reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-310 - Depositions and interrogatories in adjudicative proceedings - Use and effect

Current through Register Vol. 24-14, July 15, 2024
Subject to rulings by the presiding officer upon objections a
				deposition taken as provided in this rule will not become a part of the record
				in the proceeding until received in evidence by the presiding officer upon his
				own motion or the motion of any party. Except by agreement of the parties or
				ruling of the presiding officer, a deposition will be received only in its
				entirety. A party does not make a party, or the privy of a party, or any
				hostile witness his witness by taking his deposition. Any party may rebut any
				relevant evidence contained in a deposition whether introduced by him or any
				other party.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-310, filed 10/17/90, effective 11/17/90; Regulation .08.310,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-320 - Depositions and interrogatories in adjudicative proceedings - Fees of officers and deponents

Current through Register Vol. 24-14, July 15, 2024
Deponents whose depositions are taken and the officers taking
				the same shall be entitled to the same fees as are paid for like services in
				the superior courts of the state of Washington, which fees shall be paid by the
				party at whose request the depositions are taken.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-320, filed 10/17/90, effective 11/17/90; Regulation .08.320,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-330 - Depositions upon interrogatories - Submission of interrogatories

Current through Register Vol. 24-14, July 15, 2024
Where the deposition is taken upon written interrogatories, the
				party offering the testimony shall separately and consecutively number each
				interrogatory and serve them with a notice stating the name and address of the
				person who is to answer them and the name or descriptive title and address of
				the officer before whom they are to be taken. Within 10 days thereafter a party
				so served may serve cross-interrogatories upon the party proposing to take the
				deposition. Within five days thereafter, the latter may serve redirect
				interrogatories upon the party who served
				cross-interrogatories.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-330, filed 10/17/90, effective 11/17/90; Regulation .08.330,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-340 - Depositions upon interrogatories - Interrogation

Current through Register Vol. 24-14, July 15, 2024
Where the interrogatories are forwarded to an officer
				authorized to administer oaths the officer taking the same after duly swearing
				the deponent, shall read to him seriatim, one interrogatory at a time and cause
				the same and the answer thereto to be recorded before the succeeding
				interrogatory is asked. No one except the deponent, the officer and the court
				reporter or stenographer recording and transcribing it shall be present during
				the interrogation.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-340, filed 10/17/90, effective 11/17/90; Regulation .08.340,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-350 - Depositions upon interrogatories - Attestation and return

Current through Register Vol. 24-14, July 15, 2024
The officer before whom interrogatories are verified or
				answered shall (1) certify under his official signature and seal that the
				deponent was duly sworn by him, that the interrogatories and answers are a true
				record of the deponent's testimony, that no one except deponent, the officer
				and the stenographer were present during the taking, and that neither he nor
				the stenographer, to his knowledge, is a party, privy to a party, or interested
				in the event of the proceedings, and (2) promptly send by registered or
				certified mail the original copy of the deposition and exhibits with his
				attestation to the department, or its designated presiding officer, one copy to
				the counsel who submitted the interrogatories and another copy to the
				deponent.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-350, filed 10/17/90, effective 11/17/90; Regulation .08.350,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-370 - Official notice - Matters of law

Current through Register Vol. 24-14, July 15, 2024
The presiding officer, upon request made before or during a
				hearing, will officially notice:
(1)
Federal law.
The Constitution; congressional acts, resolutions,
			 records, journals and committee reports; decisions of federal courts and
			 administrative agencies; executive orders and proclamations; and all rules,
			 orders and notices published in the Federal Register;
(2)
State law.
The Constitution
			 of the state of Washington, acts of the legislature, resolutions, records,
			 journals and committee reports; decisions of administrative agencies of the
			 state of Washington, executive orders and proclamations by the governor; and
			 all rules, orders and notices filed with the code reviser.
(3)
Governmental organization.
Organization, territorial limitations, officers, departments, and general
			 administration of the government of the state of Washington, the United States,
			 the several states and foreign nations;
(4)
Agency organization.
The
			 department, administration, officers, personnel, official publications, and
			 practitioners before its bar.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-370, filed 10/17/90, effective 11/17/90; Regulation .08.370,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-390 - Presumptions

Current through Register Vol. 24-14, July 15, 2024
Upon proof of the predicate facts specified in the following
				six subdivisions hereof without substantial dispute and by direct, clear, and
				convincing evidence, the department, with or without prior request or notice,
				may make the following presumptions, where consistent with all surrounding
				facts and circumstances:
(1)
Continuity.
That a fact of a continuous nature, proved to exist at
			 a particular time, continues to exist as of the date of the presumption, if the
			 fact is one which usually exists for at least that period of time;
(2)
Identity.
That persons and
			 objects of the same name and description are identical;
(3)
Delivery.
Except in a
			 proceeding where the liability of the carrier for nondelivery is involved, that
			 mail matter, communications, express or freight, properly addressed, marked,
			 billed and delivered respectively to the post office, telegraph, cable or radio
			 company, or authorized common carrier of property with all postage, tolls and
			 charges properly prepaid, is or has been delivered to the addressee or
			 consignee in the ordinary course of business;
(4)
Ordinary course.
That a fact
			 exists or does not exist, upon proof of the existence or nonexistence of
			 another fact which in the ordinary and usual course of affairs, usually and
			 regularly coexists with the fact presumed;
(5)
Acceptance of benefit.
That
			 a person for whom an act is done or to whom a transfer is made has, does or
			 will accept same where it is clearly in his own self-interest so to
			 do;
(6)
Interference with
			 remedy.
That evidence, with respect to a material fact which in bad
			 faith is destroyed, eloigned, suppressed or withheld by a party in control
			 thereof, would if produced, corroborate the evidence of the adversary party
			 with respect to such fact.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-390, filed 10/17/90, effective 11/17/90; Regulation .08.390,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-400 - Stipulations and admissions of record

Current through Register Vol. 24-14, July 15, 2024
The existence or nonexistence of a material fact, as made or
				agreed in a stipulation or in an admission of record, will be conclusively
				presumed against any party bound thereby, and no other evidence with respect
				thereto will be received upon behalf of such party, provided:
(1)
Upon whom binding.
Such a
			 stipulation or admission is binding upon the parties by whom it is made, their
			 privies and upon all other parties to the proceeding who do not expressly and
			 unequivocally deny the existence or nonexistence of the material fact so
			 admitted or stipulated, upon the making thereof, if made on the record at a
			 prehearing conference, oral hearing, oral argument or by a writing filed and
			 served upon all parties within five days after a copy of such stipulation or
			 admission has been served upon them:
(2)
Withdrawal.
Any party bound
			 by a stipulation or admission of record at any time prior to final decision may
			 be permitted to withdraw the same in whole or in part by showing to the
			 satisfaction of the presiding officer of the department that such stipulation
			 or admission was made inadvertently or under a bona fide mistake of fact
			 contrary to the true fact and that its withdrawal at the time proposed will not
			 unjustly prejudice the rights of other parties to the proceeding.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-400, filed 10/17/90, effective 11/17/90; Regulation .08.400,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-415 - Stay of final orders

Current through Register Vol. 24-14, July 15, 2024
The director will not consider petitions to stay the
				effectiveness of final orders. Any such request should be made in connection
				with a petition for judicial review under
				chapter
				34.05
				RCW.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-415, filed 10/17/90, effective
				  11/17/90.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-416 - Petition for reconsideration of final orders

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				34.05.470, a petition for reconsideration of
				a final order must be filed in the Office of the Director, Department of
				Licensing, Highways-Licenses Building, Olympia, Washington, within ten days of
				service of the final order. No matter will be reconsidered unless it clearly
				appears from the petition for reconsideration that there is material clerical
				error or specific material error of fact or law in the final order. Any
				response to the petition shall be filed with the office of the director within
				ten days of the date of service of the petition.
Statutory Authority:
				  RCW
				  18.235.030 and
				  chapter
				  34.05 RCW. 05-02-006,
				  § 308-08-416, filed 12/22/04, effective 1/22/05. Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-416, filed 10/17/90, effective
				  11/17/90.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-460 - 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 materials 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:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-460, filed 10/17/90, effective 11/17/90; Regulation .08.460,
				  effective 3/23/60.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-505 - Adjudicative proceedings - Pleadings, briefs, and motions

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				34.05.437, pleadings, briefs, and motions
				must be made in writing, and must be served on all other parties. This rule
				does not apply to matters that properly arise during a
				hearing.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-505, filed 10/17/90, effective
				  11/17/90.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-515 - Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings

Current through Register Vol. 24-14, July 15, 2024
(1) At least
			 five days before the scheduled brief adjudicative proceeding, any party,
			 including the department, may file a written objection to resolution of a
			 matter by a brief adjudicative proceeding and may request that a matter be
			 converted to a formal adjudicative hearing. Upon receiving a timely written
			 objection, the presiding officer shall determine whether the matter should be
			 converted. Regardless of whether any party files a timely objection, the
			 presiding officer may convert any brief adjudicative proceeding to a formal
			 adjudicative hearing whenever it appears that a brief adjudicative proceeding
			 is insufficient to determine the issues pending before the agency.
(2) In determining whether to convert a
			 proceeding, the presiding officer may consider the following factors:
(a) Whether witness testimony will aid the
			 presiding officer in resolving contested issues of fact;
(b) Whether the legal or factual issues are
			 sufficiently complex to warrant a formal adjudicative proceeding, including
			 whether there are multiple issues of fact or law;
(c) Whether a brief adjudicative proceeding
			 will establish an adequate record for further agency or judicial
			 review;
(d) Whether the legal
			 issues involved in the proceeding present questions of legal significance or
			 are being raised for the first time before the agency;
(e) Whether conversion of the proceeding will
			 cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding
			 officer deems relevant in reaching a determination.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-525 - Brief adjudicative proceedings- When they can be used

Current through Register Vol. 24-14, July 15, 2024
(1) The director
			 adopts
			 RCW
			 34.05.482 through
			 34.05.494
			 for the administration of brief adjudicative proceedings conducted at the
			 discretion of the director. Brief adjudicative proceedings can be used in place
			 of formal adjudicative hearings whenever the department issues a statement of
			 charges, notice of intent to issue a cease and desist order, or temporary cease
			 and desist order alleging that an applicant or licensee's conduct, act(s), or
			 condition(s) constitute unlicensed practice or unprofessional conduct as that
			 term is defined under chapter 18.235 RCW, the Uniform Regulation of Business
			 and Professions Act. Brief adjudicative proceedings can also be used whenever
			 the statement of charges, notice of intent to issue a cease and desist order,
			 or temporary cease and desist order alleges violations of any statute or rule
			 that specifically governs disciplinary actions within a profession for which
			 the applicant seeks a license or from which the licensee holds a
			 license.
(2) Brief adjudicative
			 proceedings may be used to determine the following issues, including, but not
			 limited to:
(a) Whether an applicant has
			 satisfied terms for reinstatement of a license after a period of license
			 restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit
			 for a professional licensing examination;
(c) Whether an applicant or licensee has
			 satisfied financial security requirements by providing adequate proof of surety
			 bonds or other proof of financial security, as required by law;
(d) Whether a sanction proposed by the
			 department is appropriate based on the stipulated facts;
(e) Whether an applicant meets minimum
			 requirements for an initial or renewal application;
(f) Whether an applicant has failed the
			 professional licensing examination;
(g) Whether a licensee has sufficient
			 continuing education credits when the licensee submits a renewal
			 application;
(h) Whether an
			 applicant or licensee failed to cooperate in an investigation by the
			 department;
(i) Whether an
			 applicant or licensee was convicted of a crime that should disqualify the
			 applicant or licensee from holding the specific license sought or
			 held;
(j) Whether an applicant or
			 licensee has violated the terms of a final order issued by the director or
			 director's designee;
(k) Whether a
			 licensee has committed recordkeeping violations;
(l) Whether a licensee has committed trust
			 account violations;
(m) Whether an
			 applicant or licensee has engaged in false, deceptive, or misleading
			 advertising; or
(n) Whether a
			 person has engaged in unlicensed practice.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-535 - Brief adjudicative proceedings conversion to formal adjudicative proceedings - Dealer and manufacturer services

Current through Register Vol. 24-14, July 15, 2024
(1) At least five days before the scheduled
			 issuance of either an initial or a final order, any party, including the
			 department, may file a written objection to resolution of a matter by a brief
			 adjudicative proceeding and may request that it be converted to a formal
			 adjudicative proceeding. Upon receiving a timely written objection, the
			 presiding officer or reviewing officer, shall determine whether the matter
			 should be converted. Regardless of whether any party files a timely objection,
			 the presiding or reviewing officer may convert any brief adjudicative
			 proceeding to a formal adjudicative proceeding whenever it appears that a brief
			 adjudicative proceeding is insufficient to determine the issues pending before
			 the agency.
(2) In determining
			 whether to convert a proceeding, the presiding officer may consider the
			 following factors:
(a) Whether witness
			 testimony will aid the presiding or reviewing officer in resolving contested
			 issues of fact;
(b) Whether the
			 legal or factual issues are sufficiently complex to warrant a formal
			 adjudicative proceeding, including whether there are multiple issues of fact or
			 law;
(c) Whether a brief
			 adjudicative proceeding will establish an adequate record for further agency or
			 judicial review;
(d) Whether the
			 legal issues involved in the proceeding present questions of legal significance
			 or are being raised for the first time before the agency;
(e) Whether conversion of the proceeding will
			 cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding or
			 reviewing officer deems relevant in reaching a determination.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-600 - Scope of rules - Formal hearings - Discretionary suspension - Driver's licenses

Current through Register Vol. 24-14, July 15, 2024
The following rules numbered WAC
				308-08-610 through
				308-08-660 shall apply only to
				formal hearings held pursuant to
				RCW
				46.20.329. They shall not apply to hearings
				held pursuant to chapter 308-103 WAC (implied consent revocations) or hearings
				under the provisions of chapter 308-102 WAC (the Financial Responsibility
				Act).
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-08-600, filed 5/3/02, effective 6/3/02; Order MV-141, § 308-08-600,
				  filed 7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-610 - Formal hearings - Discretionary suspensions

Current through Register Vol. 24-14, July 15, 2024
All formal hearings held pursuant to
				RCW
				46.20.329 shall be conducted by a department
				hearing officer, who is appointed a referee for such purposes. In addition to
				the referees appointed by this section the director may from time to time
				appoint additional referees or may revoke the authority of any referee
				appointed by this section, but a record of such appointment or revocation of
				appointment shall be kept in the order registry in the director's office and
				may be examined at any time by any interested person.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-610, filed 10/17/90, effective 11/17/90; Order MV-141, §
				  308-08-610, filed 7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-620 - Conduct of hearing - Matters considered

Current through Register Vol. 24-14, July 15, 2024
At the outset of a formal hearing the referee shall advise the
				licensee of those matters contained in the department's records upon which the
				department's intended action is based. He shall judicially notice the files and
				records of the department which may be examined by the licensee or his
				attorney. The referee shall examine all witnesses including the licensee but
				nothing herein shall be construed as prohibiting the licensee from offering
				additional relevant testimony nor shall this be construed as prohibiting the
				examination of witnesses by the licensee or his attorney.
Order MV-141, § 308-08-620, filed
				  7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-630 - Decision procedure

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the hearing the referee shall announce his
				decision or what his recommended action will be if then known to him. He shall
				prepare a written summary of his findings together with a recommendation for
				departmental action unless he is a person authorized to make final decisions on
				behalf of the department, in which case he shall make a written summary of his
				findings together with his decision concerning departmental action to be
				taken.
Order MV-141, § 308-08-630, filed
				  7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-640 - Review procedures

Current through Register Vol. 24-14, July 15, 2024
In all cases not heard by a person authorized to make final
				decisions on behalf of the department, the file, summary of the findings, and
				recommendation shall be forwarded to the administrator of the hearings and
				interviews section or, in his absence, the assistant director for driver
				services, for review. If there was a substantial issue of fact resolved at the
				hearing this shall be noted in the summary and the tape transcription of the
				proceeding shall be forwarded for review. The administrator of the hearings and
				interviews section, or in his absence, the assistant director for driver
				services, shall review the file, summary of findings, recommendation, and if
				necessary, the tape transcription of the evidence. The reviewer may either
				accept the recommendation by marking the word "approved" on the findings and
				recommendations together with his signature, or he may reject the
				recommendation in which case he shall append the action he deems appropriate to
				the summary and recommendation. In all cases the action of the reviewer shall
				be final.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-640, filed 10/17/90, effective 11/17/90; Order MV-141, §
				  308-08-640, filed 7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-650 - Reconsideration by director

Current through Register Vol. 24-14, July 15, 2024
In all cases not heard directly by the director of the
				department of licensing and determined by a person having authority to make
				final decisions following a formal hearing pursuant to WAC
				308-08-660 the aggrieved person
				may pursue his remedies pursuant to
				RCW
				46.20.334, or, he may prior to the effective
				date of the department action petition the director for reconsideration of the
				action taken by the department. The director, upon review of the records,
				evidence, and of the findings after a formal hearing, shall promptly render his
				decision sustaining, modifying or reversing the departmental
				order.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-650, filed 10/17/90, effective 11/17/90; Order MV-141, §
				  308-08-650, filed 7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-660 - Persons authorized to make final decisions following formal hearing

Current through Register Vol. 24-14, July 15, 2024
The administrator of the hearings and interviews section, the
				assistant director for driver services, and such other persons as the director
				may from time to time appoint by administrative order filed in the registry
				maintained in his office shall have authority to render final decisions on
				behalf of the department on all matters heard by formal hearing pursuant to
				RCW
				46.20.329.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-660, filed 10/17/90, effective 11/17/90; Order MV-141, §
				  308-08-660, filed 7/27/72.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 implements requirements for regulated professional or occupational licenses
			 regarding licensing of military service members and military spouses and
			 registered domestic partners.
(2)
			 In addition to the requirements contained in this rule, there may be
			 requirements unique to a particular profession or occupation. The authorizing
			 statutes and rules for each professional or occupational license may provide
			 additional requirements and information.
(3) These rules apply to professions or
			 occupations listed in the Uniform Regulation of Business and Professions Act,
			 chapter 18.235 RCW,
			 RCW
			 18.235.020(2)(a), and to
			 professions or occupations listed in
			 RCW
			 18.235.020(2)(b) if adopted
			 by the appropriate board or commission under separate rule, and to the
			 businesses regulated under chapter 46.70 RCW.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Director" means the director of the
			 department of licensing or designee.
(2) "Employment" means self-employment and
			 employment by any other entity.
(3)
			 "Good standing" means the condition of a valid license authorizing a person to
			 engage in a regulated profession or occupation. A license in good standing is
			 not subject to any disciplinary sanctions, terms, conditions, or restrictions
			 by the licensing authority of this state, or the jurisdiction where the
			 licensee is licensed to practice.
(4) "License" means permission to engage in a
			 profession or occupation as defined by chapter 18.235 or 46.70 RCW.
(5) "Licensee" means a person who possesses a
			 license to engage in a regulated profession or occupation.
(6) "Licensing authority" means:
(a) The director of the department of
			 licensing or designee with respect to those occupations or professions
			 identified in chapter 46.70 RCW and
			 RCW
			 18.235.020 (2)(a);
			 or
(b) A board having licensing
			 authority over those occupations or professions identified in
			 RCW
			 18.235.020 (2)(b) if the
			 appropriate licensing authority has adopted these rules.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-015 - Military spouse requesting expedited processing

Current through Register Vol. 24-14, July 15, 2024
(1) A military
			 spouse may request expedited processing when the military spouse:
(a) Holds an active license in good standing
			 issued by another jurisdiction in which the other states standards are equal to
			 or greater than Washington licensing standards;
(b) Is moving to Washington as a result of
			 their spouse's military transfer to Washington.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-020 - Military spouse licensing-Equivalency to Washington standards and temporary licensing

Current through Register Vol. 24-14, July 15, 2024
(1) The licensing
			 authority must process a request for temporary license within 30 days after
			 receipt of a completed application. A completed application means that the
			 authority has received all supporting materials, related application fees, copy
			 of the certificate issued by the other state or jurisdiction, fingerprints, and
			 required documentation associated with a criminal background check. The
			 licensing authority must compare the profession or occupation requirements of
			 the jurisdiction where the applicant held a license to the requirements
			 associated with the most similar license issued by the licensing authority in
			 Washington. The licensing authority will determine whether the requirements of
			 the jurisdiction where the applicant holds a license meet or are substantially
			 equivalent to the requirements for the requested profession or occupation in
			 Washington.
(2) If the licensing
			 authority determines the Washington requirements are substantially equivalent
			 and have been met, and that the applicant is otherwise eligible for the
			 requested license, the licensing authority may issue a standard
			 license.
(3) If the licensing
			 authority determines the training and practice standards of the state where the
			 applicant holds a license are substantially equivalent and the applicant is
			 otherwise eligible for the requested license, the licensing authority may issue
			 a temporary license of no less than 180 days to allow the applicant time to
			 complete additional requirements not related to training or practice standards
			 that are necessary to qualify for a standard license in Washington.
(4) A temporary license issued under these
			 rules becomes null and void when any of the following occur:
(a) A standard license is issued;
(b) A denial of the standard license
			 application becomes final;
(c) The
			 temporary license expires.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-025 - Converting a military spouse's active license to an inactive license

Current through Register Vol. 24-14, July 15, 2024
(1) The licensing authority will convert a
			 military spouse's active license in good standing to an inactive license when
			 the licensee:
(a) Submits a written request
			 for the license status to be changed from active to inactive due to the
			 licensee's spouse or registered domestic partner being deployed or stationed in
			 a location outside Washington state.
(b) Submits, upon request, the following:
(i) A copy of service orders verifying the
			 licensee's spouse or domestic partner is a member of the military service areas
			 defined in WAC
			 308-09-010 (9)
			 and has been, or will be deployed or stationed to a location outside Washington
			 state.
(ii) A copy of the marriage
			 certificate or evidence of the registered domestic partnership with the
			 military service member.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-030 - Military spouses-Inactive licenses

Current through Register Vol. 24-14, July 15, 2024
(1) A military spouse may maintain an
			 inactive license as long as the military service member is stationed or
			 deployed in a location outside the state of Washington. Upon return to
			 Washington, the military spouse has six months to request their license return
			 to active.
(2) To change their
			 license from inactive to active, the military spouse licensee must, within six
			 months of returning to Washington state:
(a)
			 Submit a written request for the change to an active license;
(b) Pay the current renewal fee, if
			 applicable. The licensee should contact the regulatory program directly to
			 determine whether a renewal fee is due; and
(c) Complete any continuing education
			 requirements or other requirements necessary to make the license active and
			 compliant with current program requirements. The continuing education
			 requirements will be determined by the regulatory program's licensing
			 authority, but will not exceed the requirements needed for the current renewal
			 cycle unless required by the regulatory program's authorizing statute or
			 federal guidelines. The licensee should contact the regulatory program directly
			 to determine what requirements must be met.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-040 - Licensee with active licenses who enter the military

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 person who already holds a license issued by the licensing authority who then
			 enters active military service may notify the department to request their
			 license be assigned military status. This allows the licensee to maintain their
			 license in full force and effect while in military service.
(2) The licensing authority will convert an
			 active licensee whose license is in good standing to military status when the
			 licensee submits all of the following:
(a) A
			 written request for military status due to entering active military service,
			 including the expected duration of their deployment; and
(b) A copy of service orders verifying the
			 licensee is an active duty member of the armed forces of the United States or
			 the other services described in WAC
			 308-09-010
			 (9).
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-045 - Maintaining a military status license

Current through Register Vol. 24-14, July 15, 2024
(1) As long as a
			 military service member licensee's military service continues, the licensee is
			 not required to renew their license, but should maintain the license in
			 military status. To maintain a military status license, the licensee should
			 submit to the department an official copy of service orders verifying that they
			 are an active duty member of the United States Armed Forces or other services
			 described in WAC
			 308-09-010(9).
(2) The department will provide courtesy
			 notices to the licensee's address on file using the license renewal
			 cycles.
(3) A licensee should
			 return the courtesy notice to the department with an official copy of their
			 service orders.
(4) Military status
			 license maintenance requests are accepted by the department no sooner than 90
			 days prior to the date the license would expire if not in military
			 status.
(5) Continuing education is
			 not required while the license is in military status.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-09 - Military service members or spouses-Professional license › Section 308-09-050 - Changing a military status license at completion of active military duty

Current through Register Vol. 24-14, July 15, 2024
(1) To change a
			 military status license to an active license, the licensee must:
(a) Provide a written notice of the change in
			 their service status;
(b) Pay the
			 current renewal fee, if applicable. The licensee should contact the regulatory
			 program directly prior to making the request to determine whether a renewal fee
			 is due;
(c)Upon request, provide a
			 copy of the orders showing active duty status has changed within the last six
			 months, or discharge papers or DD-214 issued within the last six
			 months.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-005 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The purpose of this chapter is to establish rules for the department of
			 licensing to implement the requirements of the Public Records Act, chapter
			 42.56 RCW.
(2) The department
			 adopts these rules to provide full access to public records concerning the
			 conduct of government, mindful of individuals' privacy rights. The department
			 is guided by the provisions describing its purpose and interpretation when
			 carrying out responsibilities under chapter 42.56 RCW.
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-005, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-005, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW
				  42.17.250. 92-09-107, § 308-10-005, filed 4/20/92, effective 5/21/92;
				  Order MV 348, § 308-10-005, filed
				  12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The definitions
			 set forth in
			 RCW
			 42.56.010 apply to this chapter.
(2) "Department" means the department of
			 licensing. Where appropriate, it also refers to the staff and employees of the
			 department of licensing.
(3)
			 "Designee" means a department employee authorized by the public records officer
			 to receive and respond to a public records request.
(4) "Director" means the director of the
			 department of licensing as appointed by the governor.
(5) "Individual" means a natural
			 person.
(6) "Legitimate business,"
			 for purposes of
			 RCW
			 46.12.630, means a company with a valid and
			 unexpired business license that is:
(a) A
			 licensed Washington business; or
(b) Not required to be licensed in this
			 state, but has a federal employer identification number, federal tax number, or
			 uniform business identifier (UBI).
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-015 - Function-Organization-Administrative officers-General inquiries to the office

Current through Register Vol. 24-14, July 15, 2024
(1) Function, organization, and
			 administrative offices. The department of licensing administers laws relating
			 to the licensing and regulation of professions, businesses, and other
			 activities in addition to administering laws relating to the licensing and
			 regulation of vehicles and vehicle operators, dealers, and manufacturers. More
			 information about the department's roles is available at
www.dol.wa.gov
.
The main office of the department and its director is located
				in the Highways-Licenses Building, 1125 Washington Street Southeast, Olympia,
				WA 98504. The administrative office of the public records officer is located at
				8005-A River Drive Southeast, Olympia, WA 98501.
(2) General inquiries and correspondence
			 unrelated to a Public Records Act request to the office. Inquiries and
			 correspondence concerning a matter unrelated to a Public Records Act request
			 should be directed to the Olympia main office or by visiting
www.dol.wa.gov
.
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-015, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.250. 92-09-107, § 308-10-015, filed 4/20/92,
				  effective 5/21/92; Order MV 348, § 308-10-015, filed
				  12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-020 - Operations and procedures (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-020, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-020, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW
				  42.17.250. 96-05-036, § 308-10-020, filed 2/15/96, effective 3/17/96;
				  92-09-107, § 308-10-020, filed 4/20/92, effective 5/21/92; Order MV 348,
				  § 308-10-020, filed 12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-025 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the department are available for public
				inspection and copying during normal business hours pursuant to these rules,
				except as otherwise provided by chapters 42.56 and 46.12 RCW, WAC
				308-10-050 and
				308-93-087. For the purposes of
				this chapter, the normal business hours are from 9:00 a.m. to noon and from
				1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal
				holidays.
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-025, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-025, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW
				  42.17.250. 96-05-036, § 308-10-025, filed 2/15/96, effective 3/17/96;
				  92-09-107, § 308-10-025, filed 4/20/92, effective 5/21/92; Order MV 348,
				  § 308-10-025, filed 12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-030 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The director designates the public records officer as the point
				of contact for public records requests. The records officer is located in the
				administrative office mentioned in WAC
				308-10-015. The public records
				officer is responsible for:
(1) The
			 implementation of the department's rules regarding release of public
			 records;
(2) The publishing and
			 maintenance of the department's public records index of all agency records;
			 and
(3) Ensuring the department's
			 compliance with the public records disclosure act requirements.
Statutory Authority:
				  RCW
				  42.56.040, [42.56.]070, and46.01.110 .
				  10-10-040, § 308-10-030, filed 4/27/10, effective 5/28/10. Statutory
				  Authority: RCW 42.17.260, 42.17.250, and
				  46.01.110. 06-16-039, §
				  308-10-030, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW
				  42.17.250. 96-05-036, § 308-10-030, filed 2/15/96, effective 3/17/96;
				  92-09-107, § 308-10-030, filed 4/20/92, effective 5/21/92; Order MV 348,
				  § 308-10-030, filed 12/24/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-10 - Public records disclosure › Section 308-10-040 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with chapter 42.56 RCW, the public may inspect or
				copy nonexempt public records, or obtain copies of such records.
(1) Submit a request through one of the
			 following methods:
(a) DOL's preferred method
			 through the department's online portal located at
https://wadolpublicrecords.nextrequest.com/
;
			 or
(b) Email addressed to the
			 public records officer or designee sent to recordrequests@dol.wa.gov;
			 or
(c) Send a written request,
			 using the department's public records request form or a letter to P.O. Box
			 2957, Olympia, WA 98507-2957; or
(d) Verbally by phone or in person.