the initial order, a petition for review is
			 filed with the person named and the address stated in the initial order for
			 such petition of review.
(2) The
			 provisions of WAC
			 10-08-211 apply to petitions for
			 review of initial orders.
(3) WAC
			 468-10-530 governs review of
			 orders in brief adjudicative proceedings.
Statutory Authority:
				  Chapter
				  34.05 RCW and
				  RCW
				  47.01.101(5). 94-14-101
				  (Order 145), § 468-10-520, filed 7/6/94, effective
				  8/6/94.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-10 - Practice and procedure › Section 468-10-530 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Pursuant to
			 RCW
			  34.05.482, the department will use brief
			 adjudicative proceedings where not violative of law and where protection of the
			 public interest does not require the department to give notice and an
			 opportunity to participate to persons other than the parties. The department
			 may use brief adjudicative proceedings for the following matters:
(a) Actions taken by the department with
			 respect to motorist information sign permit applications and revocations under
			 WAC 468-70-070.
(b) Actions taken by the department with
			 respect to hazardous structures or obstacles that obstruct the air space above
			 ground or water level under
			 RCW
			  47.68.340 and
			 47.68.350.
(c) Actions taken by the department after the
			 state patrol has confiscated an overweight permit or overlength permit and the
			 department has suspended or revoked the permit under
			 RCW
			  46.44.105(9).
(d) Actions taken by the department with
			 respect to its motor carrier service office's permit refund policy.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to the authority granted
				in RCW
				 43.21C.120 and chapter 197-11
				WAC.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-010, filed 9/14/84. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-12-010, filed 12/20/78. Formerly WAC
				  252-09-010.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to
			 establish rules pertaining to the integration of the policies and procedures of
			 the State Environmental Policy Act (SEPA),
			 chapter
			 43.21C RCW, into the
			 programs, activities, and actions of the department of transportation
			 (hereinafter referred to as the transportation department or the department).
			 The rules contained herein are intended to implement and be consistent with the
			 provisions and purposes of the SEPA guidelines (chapter 197-11 WAC).
(2) These rules are intended to establish
			 procedures for implementing SEPA which reduce duplicative and wasteful
			 practices, establish effective and uniform procedures, encourage public
			 involvement, and promote certainty with respect to the requirements of
			 SEPA.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-020, filed 9/14/84. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-12-020, filed 12/20/78. Formerly WAC
				  252-09-020.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-055 - Timing of the SEPA process

Current through Register Vol. 24-14, July 15, 2024
(1) As
			 provided by WAC
			 197-11-055, the SEPA process
			 shall be completed before the transportation department is irrevocably
			 committed to a particular course of action. At the same time, the SEPA process
			 should not be undertaken until a proposal is sufficiently definite to permit
			 meaningful environmental analysis.
(2) The threshold determination and any
			 required environmental impact statement (EIS) for transportation department
			 nonproject actions shall be completed prior to official adoption of the action
			 in question.
(3) The threshold
			 determination and any required (EIS) for licensing actions of the
			 transportation department shall be completed prior to issuance of the license
			 or licenses in question. Environmental review relating to licensing actions,
			 when required, shall begin as soon as an application is complete. Applicants
			 shall provide all environmental and design information necessary to prepare the
			 appropriate environmental document. No licensing actions of the department
			 require the submission of environmental documents to planning commissions or
			 similar advisory bodies.
(4) The
			 threshold determination and any required EIS for transportation department
			 actions of a project nature shall in all cases be completed prior to the
			 approval of the location or design of the project in question. A draft EIS
			 shall be prepared prior to the first public hearing which may be held in
			 connection with such project, and shall be made available at such hearing.
			 While the transportation department may present a preferred alternate location
			 or design in a draft EIS, final adoption of a particular location or design
			 shall not occur until a final threshold determination has been made or a final
			 EIS has been prepared.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-055, filed 9/14/84. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-12-055, filed 12/20/78. Formerly WAC
				  252-09-055.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-060 - Content of environmental review - Scope of proposals

Current through Register Vol. 24-14, July 15, 2024
(1) Proposals which are not so closely
			 related to each other as to be, in effect, a single action, and which are
			 related to a large existing or planned network of highways, streets, etc., may
			 be separated, and the present proposal may be treated as the total proposal, or
			 only some of the future elements of a proposed action may be selected for
			 present consideration in a threshold determination or EIS. These
			 categorizations shall be logical with relation to the design of the total
			 system or network, and shall not be made merely to divide a larger system into
			 exempted fragments. These categorizations shall (a) connect logical termini
			 (population centers, major traffic generators, major crossroads, etc.); (b)
			 possess a reasonable degree of independent utility; and (c) promote a
			 meaningful consideration of alternatives by avoiding the necessity of
			 considering numerous combinations of different alternatives.
(2) Functionally related actions which are
			 not categorically exempted by the provisions of WAC
			 197-11-800, and whose impacts are
			 more significant and more readily analyzable on a "program" than on an
			 "individual action" basis, may be analyzed, for purposes of threshold
			 determinations and EIS preparation, as a total program.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-060, filed 9/14/84. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-12-060, filed 12/20/78. Formerly WAC
				  252-09-060.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-455 - Issuance of draft EIS

Current through Register Vol. 24-14, July 15, 2024
In addition to the circulation procedures specified by
				mandatory subsection of WAC
				197-11-455(1),
				the draft EIS shall be made available at public libraries or other public
				places determined by the department to be appropriate and stated in the notice
				of availability of the draft EIS. Notice of the availability of the draft EIS
				shall be as stated under WAC
				468-12-510.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-455, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-460 - Issuance of final EIS

Current through Register Vol. 24-14, July 15, 2024
(1) As permitted in
			 general terms by the provisions of WAC
			 197-11-460, the normal sixty-day
			 period for preparation of a final EIS may be extended whenever the proposal is
			 unusually large in scope, or where the environmental impact associated with the
			 proposal is unusually complex. The determination that additional time is
			 required for preparation of the final EIS shall be made in writing by the
			 responsible official or his designee and shall be accompanied by a brief
			 statement explaining the reason that additional time is required.
(2) Availability of the final EIS shall be as
			 stated under WAC
			 468-12-510.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-460, filed 9/14/84. Statutory Authority: 1977 ex.s. c
				  151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-12-460, filed 12/20/78. Formerly WAC
				  252-09-460.