reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 298 - Leased Tidelands Valuation Boards › Chapter 298-08 - King County leased tidelands valuation board - Rules of practice and procedure › Section 298-08-410 - Rules of evidence - Admissibility criteria

Current through Register Vol. 24-14, July 15, 2024
Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the board, is the best evidence reasonably obtainable, having due regard for its necessity, availability and trustworthiness. In passing upon the admissibility of evidence, the board shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings, in matters not involving trial by jury, in the superior court of the state of Washington.
Order, §
										298-08-410, filed 1/13/70; § 41, filed 12/13/67.
Washington Administrative Code › Title 298 - Leased Tidelands Valuation Boards › Chapter 298-08 - King County leased tidelands valuation board - Rules of practice and procedure › Section 298-08-420 - Rules of evidence - Tentative admission - Exclusion - Discontinuance - Objections

Current through Register Vol. 24-14, July 15, 2024
When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The board, either with or without objection, may exclude inadmissible evidence or order cumulative evidence discontinued. Parties objecting to the introduction of evidence shall state precise grounds of such objection at the time such evidence is offered.
Order, §
										298-08-420, filed 1/13/70; § 42, filed 12/13/67.
Washington Administrative Code › Title 300 - Librarians, Certification of › Chapter 300-12 - Certification of librarians › Section 300-12-010 - Purposes of certification

Current through Register Vol. 24-14, July 15, 2024
The purposes of certification of librarians are to:
(1) Secure qualified librarians by setting definite compulsory standards;
(2) Maintain standards within the profession;
(3) Assure that employers can secure competent personnel to deliver library and information services to users.
Statutory Authority: RCW 27.04.030(10) as amended in 1987. 87-20-071 (Order 87-03), §
										300-12-010, filed 10/6/87; Rules (part), filed 4/13/66; Rules (part), filed 3/16/60.
Washington Administrative Code › Title 300 - Librarians, Certification of › Chapter 300-12 - Certification of librarians › Section 300-12-015 - Eligibility for certification

Current through Register Vol. 24-14, July 15, 2024
The Washington state library commission shall issue librarians' certificates:
(1) Without examination to applicants who are graduates of library/information science schools accredited by the American Library Association.
(2) By examination to:
Applicants who present domestic or foreign college or university transcripts from accredited institutions showing successful completion of a minimum of thirty-six quarter credits or twenty-four semester credits in the professional curriculum. This curriculum shall be in library/information sciences or a closely related program -- including, but not limited to, coursework in such areas as reference and bibliography, cataloging and classification, and administration -- equivalent to masters degree level work. Applications must include favorable references from employers or instructors -- must be library related -- indicating the applicant's ability to initiate and carry out effective programs of library service.
The examination for these applicants shall be a formal written one equivalent to that routinely administered to graduating candidates for a masters degree in library and information sciences.
In no case may work experience substitute for education.
The Washington state library commission may delegate any portion of the administration of certification policy (not otherwise specified) to the state librarian.
Statutory Authority: RCW 27.04.030(10) as amended in 1987. 87-20-071 (Order 87-03), §
										300-12-015, filed 10/6/87; Rules (part), filed 4/13/66; Rules (part), filed 3/16/60.
Washington Administrative Code › Title 300 - Librarians, Certification of › Chapter 300-12 - Certification of librarians › Section 300-12-020 - Equivalency policy

Current through Register Vol. 24-14, July 15, 2024
To test for "attainments and abilities equivalent to those of a library/information science school graduate," the examination process shall reflect the principles of a basic professional curriculum in librarianship. The applicant will be expected to understand the principles and methods of:
(1) Selecting, acquiring, and organizing library materials by means of cataloging and classification;
(2) Reference, bibliography, and public services to various groups;
(3) Administration.
The applicant should be able to perform these and other operations effectively; should be familiar with the literature of the broad subject fields and the sources of bibliographical and factual information; should have an understanding of government, social institutions and the role of the library in a democratic society; and should be able to initiate and carry out suitable programs of library/information science service.
Passing the examination is not to be construed as having earned a masters degree in library/information science.
There shall be no reciprocity with other states certifying librarians.
Statutory Authority: RCW 27.04.030(10) as amended in 1987. 87-20-071 (Order 87-03), §
										300-12-020, filed 10/6/87; Rules (part), filed 4/13/66; Rules (part), filed 3/16/60.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-12 - Substantive rules › Section 304-12-030 - Library council of Washington created - Appointments - Terms - Expenses

Current through Register Vol. 24-14, July 15, 2024
The library council of Washington shall consist of thirteen
				members appointed by the commission. Members shall be appointed to broadly
				represent the library community as specifically outlined by the commission. A
				term shall be defined as three years, to begin on January 1 of each year. No
				person shall be appointed for more than two consecutive terms. An individual
				completing an unexpired term will be considered to have served a full term.
				Council members shall serve without compensation, but will be reimbursed for
				subsistence, lodging, and travel expenses for council meetings and approved
				business of the council, in accordance with the provisions of the Washington
				state travel regulations.
Statutory Authority: RCW 27.04.030(1). 00-11-028, §
				  304-12-030, filed 5/9/00, effective 6/9/00. Statutory Authority:
				  RCW
				  27.04.030. 94-11-023, § 304-12-030,
				  filed 5/6/94, effective 6/6/94; 92-08-023, § 304-12-030, filed 3/23/92,
				  effective 4/23/92. Statutory Authority: RCW 27.04.040. 87-20-070 (Order 87-02),
				  § 304-12-030, filed 10/6/87.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-12 - Substantive rules › Section 304-12-045 - Washington state advisory council on libraries - Duties

Current through Register Vol. 24-14, July 15, 2024
The council shall act as an advisory body to the Washington
				state library commission and staff on the development and execution of the
				federally-funded program of library service.
Statutory Authority: RCW 27.04.030 and 27.04.060. 86-12-067
				  (Order 86-02), § 304-12-045, filed
				  6/4/86.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-12 - Substantive rules › Section 304-12-047 - Library council of Washington - Mission - Roles

Current through Register Vol. 24-14, July 15, 2024
The mission of the library council of Washington is to promote
				access to library service and information resources for all people in
				Washington state. To meet this commitment, the council's membership represents
				the broadest possible range of library community interests. The roles of the
				council shall include to:
(1) Serve as
			 a catalyst for developing and implementing statewide library programs that will
			 improve service at all Washington libraries;
(2) Provide a forum for the library community
			 to discuss issues of concern, with individual members keeping their
			 constituents abreast of the council's progress and regularly requesting their
			 input;
(3) Advise the Washington
			 state library commission and state library staff on statewide areas of need in
			 library service;
(4) Encourage and
			 support multitype cooperation throughout the state;
(5) Assist in the development, implementation
			 and evaluation of statewide library development plans and long-range library
			 services and technology act (LSTA) plans;
(6) Advise the Washington state library
			 commission on the use of federal funds;
(7) Pursue opportunities for collaboration
			 with other agencies and community partners that share similar interests with
			 libraries.
Statutory Authority:
				  RCW
				  27.04.030(1). 00-11-028,
				  § 304-12-047, filed 5/9/00, effective
				  6/9/00.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-12 - Substantive rules › Section 304-12-125 - General statement of criteria

Current through Register Vol. 24-14, July 15, 2024
(1)
			 In a free and open society the mission of libraries is to be aware of
			 individuals' need for knowledge and personal growth and to respond to those
			 needs by providing access to the wisdom, experience and imagination of
			 mankind.
(2) The state agency's
			 criteria for determining the adequacy of library service to the public are:
(a) That ninety percent of the requests by
			 library users for specific titles is available through their library in a
			 manner that is satisfactory to the users.
(b) That ninety percent of the requests by
			 library users for works by a particular author or creator is available through
			 their library in a manner that is satisfactory to the users.
(c) That ninety percent of the requests by
			 library users for materials on a specific subject is available through their
			 library in a manner that is satisfactory to the users.
(d) That ninety percent of the requests by
			 library users for information is answered through their library in a manner
			 that is satisfactory to the users.
(e) That ninety percent of the people in a
			 library's service area is aware of the kinds of services provided by their
			 library.
(f) That the percentage of
			 use by each demographic group as defined in the Library Services and
			 Construction Act regulations is the same, +/- fifteen percent, based on the
			 highest percentage of use.
The determination of adequacy is made by comparing these
				criteria with annual reports which by law must be submitted to the state agency
				by each public library.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-16 - Documents depository library system › Section 304-16-010 - Rules and regulations

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 Washington state library will publish a basic list of documents at least
			 annually to include an author, title and subject index to the annual
			 list.
(2) Prepare a monthly
			 supplement to the basic list. At least one copy of each basic list and each
			 basic supplement will be sent to each depository library.
(3) Indicate in the monthly supplement if a
			 publication has been sent to the depositories, availability, etc.
(4) Ship documents at least once a week to
			 all full depository libraries.
(5)
			 Provide the Washington state library classification number and other pertinent
			 cataloging data in each shipment for each new document title distributed as a
			 suggested aid to other libraries in the organization of the
			 documents.
(6) Confirm with state
			 agencies as specified in
			 RCW
			  40.06.030 the number of copies needed for
			 distribution to libraries prior to publication.
(7) The Washington state library shall
			 develop, in consultation with state agencies, periodically review and
			 distribute to depository libraries, the criteria for classification of
			 documents as depository items.
(8)
			 All library inquiries, special requests, etc., concerning requests for state
			 documents [for libraries] which are directed to state agencies will be
			 channeled through the state library.
(9) There will be periodic revisions of
			 number of copies needed by libraries.
(10) Libraries should send to the state library names
			 of every state agency on whose mailing list they are currently
			 listed.
(11) If disagreement
			 develops on designation of a library as a depository, a committee of
			 arbitration will be set up by the president of the Washington Library
			 Association acting under instructions from the Washington Library Association
			 executive board. Any staff member of any library involved who is also on the
			 Washington Library Association board will be ineligible to be a member of the
			 arbitration panel.
Statutory Authority: RCW 27.04.030,
				  40.06.020, and
				  40.06.040. 79-01-056 (Order 1-78),
				  § 304-16-010, filed 12/27/78; Order, § 304-16-010, filed 10/24/68;
				  Order, filed 10/19/65.
Reviser's note:
RCW
				   34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-16 - Documents depository library system › Section 304-16-020 - Standards

Current through Register Vol. 24-14, July 15, 2024
(1) There will be
			 two classes of depository libraries in Washington. These will be full and
			 partial. Full depositories shall receive copies of all state publications for
			 distribution by the state library. Partial depositories shall receive at least
			 a core of general interest publications deemed essential to the public
			 interest. Any other library in the state may request specific documents and, if
			 it is at all possible, the request will be filled.
(2) Any library designated as a depository
			 shall meet the conditions specified in the following section:
(a) Provide space to house the publications
			 in an approved manner with adequate provisions for expansion. State
			 publications do not need to be maintained in a separate collection unless the
			 receiving library prefers to do so. Housing in a vertical file rather than on
			 shelves is acceptable for appropriate pamphlet-type materials.
(b) Provide an orderly, systematic recording
			 of receipt of the documents.
(c)
			 Process and shelve all state publications within thirty days after receipt of
			 the material.
(d) Provide a
			 professionally trained librarian to render satisfactory service without charge
			 to qualified patrons in the use of such publications. This librarian need not
			 spend full time on state publications.
(e) Dispose of publications only with
			 permission of the state librarian. The state librarian shall establish criteria
			 for disposal schedules for items which need not be retained
			 permanently.
(f) Accept and
			 maintain all publications received as depository documents.
(g) Library rules must assure that the
			 documents are available for public use and circulation, unless for some unusual
			 reason it becomes necessary to restrict use.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-005 - State library public records - General policy

Current through Register Vol. 24-14, July 15, 2024
With the exception of those public records exempt from public
				inspection and copying in the Revised Code of Washington, the state library
				recognizes its stewardship of public records and shall endeavor to comply with
				requests for public records in a timely and good-faith
				manner.
Statutory Authority:
				  RCW
				  27.04.030(1). 00-11-028,
				  § 304-20-005, filed 5/9/00, effective
				  6/9/00.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-010 - Availability of records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Requests for state library public records resident in the Pritchard Building or
			 any state library branch statewide shall be directed to the Office of the State
			 Librarian, Olympia, Washington, 98504, for initial action. The state librarian,
			 or public records officer if otherwise designated, shall send an initial
			 response to the requestor within the time frame required in chapter 42.17 RCW
			 which:
(a) Acknowledges receipt of the
			 request, including the date and time of day it was received; and
(b) Provides the requestor with a target date
			 for complying with the request.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-050 - Fees

Current through Register Vol. 24-14, July 15, 2024
The state library shall charge no fee for inspection of public
				records. Depending upon the extent of an individual request, the library may
				charge a fee equal to the amount necessary to reimburse the agency for its
				actual costs incident to copying public records, not to exceed limits imposed
				by the legislature.
Statutory Authority:
				  RCW
				  27.04.030(1). 00-11-028,
				  § 304-20-050, filed 5/9/00, effective 6/9/00; Order I-76, §
				  304-20-050, filed 4/22/76.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-060 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Privacy of
			 inquiry is central to freedom and the success of a democratic society. Any
			 state library record, the primary purpose of which is to maintain control of
			 library materials, or to gain access to information, which discloses or could
			 be used to disclose the identity of a library user, is exempt from public
			 disclosure, in accordance with RCW  42.17.310. The state library will not
			 disclose these records, outside the requirements of RCW  42.17.310 and absent
			 judicial action to compel such disclosure.
(2) The library reserves the right to
			 determine that a public record requested in accordance with the procedures
			 outlined in WAC 304-20-040 is exempt under the provisions of section 31,
			 chapter 1, Laws of 1973.
(3) In
			 addition, pursuant to section 26, chapter 1, Laws of 1973, the library reserves
			 the right to delete identifying details when it makes available or publishes
			 any public record, in any cases when there is reason to believe that disclosure
			 of such details would be an invasion of personal privacy protected by chapter
			 1, Laws of 1973. The public records officer will fully justify such deletion in
			 writing.
(4) All denials of
			 requests for public records must be accompanied by a written statement
			 specifying the reason for the denial, including a statement of the specific
			 exemption authorizing the withholding of the record and a brief explanation of
			 how the exemption applies to the record withheld.
Statutory Authority: RCW 27.04.030(1). 00-11-028, §
				  304-20-060, filed 5/9/00, effective 6/9/00. Statutory Authority:
				  RCW
				  27.04.030. 83-07-076 (Order 83-1), §
				  304-20-060, filed 3/23/83; Order I-76, § 304-20-060, filed
				  4/22/76.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-065 - Response to requests for public records

Current through Register Vol. 24-14, July 15, 2024
The state library's response to a request to inspect and/or
				copy public records shall contain at least the following elements:
(1) A restatement of the nature of the
			 request;
(2) The date of the
			 response;
(3) The extent to which
			 the state library has been able to comply with the request;
(4) Reason(s) for denial of any portion of
			 the request;
(5) The location at
			 which the records may be inspected and copied; and
(6) The procedure for appealing denial of any
			 portion of the request.
Statutory Authority:
				  RCW
				  27.04.030(1). 00-11-028,
				  § 304-20-065, filed 5/9/00, effective
				  6/9/00.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-070 - Review of denial of request

Current through Register Vol. 24-14, July 15, 2024
Any person who objects to a denial of a request for public
				records may do so in writing, petitioning a prompt review of that decision. The
				state librarian shall immediately consider such a request for review and either
				reverse the denial or call a special meeting of the state library commission to
				review the denial and make a final decision. If the commission is to review the
				denial, the librarian will respond with a date certain for that review within
				five business days.
Statutory Authority:
				  RCW
				  27.04.030(1). 00-11-028,
				  § 304-20-070, filed 5/9/00, effective 6/9/00; Order I-76, §
				  304-20-070, filed 4/22/76.
Washington Administrative Code › Title 304 - Library Commission › Chapter 304-20 - State library public records - General policy › Section 304-20-080 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1)
Index.
The library has available to all persons a current index
			 which provides identifying information as to the following records issued,
			 adopted or promulgated since June 30, 1972:
(a) Final opinions, including concurring and
			 dissenting opinions, as well as orders, made in the adjudication of
			 cases;
(b) Those statements of
			 policy and interpretations of policy, statute and the constitution which have
			 been adopted by the agency;
(c)
			 Administrative staff manuals and instructions to staff that affect a member of
			 the public;
(d) Planning policies
			 and goals, and interim and final planning decisions;
(e) Factual staff reports and studies,
			 factual consultant's reports and studies, scientific reports and studies and
			 any other factual information derived from tests, studies, reports or surveys,
			 whether conducted by public employees or others; and
(f) Correspondence, and materials referred to
			 therein, by and with the agency relating to any regulatory, supervisory or
			 enforcement responsibilities of the agency, whereby the agency determines, or
			 opines upon, or is asked to determine or opine upon, the rights of the state,
			 the public a subdivision of state government, or of any private
			 party."
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-010 - Purpose and duties

Current through Register Vol. 24-14, July 15, 2024
The law revision commission is established pursuant to chapter 1.30 RCW. The purpose of the law revision commission is to: (1) Provide facilities and procedures to undertake the scholarly investigation of the law; (2) recommend to the legislature elimination of antiquated and inequitable rules of law and removal of other defects or anachronisms in the law; and (3) encourage the clarification and simplification of the law in Washington and to promote its better adaptation to modern conditions. The specific duties of the commission are set forth in RCW 1.30.040.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-010, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-020 - Membership

Current through Register Vol. 24-14, July 15, 2024
The law revision commission consists of thirteen members as follows:
(1) Two senators, ex officio, designated by the president of the senate, and not members of the same political party;
(2) Two representatives, ex officio, designated by the speaker of the house of representatives, and not members of the same political party;
(3) Three deans of accredited law schools of the state, ex officio, or their designees from members of their respective law faculties;
(4) Four lawyers admitted to practice in the state, designated by the board of governors of the Washington state bar association;
(5) Two nonlawyer members with a demonstrated interest in the work of the law revision commission, appointed by the governor.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-020, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-030 - Officers

Current through Register Vol. 24-14, July 15, 2024
There shall be a chair, a vice-chair, and a secretary of the law revision commission, each elected by majority vote of the members. The officers shall serve at the pleasure of the commission.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-030, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-040 - Meetings

Current through Register Vol. 24-14, July 15, 2024
(1) The law revision commission shall hold its regular meetings on the last Friday of March, of June, and of September, and the first Friday of December of each year. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. The law revision commission may hold other meetings from time to time when called by the chair or when requested by five members of the commission.
(2) Five members of the commission shall constitute a quorum for the transaction of business.
(3) All meetings of the commission shall be open to the public. Members of the public who wish to attend meetings held by conference phone call may attend by appearing at any one of the locations where members of the commission convene for such conference phone call meeting. Any member of the public may learn of the locations of such conference phone call meeting places by contacting the secretary of the commission.
(4) Meetings of the commission shall be held in accordance with
Roberts' Rules of Order
, current revised edition, whenever requested by any member of the commission.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-040, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-050 - Public records

Current through Register Vol. 24-14, July 15, 2024
(1) All public records of the law revision commission, including minutes, shall be available unless exempt from disclosure under chapters 41.17 or 42.30 RCW. Any member of the public may examine records of the commission by directing a request to the secretary. The secretary shall determine charges for copying commission records for a requesting member of the public, at a charge not to exceed the actual cost of reproduction.
(2) Copies of the minutes, reports, and certain other records of the law revision commission shall be on file at the University of Washington School of Law. Requests for examination of the materials located at the school of law may be addressed to the Dean, University of Washington School of Law, Condon Hall, Seattle, Washington, 98105, with a copy of such request to the secretary of the commission.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-050, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-060 - Law revision commission research projects

Current through Register Vol. 24-14, July 15, 2024
(1) Any commissioner, state official, or any member of the public may suggest topics for study and recommendation by the commission by directing a request to the chair or the secretary.
(2) The commission may at its discretion choose topics for study and recommendation.
(3) The commission may refer topics for study to subcommittees composed of members. These subcommittees may consult with other organizations or individuals and report their findings to the commission.
(4) The commission will circulate final drafts of its reports and recommendations to any persons who have requested copies of such drafts in a specific subject area, before making recommendation to the legislature.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-060, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-070 - Reports to the legislature

Current through Register Vol. 24-14, July 15, 2024
The commission shall report on its proceedings annually to the legislature, on or before January 15 of each year, and, if the commission deems advisable, accompany its report with proposed legislation to carry out any of its recommendations. The law revision commission may transmit any other reports and recommended legislation to the legislature at any other time.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-070, filed 7/6/92, effective 8/6/92.
Washington Administrative Code › Title 306 - Law Revision Commission › Chapter 306-01 - Washington state law revision commission › Section 306-01-080 - Coordination of commission activities

Current through Register Vol. 24-14, July 15, 2024
The commission shall confer and coordinate its activities with any committees of the legislature, the state bar association, the uniform law commission, the statute law committee, or the judicial council in a manner as the law revision commission finds will most efficiently accomplish its purposes and carry out its duties.
Statutory Authority: RCW 1.30.050. 92-15-018, § 306-01-080, filed 7/6/92, effective 8/7/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-04 - General provisions › Section 308-04-010 - Requirements for checks in payment of licenses, certificates, etc. - Penalty

Current through Register Vol. 24-14, July 15, 2024
(1) All checks must
			 be made payable to the state treasurer or department of licensing, except those
			 checks written in payment for transactions through the department's vehicle and
			 vessel licensing agents may be made payable to the county auditor.
(2) State warrants equal to or less than the
			 amount of license fees due shall be accepted when tendered for payment of a
			 department of licensing transaction. If the warrant is less than the amount
			 due, the applicant shall pay the difference by cash, check, or money
			 order.
(3) Checks should be written
			 for the exact amount due and the purpose for which the check is intended should
			 be noted on its face. Overpayments for vehicle transactions will not be
			 accepted.
(4) The drawer's name
			 (licensee) and address should appear upon each check. All dishonored (DHC)
			 checks will be redeposited once. If they fail to clear at the time of the
			 second deposit, the following action will be taken:
(a) The drawer (licensee) will be sent a
			 letter advising him or her that the registration, license , or permit shall be
			 canceled and any other transaction may be canceled for which the DHC had been
			 submitted unless a money order, cash, or cashier's check for the full amount
			 due, including the handling fee, is received within sixty days of the date of
			 this letter.
(b) The failure to pay
			 a license fee or tax due after notice of dishonor has been given will result in
			 cancellation of any service, license, permit, or registration
			 provided.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-04 - General provisions › Section 308-04-020 - Handling fee for dishonored checks in payment of vehicle or vessel licenses and certificates of ownership

Current through Register Vol. 24-14, July 15, 2024
(1)
Will the department accept a check
			 for registrations, licenses, permits or certificates of ownership for vehicles
			 or vessels?
Yes, registrations, licenses, or permits relating to the
			 licensing or titling of vehicles or vessels may be paid by check to county
			 auditors, agents, vehicle licensing offices and subagents appointed or approved
			 by the director under
			 RCW
			 46.01.140.
(2)
If my check is dishonored, do I
			 have to pay a handling fee?
Yes, when a financial institution dishonors
			 a check by nonacceptance, stop payment, or nonpayment, a handling fee in the
			 amount of twenty-five dollars will be assessed for each check.
(3)
Who may collect the fee for
			 dishonored checks?
County auditors, agents, department vehicle licensing
			 offices and subagents may collect and retain the handling fee.
Statutory Authority:
				  RCW
				  46.01.110,
				  82.36.435,
				  82.38.260,
				  82.42.040,
				  46.87.010(2).
				  00-08-032, § 308-04-020, filed 3/28/00, effective 4/28/00. Statutory
				  Authority:
				  RCW
				  46.01.110 and
				  43.24.023. 99-01-104, §
				  308-04-020, filed 12/17/98, effective 1/17/99. Statutory Authority:
				  RCW
				  46.01.230(3). 87-21-014
				  (Order TL/RG 38), § 308-04-020, filed
				  10/9/87.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-005 - Application of this chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all adjudicative proceedings under the
				jurisdiction of the department of licensing or the director of the department
				of licensing, provided that the rules shall not apply to adjudicative
				proceedings held pursuant to
				chapters
				46.20, 46.25 and 46.65
				RCW, except for hearings held pursuant to
				RCW
				46.20.329 as provided in WAC
				308-08-600 through
				308-08-660.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-005, filed 10/17/90, effective 11/17/90. Statutory Authority: RCW
				  34.04.022,
				  46.01.110 and
				  82.38.260. 78-08-054 (Order
				  504-DOL), § 308-08-005, filed 7/20/78; Regulation 08.005, 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 308-08-006 - Model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
Except as they may be inconsistent with the rules in this
				chapter, the department adopts the model rules of procedure as set forth in
				chapter 10-08 WAC.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-006, 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 308-08-050 - Appearance and practice before agency - Appearance by former employee of agency or former member of attorney general's staff

Current through Register Vol. 24-14, July 15, 2024
No former employee of the department or member of the attorney
				general's staff may at any time after severing his employment with the
				department or the attorney general appear in a representative capacity on
				behalf of other parties in a formal proceeding wherein he previously took an
				active part as a representative of the department as provided by RCW
				42.22.040.
Regulation .08.050, effective 3/6/61; Regulation .08.050,
				  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 308-08-060 - Appearance and practice before agency - Former employee as expert witness

Current through Register Vol. 24-14, July 15, 2024
No former employee of department, board or commission shall at
				any time after severing his employment with the state of Washington appear,
				except with the written permission of the agency, as an expert witness on
				behalf of other parties in a formal proceeding wherein he previously took an
				active part in the investigation as a representative of department, board or
				commission.
Regulation .08.060, 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 308-08-085 - Requests for adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) All applications requesting that the
			 department of licensing conduct an adjudicative proceeding, including but not
			 limited to requests for a hearing in a proceeding initiated by the department
			 shall be made on the form provided by the department or in a form which is
			 substantially similar.
(2)
			 Applications to the department for an adjudicative proceeding shall be made
			 within the following time limitations:
(a)
			 Within twenty calendar days of service upon the applicant of a written notice
			 of an opportunity to request a hearing on the agency action.
(b) Within twenty calendar days of notice to
			 the applicant from any source of agency action by the department which the
			 applicant believes has or will adversely affect the applicant.
(c) For purposes of this subsection, the time
			 limitations begin upon actual notice, personal service or deposit in the U.S.
			 mail, whichever occurs first.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-08 - Practice and procedure › Section 308-08-180 - Subpoenas - Fees

Current through Register Vol. 24-14, July 15, 2024
Witnesses summoned before the department, commission or board
				shall be paid by the party at whose instance they appear the same fees and
				mileage that are paid to witnesses in the superior courts of the state of
				Washington.
Regulation .08.180, 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 308-08-210 - Subpoenas - Enforcement

Current through Register Vol. 24-14, July 15, 2024
Upon application and for good cause shown, the department will
				seek judicial enforcement of subpoenas issued to parties and which have not
				been quashed.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-210, filed 10/17/90, effective 11/17/90; Regulation .08.210,
				  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 308-08-230 - Depositions and interrogatories in adjudicative proceedings - Right to take

Current through Register Vol. 24-14, July 15, 2024
Except as may be otherwise provided, any party may take the
				testimony of any person, including a party, by deposition upon oral examination
				or written interrogatories for use as evidence in the proceeding, except that
				leave of the presiding officer must be obtained if notice of the taking is
				served by a proponent within twenty days of the date of hearing. The attendance
				of witnesses may be compelled by the use of a subpoena.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-230, filed 10/17/90, effective 11/17/90; Regulation .08.230,
				  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 308-08-240 - Depositions and interrogatories in adjudicative proceedings - Scope

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise ordered, the deponent may be examined
				regarding any matter not privileged, which is relevant to the subject matter
				involved in the proceeding.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-240, filed 10/17/90, effective 11/17/90; Regulation .08.240,
				  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 308-08-260 - Depositions and interrogatories in adjudicative proceedings - Authorization

Current through Register Vol. 24-14, July 15, 2024
A party desiring to take the deposition of any person upon oral
				examination shall give reasonable notice of not less than five days in writing
				to the agency and all parties. The notice shall state the time and place for
				taking the deposition, the name and address of each person to be examined, if
				known, and if the name is not known, a general description sufficient to
				identify him or the particular class or group to which he belongs. On motion of
				a party upon whom the notice is served, the presiding officer may for cause
				shown, enlarge or shorten the time. If the parties so stipulate in writing,
				depositions may be taken before any person, at any time or place, upon any
				notice, and in any manner and when so taken may be used as other
				depositions.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-260, filed 10/17/90, effective 11/17/90; Regulation .08.260,
				  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 308-08-270 - Depositions in adjudicative proceedings - Protection of parties and deponents

Current through Register Vol. 24-14, July 15, 2024
After notice is served for taking a deposition, upon its own
				motion or upon motion reasonably made by any party or by the person to be
				examined and upon notice and for good cause shown, the department or its
				designated presiding officer may make an order that the deposition shall not be
				taken, or that it may be taken only at some designated place other than that
				stated in the notice, or that it may be taken only on written interrogatories,
				or that certain matters shall not be inquired into, or that the scope of the
				examination shall be limited to certain matters, or that the examination shall
				be limited to certain matters, or that the examination shall be held with no
				one present except the parties to the action and their officers or counsel, or
				that after being sealed, the deposition shall be opened only by order of the
				department or that business secrets or secret processes, developments, or
				research need not be disclosed, or that the parties shall simultaneously file
				specified documents, or information enclosed in sealed envelopes to be opened
				as directed by the affected agency or the agency may make any other order which
				justice requires to protect the party or witness from annoyance, embarrassment
				or oppression. At any time during the taking of the deposition, on motion of
				any party or of the deponent and upon a showing that the examination is being
				conducted in bad faith or in such manner as unreasonably to annoy, embarrass,
				or oppress the deponent or party, the department, or its designated presiding
				officer may order the officer conducting the examination to cease forthwith
				from taking the deposition, or may limit the scope and manner of the taking of
				the deposition as above provided. If the order made terminates the examination,
				it shall be resumed thereafter only upon the order of the department. Upon
				demand of the objecting party or deponent, the taking of the deposition shall
				be suspended for the time necessary to make a motion for an
				order.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-270, filed 10/17/90, effective 11/17/90; Regulation .08.270,
				  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 308-08-280 - Depositions and interrogatories in adjudicative proceedings - Oral examination and cross-examination

Current through Register Vol. 24-14, July 15, 2024
Examination and cross-examination shall proceed as at an oral
				hearing. In lieu of participating in the oral examination, parties may serve
				written interrogatories in a sealed envelope on the party taking the deposition
				and he shall transmit them to the officer, who shall propound them to the
				witness and record the answers verbatim.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-280, filed 10/17/90, effective 11/17/90; Regulation .08.280,
				  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 308-08-290 - Depositions and interrogatories in adjudicative proceedings - Recordation

Current through Register Vol. 24-14, July 15, 2024
The officer before whom the deposition is to be taken shall put
				the witness on oath and shall personally or by someone acting under his
				direction and in his presence, record the testimony of the witness. The
				testimony shall be taken stenographically or recorded by other means as
				stipulated to by the parties, if requested by one of the parties, the testimony
				shall be transcribed. Objections to the notice, qualifications of the officer
				taking the deposition, or to the manner of taking it, or to the evidence
				presented or to the conduct of the officer, or of any party, shall be noted by
				the officer upon the deposition. All objections by any party not so made are
				waived.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-290, filed 10/17/90, effective 11/17/90; Regulation .08.290,
				  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 308-08-300 - Depositions and interrogatories in adjudicative proceedings - Signing attestation and return

Current through Register Vol. 24-14, July 15, 2024
(1) When the
			 testimony is fully transcribed, the deposition shall be submitted to the
			 witness for examination and shall be read to or by him, unless such examination
			 and reading are waived by the witness and by the parties. Any changes in form
			 or substance which the witness desires to make shall be entered upon the
			 deposition by the officer with a statement of the reasons given by the witness
			 for making them. The deposition shall then be signed by the witness, unless the
			 parties by stipulation waive the signing or the witness is ill or cannot be
			 found or refuses to sign. If the deposition is not signed by the witness, the
			 officer shall sign it and state on the record the fact of the waiver or of the
			 illness or absence of the witness or the fact of the refusal to sign together
			 with the reason, if any, given therefor; and the deposition may then be used as
			 fully as though signed, unless on a motion to suppress, the department holds
			 that the reasons given for the refusal to sign require rejection of the
			 deposition in whole or in part.
(2)
			 The officer shall certify on the deposition that the witness was duly sworn by
			 him and that the deposition is a true record of the testimony given by the
			 witness. The officer shall then securely seal the deposition in an envelope
			 indorsed with the title of proceeding and marked "Deposition of (here insert
			 name of witness)" and shall promptly serve it on the person who ordered the
			 transcript. Upon payment of reasonable charges therefor, the officer shall
			 furnish a copy of the deposition to any party or to the deponent.
Statutory Authority:
				  RCW
				  34.05.220(1)(a). 90-21-086,
				  § 308-08-300, filed 10/17/90, effective 11/17/90; Regulation .08.300,
				  effective 3/23/60.