Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-110 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) Within ninety
			 days after the conclusion of a full adjudicative proceeding or after submission
			 of memos, briefs, or proposed findings that the administrative law judge may
			 allow after the adjudicative proceeding, the administrative law judge shall
			 prepare an initial order for signature by the director.
(2) The initial order shall include a
			 statement of findings and conclusions and the reasons and basis on all the
			 material issues of fact, law, or discretion presented on the record, including
			 the remedy or sanction. Any findings based substantially on credibility of
			 evidence or demeanor of witnesses shall be so identified. Findings set forth in
			 language that is essentially a repetition or paraphrase of the relevant
			 provision of law shall be accompanied by a concise and explicit statement of
			 the underlying evidence of record to support the findings. The initial order
			 shall also include a statement of the available procedures and time limits for
			 seeking reconsideration or other administrative relief. An initial order shall
			 include a statement of any circumstances under which the initial order, without
			 further notice, may become a final order.
(3) Findings of fact shall be based
			 exclusively on the evidence of record in the adjudicative proceeding and on
			 matters officially noticed in that proceeding. Findings shall be based on the
			 kind of evidence on which reasonably prudent persons are accustomed to rely in
			 the conduct of their affairs. Findings may be based on such evidence even if it
			 would be inadmissible in a civil trial. However, the administrative law judge
			 shall not base a finding exclusively on such inadmissible evidence unless the
			 administrative law judge determines that doing so would not unduly abridge the
			 parties' opportunities to confront witnesses and rebut evidence. The basis for
			 this determination shall appear in the order.
(4) Where it bears on the issues presented,
			 the experience, technical competency, and specialized knowledge of the office
			 may be used in the evaluation of evidence.
(5) If an administrative law judge becomes
			 unavailable for any reason before the entry of the order, a substitute
			 administrative law judge shall be appointed by the office of administrative
			 hearings. The substitute administrative law judge shall use any existing record
			 and may conduct any further proceedings appropriate in the interests of
			 justice. Any action taken by a duly appointed administrative law judge for an
			 unavailable administrative law judge is as effective as if taken by the
			 unavailable administrative law judge.
(6) The administrative law judge shall cause
			 to be served copies of the order on all parties.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-110, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-110, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-110, filed
				  4/5/84.