reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-520 - Equal opportunity/affirmative action

Current through Register Vol. 24-14, July 15, 2024
The department is firmly committed to equal opportunity and
					 nondiscrimination both in the work force and in the delivery of services and
					 makes every good faith effort to achieve the objectives of the affirmative
					 action plan.
(1)
Employment -
The department recruits, hires, develops, and promotes persons in all
				  positions without regard to race, creed, color, sex, age, national origin,
				  marital status, or presence of a mental, physical, or sensory handicap. The
				  department seeks to maintain a working environment free of harassment or
				  intimidation, and to reasonably accommodate persons of disability.
(2)
Affirmative action -
The
				  department strives to correct deficiencies regarding the utilization of
				  protected groups, consistent with applicable state and federal laws and
				  guidelines as outlined in the department's affirmative action plan.
(3)
Services -
The department
				  provides services, programs, and lets contracts in a fair and impartial manner.
				  No person shall, on the grounds of sex, race, creed, color, age, national
				  origin, marital status, or handicap be excluded from participation in, be
				  denied the benefits of, or be subjected to discrimination under any program or
				  activity administered or supervised by the department as required by the
				  federal government as a prerequisite for fiscal grants-in-aid (Sec. 601, Civil
				  Rights Act of 1964; 78 Stat. 252;
				  42 U.S.C.
				  2000d)  and
				  chapter
				  49.60 RCW.
Statutory Authority:
						RCW
						43.70.040,
						43.70.050,
						34.05.220, 42.17.250,
						70.02.005. 06-11-056, §
						246-08-520, filed 5/11/06, effective 6/11/06. Statutory Authority:
						RCW
						   43.70.050. 93-08-004 (Order 346), §
						246-08-520, filed 3/24/93, effective 4/24/93. Statutory Authority:
						RCW
						43.70.040. 91-02-049 (Order 121), recodified
						as § 246-08-520, filed 12/27/90, effective 1/31/91; Order 18, §
						248-10-010, filed 2/11/69.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-560 - Fees - Payment - Refunds

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Fees are due with applications for initial licensing and renewals. The
				  department will not proceed on applications until required fees are
				  paid.
(2) Fee payments may be made
				  in person or by mail. Payment shall be by check, draft, or money order made
				  payable to the department of health.
(3) If a license is denied, revoked, or
				  suspended, fees shall not be refunded.
(4) Application for license after denial or
				  revocation shall include fees as provided for in this title.
(5) Failure to pay fees when due shall
				  invalidate the license/certification/registration and all privileges granted by
				  the license/certification/registration. A late penalty fee shall be remitted in
				  addition to the annual renewal fee.
(6) The department of health shall refund
				  fees it collects that are paid in excess of the stated fee, or paid
				  erroneously.
(7) The payee shall
				  submit to the department a cancelled check or a cash receipt as proof of
				  payment when requesting a refund.
(8) The department shall make refunds of five
				  dollars or less only upon written request within thirteen months from date of
				  payment.
Statutory Authority:
						RCW
						43.70.050. 93-08-004 (Order 346), §
						246-08-560, filed 3/24/93, effective 4/24/93. Statutory Authority:
						RCW
						   43.70.040. 91-02-049 (Order 121), recodified
						as § 246-08-560, filed 12/27/90, effective 1/31/91. Statutory Authority:
						RCW
						   43.01.072. 90-08-003 (Order 044), §
						246-09-060, filed 3/22/90, effective
						4/22/90.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-990 - Copying fees

Current through Register Vol. 24-14, July 15, 2024
The copy fees and payment procedures in this section apply
					 to public records requests to the department of health (department) under
					 chapter 42.56 RCW and received on or after July 23, 2017.
(1) 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 a study to
				  determine actual copying costs 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 fees for electronic records,
				  provided in
				  RCW
				     42.56.120(2)(b), (c), (3), and
				  (4).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-101 - Application of chapter

Current through Register Vol. 24-14, July 15, 2024
(1)
				  This chapter applies to adjudicative proceedings authorized to be conducted
				  under the authority of the department of health.
(2) The rules in this chapter are the
				  exclusive rules governing adjudicative proceedings under the jurisdiction of
				  the department.
(3) To the extent
				  that these rules differ by inclusion, deletion, or content from the model rules
				  adopted by the chief administrative law judge pursuant to
				  RCW
				     34.05.250, this chapter shall prevail in
				  order to provide a process consistent with the organization of the
				  department.
(4) Where a provision
				  of this chapter conflicts with another chapter of this title, the provision of
				  this chapter shall prevail.
(5)
				  Where a provision of this chapter conflicts with a provision of the Revised
				  Code of Washington, the statute shall prevail.
Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-101, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-103 - Signature authority

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  person designated by the program shall sign all initiating documents issued
				  under this chapter.
(2) The
				  presiding officer or review officer shall sign orders issued under this
				  chapter.
(3) Authority to sign is
				  indicated by designation of the title of the person signing and shall not
				  require any other affirmation, affidavit, or allegation.
Statutory Authority:
						RCW
						   43.70.040. 94-04-079, § 246-10-103,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-103,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-104 - Appearance of parties

Current through Register Vol. 24-14, July 15, 2024
If a respondent requests an adjudicative proceeding to
					 contest the action, that party shall appear at all stages of the proceeding
					 except as otherwise provided in this section.
(1) If the respondent is represented as
				  provided in this chapter, the respondent shall appear personally at the hearing
				  and at any scheduled settlement conference but need not appear at the
				  prehearing conference or at presentation of motions.
(2) Parties may be represented by counsel at
				  all proceedings.
(3) The respondent
				  may appear by telephone at any portion of the proceedings conducted by
				  telephone, in the discretion of the presiding officer following reasonable
				  advance notice to the presiding officer and to the opposing party.
(4) The requirement of personal appearance
				  may be waived for good cause at the discretion of the presiding
				  officer.
(5) Failure to appear as
				  provided in this chapter is grounds for taking action by default.
Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-104, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-105 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
(1) When
				  computing a period of time prescribed or allowed by an applicable statute or
				  rule, the day of the act, event, or default from which the designated period of
				  time begins to run is not included.
(2) The last day of the computed period is
				  included unless the last day is a Saturday, Sunday, or legal holiday.
(3) When the last day is a Saturday, Sunday,
				  or legal holiday, the period ends at 5:00 p.m. on the next day which is not a
				  Saturday, Sunday, or legal holiday.
(4) When the period of time prescribed or
				  allowed is seven days or less, any intermediate Saturday, Sunday, and legal
				  holiday is excluded from the computation.
Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-105, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-106 - Certification and authentication

Current through Register Vol. 24-14, July 15, 2024
(1) A person's written statement,
				  declaration, verification, certificate, or oath may be authenticated by a
				  written statement which is executed in substantially the following form:
I certify (or declare) under penalty of perjury under the
					 laws of the state of Washington that the foregoing is true and correct.
(Date and Place)
(Signature)
(2)
				  Documents or records may be authenticated by a certification, as provided in
				  subsection (1) of this section, from the custodian of the records or other
				  qualified person that the documents or records are what they purport to
				  be.
(3) Signature of any attorney
				  must be accompanied by and authenticated by that attorney's Washington State
				  Bar Association number.
(4)
				  Documents prepared and submitted by a party who is not represented by an
				  attorney must be signed and dated by that party and must include that party's
				  current address.
(5) Signature by a
				  party or an attorney on a document shall constitute a certificate by the party
				  or attorney that he or she has read the document, believes there are grounds to
				  support it, and has not submitted the document for the purpose of delay,
				  harassment, or needless increase in the cost of a proceeding.
(6) Compliance with certification
				  requirements of subsections (1) and (2) of this section creates a rebuttable
				  presumption that a document is authentic.
Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-106, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-107 - Persons who may request adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The following persons or entities may request an
					 adjudicative proceeding under this chapter.
(1)
(a)
				  With respect to the denial of applications made under chapters 246-290,
				  246-291, and 246-295 WAC, the denied applicant may request an adjudicative
				  proceeding.
(b) A person whose
				  application for the approval of a new public water system is denied under WAC
				  246-293-190,
				  a purveyor whose license is adversely affected by a departmental decision under
				  WAC
				  246-293-190
				  or the county legislative authority having jurisdiction in the area affected by
				  the decision may request an adjudicative proceeding under this
				  chapter.
(c) A purveyor affected by
				  the decision of the department under WAC
				  246-293-430 or
				  the county legislative authority having jurisdiction in the area may request an
				  adjudicative proceeding with respect to a decision made under WAC
				  246-293-430.
(d) A person upon whom a civil penalty is
				  imposed under RCW    70A.125.040 may request an adjudicative
				  proceeding.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-108 - Representation

Current through Register Vol. 24-14, July 15, 2024
(1) Persons
				  requesting an adjudicative proceeding may be represented subject to the
				  following conditions:
(a) A person requesting
				  an adjudicative proceeding may represent himself or herself or may be
				  represented by an attorney who has complied with the admission to practice
				  rules of the supreme court of the state of Washing-ton.
(b) Every attorney representing a person
				  requesting an adjudicative proceeding shall file a notice of appearance with
				  the adjudicative clerk's office upon commencing representation, and shall file
				  a notice of withdrawal of counsel with the adjudicative clerk's office upon
				  terminating representation.
(c) No
				  person requesting an adjudicative proceeding may be represented in an
				  adjudicative proceeding by an employee of the department.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-109 - Filing and service of documents

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of this section "documents"
				  means pleadings, briefs, exhibits, orders, or other materials requested or
				  relevant to an adjudicative proceeding.
(2) Filing. Filing is the act of delivering
				  documents to the adjudicative clerk's office.
(a) A party must file with the adjudicative
				  clerk's office documents required or allowed pursuant to this
				  chapter.
(b) Unless otherwise
				  provided by law or directed by the presiding officer, documents must be filed
				  by:
(i) Hand delivery to the adjudicative
				  clerk's office, except when the office is closed during normal business hours
				  due to exigent circumstances;
(ii)
				  First class, registered, or certified mail;
(iii) Fax transmission ;
(iv) Electronic mail sent to
				  ACOfax@doh.wa.gov ; or
(v) Other
				  secure electronic means as established by the department.
(c) The date of filing is the date the
				  documents are received by the adjudicative clerk's office.
(d) Filing is effective when the documents
				  are received by the adjudicative clerk's office during normal business hours.
				  For documents received after 5:00 p.m. on a business day or on a Saturday,
				  Sunday, or legal holiday, the filing is effective the next business
				  day.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-110 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  has jurisdiction over all licenses issued by the department and over all
				  holders of and applicants for licenses. Such jurisdiction is retained even if
				  an applicant abandons or requests to withdraw the application, or a licensee
				  fails to renew a license.
(2) The
				  department has jurisdiction over practice by unlicensed persons of any
				  activity, profession, or business for which a license is required unless
				  otherwise prohibited by law.
Statutory Authority:
						RCW
						   43.70.040. 94-04-079, § 246-10-110,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-110,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-111 - Telephone proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The presiding officer may conduct all or part of the proceedings or permit a
				  party or witness to appear by telephone or other electronic means if each
				  participant in the proceedings has an opportunity to participate in, hear, and,
				  if technically and economically feasible, see the entire proceeding while it is
				  taking place. Cost of such appearance may be assessed to the party so appearing
				  or on whose behalf the witness appears.
(2) If all or part of the proceedings is
				  conducted as provided in subsection (1) of this section, the parties shall file
				  and serve copies of all documentary evidence no less than three days prior to
				  the proceeding. The presiding officer may, for good cause, allow exceptions to
				  this requirement.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-111, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-112 - Hearing location

Current through Register Vol. 24-14, July 15, 2024
The presiding officer shall designate sites for the conduct
					 of proceedings taking into account accessibility, efficiency, and
					 economy.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-112, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-113 - Good faith requirement

Current through Register Vol. 24-14, July 15, 2024
Good faith shall be the standard for compliance with these
					 rules. Failure to make a good faith effort to comply with these rules shall be
					 grounds for sanctions as provided in this chapter.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-113, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-115 - Expenses and witness fees

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The party requesting the appearance of a witness under a subpoena shall pay the
				  witness fees and expenses.
(2) The
				  party requesting services of an expert witness shall negotiate and pay fees for
				  the expert witness.
(3) The party
				  incurring expenses in connection with proceedings under this chapter shall pay
				  the expense.
(4) The department
				  shall pay expenses associated with:
(a) The
				  facility in which proceedings are conducted; and
(b) Recording of the proceedings.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-116 - Immunity

Current through Register Vol. 24-14, July 15, 2024
The legislature has determined that persons who file
					 complaints with or provide information to the department regarding health care
					 practitioners licensed by the department are immune from civil liability,
					 provided that such persons have acted in good faith.
					 RCW
					    4.24.240 through
					 4.24.260,
					 18.130.170,
					 18.130.180, and
					 18.130.300 set forth the
					 provisions under which immunity is granted.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-116, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-117 - Official notice and agency expertise

Current through Register Vol. 24-14, July 15, 2024
(1) Official notice may be taken as provided
				  in
				  RCW
				     34.05.452(5).
(2) The department, through its designated
				  presiding officer or review officer, may use its expertise and specialized
				  knowledge to evaluate and draw inferences from the evidence presented to
				  it.
Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-117, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-118 - Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) Orders may
				  include sanctions against either party.
(2) Grounds for sanctions may include:
(a) Failure to comply with this chapter or
				  orders of the presiding officer or review officer; and
(b) Willful interference with the progress of
				  proceedings.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-119 - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				  officer may grant a petition for intervention pursuant to
				  RCW
				     34.05.443.
(2) A request to intervene will be handled as
				  a prehearing motion and will be subject to the dates contained in the
				  scheduling order. The presiding officer may allow intervention if:
(a) The intervenor is not a party to the
				  matter but has a substantial interest in the outcome of the matter and the
				  interest of the intervenor is not adequately represented by a party, or other
				  good cause exists; and
(b) Any
				  representative of the intervenor meets the requirements of WAC
				  246-10-108.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-121 - Notice to limited-English proficient parties

Current through Register Vol. 24-14, July 15, 2024
(1) "Limited-English proficiency" means, for
				  purposes of this section and WAC
				  246-10-122, that a
				  person is unable to communicate effectively in English because their primary
				  language is not English and they have not developed fluency in the English
				  language. A person with limited-English proficiency may have difficulty
				  speaking or reading English.
(2)
				  The department shall ensure that when it serves an initiating document, it
				  includes a notice that the respondent has the right to request an interpreter
				  for the hearing if one is needed. The notice shall be in the top ten primary
				  languages in Washington state as determined pursuant to subsection (4) of this
				  section.
(3) When the adjudicative
				  clerk's office is notified by a party that he or she has limited-English
				  proficiency, is a party to an adjudicative proceeding, and their non-English
				  language is one of the top ten primary languages in Washington state as
				  determined pursuant to subsection (4) of this section, the department shall
				  ensure that notices concerning a hearing, including notices of hearing,
				  continuance, and dismissal are translated into the person's primary
				  language.
(4) The top ten primary
				  languages will be reevaluated each year to respond to demographic changes
				  using:
(a) U. S. Census data;
(b) Office of financial management
				  limited-English proficiency population forecasts; and
(c) Department tracking of frequency of
				  encounters with limited-English proficient persons.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-122 - Interpreters for hearing or speech impaired persons and persons with limited-English proficiency

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  "hearing or speech impaired person" means a person who, because of a hearing or
				  speech impairment, cannot readily understand or communicate in spoken language.
				  A "hearing impaired person" includes a person who is deaf, deaf and blind, or
				  hard of hearing.
(2) If a hearing
				  or speech impaired person or person with limited-English proficiency is
				  involved in an adjudicative proceeding and notifies the adjudicative clerk's
				  office of the need for an interpreter, the presiding officer shall appoint an
				  interpreter who is acceptable to the parties or, if the parties are unable to
				  agree on an interpreter, the presiding officer shall select and appoint an
				  interpreter.
(3) Before beginning
				  to interpret, an interpreter shall take an oath or make affirmation that:
(a) A true interpretation will be made to the
				  person using the interpreter of all the proceedings in a language or in a
				  manner the person understands; and
(b) The interpreter will repeat the
				  statements of the person using the interpreter to the presiding officer, in the
				  English language, to the best of the interpreter's skill and
				  judgment.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-123 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				  officer, the secretary or designee, and attorneys for parties may issue
				  subpoenas to residents of the state of Washington, to license holders and
				  applicants for license, and to other persons or entities subject to
				  jurisdiction under
				  RCW
				     4.28.185.
(2) The presiding officer shall issue
				  subpoenas pursuant to
				  RCW
				     34.05.446(1) for parties not
				  represented by counsel upon request of the party and upon a showing of
				  relevance and reasonable scope of the testimony or evidence sought. Requests
				  for issuance of subpoenas must be made in writing to the presiding officer
				  stating the relevance and the scope of testimony or evidence sought.
(3) The person on whose behalf the subpoena
				  is issued shall pay any witness fees and expenses as provided in WAC
				  246-10-115
				  or costs for interpreters for such witnesses as provided in WAC
				  246-10-122.
(4) Attendance of persons subpoenaed and
				  production of evidence may be required at any designated place in the state of
				  Washington.
(5) Every subpoena
				  must:
(a) Comply with WAC
				  246-10-120;
(b) Identify the party causing issuance of
				  the subpoena; and
(c) Command the
				  person to whom the subpoena is directed to attend and give testimony or produce
				  designated items under the person's control at a specified time and
				  place.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION I - PRELIMINARY MATTERS › Section 246-10-124 - Preliminary requirements

Current through Register Vol. 24-14, July 15, 2024
(1) An
				  applicant for an initial license or renewal of an existing license is not
				  entitled to an adjudicative proceeding unless the applicant has submitted:
(a) A completed initial application or
				  renewal application, as appropriate; and
(b) All applicable application, examination,
				  or renewal fees payable in connection with such application or
				  license.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION II - INITIATING ACTIONS › Section 246-10-201 - Form and content of initiating documents

Current through Register Vol. 24-14, July 15, 2024
(1) Initiating documents shall include a
				  clear and concise statement of the:
(a)
				  Identity and authority of the person issuing the document;
(b) Factual basis for the action or proposed
				  action set forth in the document;
(c) Statutes and rules alleged to be at
				  issue;
(d) Identity of the party
				  against whom the action is taken or proposed to be taken;
(e) Action or proposed action or penalties,
				  including the statutory or rule authority for those actions or
				  penalties;
(f) Signature of the
				  person issuing the document and the date signed; and
(g) Method by which an adjudicative
				  proceeding may be requested.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION II - INITIATING ACTIONS › Section 246-10-202 - Amendment of initiating documents

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to the hearing date, initiating
				  documents may be amended:
(a) Subject to the
				  following conditions:
(i) Amended initiating
				  documents must meet the requirements of WAC
				  246-10-201(1).
(ii) Amended initiating documents must be
				  accompanied by the documents described in WAC
				  246-10-201(2).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION II - INITIATING ACTIONS › Section 246-10-203 - Request for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
A respondent may respond to an initiating document by
					 filing an application for an adjudicative proceeding or by waiving the
					 opportunity for adjudicative proceeding.
(1) If the respondent wishes to file an
				  application for an adjudicative proceeding:
(a) An application for adjudicative
				  proceeding must be filed in accordance with the following time periods:
(i) For matters under chapter 18.130 RCW, the
				  Uniform Disciplinary Act, within twenty days of service of the initiating
				  documents unless an extension has been granted as provided in subsection (3) of
				  this section; and
(ii) For all
				  other matters in which the program proposes to deny, suspend, revoke, or modify
				  a license, or proposes to impose a civil fine, within twenty-eight days of
				  receipt of the initiating documents, unless otherwise provided by statute;
				  and
(iii) For all other matters,
				  within twenty days of service of the initiating documents, unless otherwise
				  provided by statute.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION II - INITIATING ACTIONS › Section 246-10-204 - Default

Current through Register Vol. 24-14, July 15, 2024
(1) If a party
				  fails to respond to initiating documents according to WAC
				  246-10-203,
				  that party will be deemed to have waived the right to a hearing, and the
				  secretary shall enter a final order without further contact with that
				  party.
(2) If a party requests an
				  adjudicative proceeding but fails to appear, without leave to do so, at a
				  scheduled prehearing conference, the presiding officer may issue an order of
				  default. The order must include notice of opportunity to request that the
				  default order be vacated pursuant to
				  RCW
				     34.05.440(3). Unless
				  vacated, a default order under this subsection shall be grounds for the
				  presiding officer to proceed to decide the matter in the absence of the
				  respondent and without additional notice to the respondent and to issue an
				  initial order.
(3) If a party
				  requests an adjudicative proceeding but fails to appear at the hearing, the
				  presiding officer may issue an order of default in the same manner as
				  subsection (2) of this section, or may proceed to hear the matter in the
				  absence of the party and issue an initial order.
(4) Initial and final orders entered under
				  this section shall meet the requirements of WAC
				  246-10-702 and shall
				  contain:
(a) Findings of fact and conclusions
				  of law based upon prima facie proof of the allegations contained in the
				  initiating documents;
(b) Proof of
				  service of or a good faith attempt to serve initiating documents and
				  appropriate notices;
(c) A finding
				  that there is no reason to believe that the party in default is in active
				  military service;
(d) The penalties
				  or conditions imposed by the order; and
(e) Notice of the opportunity to request:
(i) Reconsideration of a final order pursuant
				  to
				  RCW
				     34.05.470; or
(ii) Administrative review of an initial
				  order pursuant to
				  RCW
				     34.05.464.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION II - INITIATING ACTIONS › Section 246-10-205 - Scheduling orders

Current through Register Vol. 24-14, July 15, 2024
(1) Within
				  thirty days after receipt of the application for adjudicative proceeding, the
				  secretary's designee shall:
(a) Approve the
				  application for full adjudicative procedure and issue and serve on the parties
				  a scheduling order specifying the course of the proceeding; or
(b) Approve the application for a brief
				  adjudicative procedure and issue and serve a notice of the date by which any
				  additional written materials are to be submitted for consideration;
				  or
(c) Deny the application
				  according to
				  RCW
				     34.05.416.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-301 - Conduct of emergency adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Except as otherwise required by law,
				  summary action may be taken under chapter 18.130 RCW only after a review by the
				  secretary or designee of such evidence, including affidavits or declarations,
				  if appropriate, to establish:
(a) The
				  existence of an immediate threat to the public health, safety, or
				  welfare;
(b) The department's
				  ability to address the threat through a summary action; and
(c) The summary action is necessary to
				  address the threat.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-302 - Effect of summary action

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Summary action takes effect upon entry of the order. Entry shall be the date of
				  signature unless otherwise specified.
(2) No person shall be required to comply
				  with a summary action until service has been made or the person has knowledge
				  of the order, whichever occurs first.
(3) A summary action shall be served as
				  promptly as practicable, in accordance with WAC
				  246-10-109.
(4) A summary action shall not be subject to
				  the posthearing process provided in WAC
				  246-10-701, et seq., but a
				  summary action may be appealed to superior court as provided by law.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-302, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-303 - Form and content of summary actions

Current through Register Vol. 24-14, July 15, 2024
(1) A summary action must be entered in the
				  form of an order containing findings of fact, conclusions of law, and the
				  summary action imposed, as well as a statement of policy reasons for the
				  decision.
(2) Except as otherwise
				  required by law, a summary action imposed by emergency adjudicative proceeding
				  under chapter 18.130 RCW must be limited to those actions necessary to
				  alleviate an immediate threat to the public health, safety, or
				  welfare.
(3) Except as otherwise
				  required by law a summary action imposed by emergency adjudicative proceedings
				  under chapter 34.05 RCW must be limited to those actions necessary to alleviate
				  an immediate danger to the public health, safety, or welfare.
(4) Initiating documents, and all other
				  documents required by WAC
				  246-10-201
				  or
				  246-10-202,
				  must accompany a summary action order when served.
Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-303, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-304 - Adjudicative proceedings upon summary action

Current through Register Vol. 24-14, July 15, 2024
(1) Except as identified in subsection (2) of
				  this section, following a summary action taken by the department, the
				  respondent may:
(a) Request a prompt
				  adjudicative proceeding conducted in accordance with this chapter; or
(b) Waive the prompt adjudicative proceeding
				  and request a regularly scheduled adjudicative proceeding conducted in
				  accordance with this chapter; or
(c) Waive the right to an adjudicative
				  proceeding and submit a written statement to be considered prior to the entry
				  of the final order; or
(d) Waive
				  the opportunity to be heard.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-305 - Opportunity for prompt adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
Except as provided in WAC
					 246-10-304(2),
					 a respondent affected by a summary action will be provided the opportunity to
					 request a prompt adjudicative proceeding.
(1) Notice of the opportunity will be
				  provided in the notice of opportunity to defend against the allegations that
				  are the basis for the summary action. The form for requesting an adjudicative
				  proceeding must include the option of requesting a prompt adjudicative
				  proceeding.
(2) A respondent
				  affected by a summary action may request a prompt adjudicative proceeding, may
				  elect a regularly scheduled adjudicative proceeding instead of a prompt
				  adjudicative proceeding, or may waive the opportunity for adjudicative
				  proceeding in accordance with WAC
				  246-10-203.
(3) A request for a prompt adjudicative
				  proceeding must be filed within ten days of the service of the summary
				  action.
(4) If requested by the
				  respondent, a prompt adjudicative proceeding must be conducted within twenty
				  days of service of a summary action.
(5) Regardless of whether a prompt
				  adjudicative proceeding is requested, the matter must be resolved as quickly as
				  feasible in accordance with all other applicable rules.
Statutory Authority:
						RCW
						   18.130.135 and
						43.70.040. 09-03-089, §
						246-10-305, filed 1/20/09, effective 2/20/09. Statutory Authority:
						RCW
						   43.70.040. 94-04-079, § 246-10-305,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-305,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-306 - Proceedings prior to prompt adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
A settlement conference may be requested, a settlement may
					 be offered, and a prehearing conference may be conducted prior to a prompt
					 adjudicative proceeding. Prehearing proceedings shall not delay a prompt
					 adjudicative proceeding except by mutual agreement of the
					 parties.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-306, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-10-401 - Settlement conference

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Following a request for an adjudicative proceeding, a settlement conference may
				  be held if settlement is not achieved through written documents. The parties
				  shall arrange the date, time, and place of the settlement conference.
(2) The purpose of the settlement conference
				  is to attempt to reach agreement on the issues and on a proposed order to be
				  entered. Any agreement of the parties is subject to final approval by the
				  presiding officer or review officer.
(3) The respondent shall attend the
				  settlement conference as scheduled and may also be represented as provided in
				  WAC
				  246-10-108.
				  Representatives of the department will also attend. Other persons may attend by
				  agreement of the parties. Attendance may be in person or by phone.
(4) Either party may bring documents or other
				  materials to the settlement conference for the purpose of settlement
				  negotiations. No testimony will be taken. No documents or information submitted
				  at the settlement conference will be admitted at the adjudicative proceeding
				  unless stipulated by the parties or otherwise admitted into evidence by the
				  presiding officer.
(5) If a
				  settlement offer has been made in writing to the respondent and it is signed
				  and returned by the respondent to the adjudicative clerk's office, all
				  subsequent dates set in the scheduling order are stayed or stricken pending
				  final review of the settlement by the presiding officer.
Statutory Authority:
						RCW
						   18.155.040. 97-12-089, § 246-10-401,
						filed 6/4/97, effective 7/5/97. Statutory Authority:
						RCW
						   43.70.040. 94-04-079, § 246-10-401,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-401,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-10-402 - Discovery

Current through Register Vol. 24-14, July 15, 2024
The parties should exchange information and documents
					 related to the case prior to the adjudicative proceeding. Formal discovery is
					 obtained as follows:
(1) Methods,
				  scope and limits:
(a) Parties may obtain
				  discovery by production of records or things; deposition upon oral examination;
				  requests for admission; or, if ordered by the presiding officer, written
				  interrogatories.
(b) Unless
				  otherwise limited by order of the presiding officer in accord with these rules,
				  the scope of discovery shall be as follows:
(i) Parties may obtain discovery regarding
				  any matter not privileged, which is relevant to the subject matter in the
				  pending action. It is not grounds for objection that the information sought
				  will be inadmissible at the adjudicative proceeding if the information sought
				  appears reasonably calculated to lead to the discovery of admissible
				  evidence.
(ii) The frequency or
				  extent of use of the discovery methods established in these rules shall be
				  limited by the presiding officer if the presiding officer determines that:
(A) The discovery sought is unreasonably
				  cumulative or duplicative, or is obtainable from another source that is more
				  convenient, less burdensome, or less expensive; or
(B) The party seeking discovery has had an
				  ample opportunity by discovery to obtain the information sought; or
(C) The discovery is unduly burdensome or
				  expensive, taking into account the needs of the case, limitations of the
				  parties' resources, and the importance of the issues at stake.
(iii) The presiding officer may
				  limit discovery upon his or her own initiative after reasonable notice or
				  pursuant to a motion submitted by a party.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-10-403 - Motions

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				  officer shall rule on motions. The presiding officer may rule on motions
				  without oral argument or may request or permit the parties to argue the motion
				  in person or by telephone. Oral argument may be limited in time at the
				  discretion of the presiding officer.
(2) All prehearing motions, including
				  discovery and evidentiary motions, must be made in writing and filed with the
				  adjudicative clerk's office and served on all other parties by the dates set in
				  the scheduling order.
(3) Motions
				  for continuance must be made in writing and filed prior to the dates set in the
				  scheduling order. If the adjudicative proceeding is scheduled to take place
				  fewer than twenty days from service of the scheduling order, motions for
				  continuance must be made within ten days of service of the scheduling order,
				  but in no event fewer than five days prior to the hearing. Continuances may be
				  granted by the presiding officer for good cause.
(4) The presiding officer may grant a
				  continuance when a motion for continuance is not submitted within the time
				  limits contained in subsection (3) of this section for good cause.
(5) The following is the recommended format
				  for motions:
(a) A succinct statement of the
				  facts contended to be material;
(b)
				  A concise statement of the issue, issues or law upon which the presiding
				  officer is requested to rule;
(c)
				  The specific relief requested by the moving party;
(d) If the motion requires the consideration
				  of facts or evidence not appearing on the record, the moving party shall also
				  serve and file copies of all affidavits, declarations, and photographic or
				  documentary evidence presented in support of the motion;
(e) The legal authority upon which the motion
				  is based; and
(f) A proposed order
				  may accompany the motion, and should contain findings of fact and conclusions
				  of law.