Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
					 chapter unless the context clearly requires otherwise.
(1) "Adjudicative clerk's office" means the
				  unit with responsibility for: Docketing; service of orders; and maintaining
				  custody of the adjudicative proceeding record, whose address is:
Department of Health
Adjudicative Clerk's Office
P.O. Box 47879
Olympia, WA 98504-7879
(2) "Adjudicative proceeding" or "hearing"
				  means a proceeding required by statute or constitutional right and conducted
				  under the rules of this chapter, which provides an opportunity to be heard by
				  the board prior to the entry of a final order under this chapter.
(3) "Board" means a board or commission
				  disciplining authority under
				  RCW
				     18.130.040(2)(b).
(4) "Brief adjudicative proceeding" means an
				  adjudicative proceeding or hearing, the scope or conduct of which is limited as
				  provided in this chapter.
(5)
				  "Department" means the Washington state department of health and, where
				  appropriate, the secretary of the Washington state department of health or the
				  secretary's designee.
(6) "Docket"
				  or "docketing" means the list or calendar of causes set to be heard at a
				  specified time, prepared by the adjudicative clerk's office for the use of the
				  department.
(7) "Filing" means
				  receipt by the adjudicative clerk's office.
(8) "Initiating document" means a written
				  agency document which initiates action and which creates the right to an
				  adjudicative proceeding. Initiating documents may be a statement of charges,
				  notice of intent to deny, or any other document indicating the action or
				  proposed action to be taken.
(9)
				  "License" has the same meaning as defined in
				  RCW
				     34.05.010 and includes license to practice
				  the profession for which the board is the disciplining authority and any
				  approval of school or curriculum required by law or rule to be obtained from
				  the board.
(10) "Presiding officer"
				  means the person who is assigned to conduct an adjudicative proceeding and who
				  may either be a member of the board, an individual appointed pursuant to
				  RCW
				     18.130.095(3), or an
				  administrative law judge employed by the office of administrative
				  hearings.
(11) "Presiding officer
				  for brief adjudicative proceedings" means an employee of the department
				  authorized by the board to conduct brief adjudicative proceedings.
(12) "Program" means the administrative unit
				  within the department responsible for implementation of that chapter of Title
				  18 RCW establishing the board or its powers and responsibilities.
(13) "Protective order" means an order issued
				  under this chapter which limits the use of, access to, or disclosure of
				  information or evidence.
(14)
				  "Respondent" means a license holder or applicant for license under the
				  jurisdiction of the board who is named in an initiating document.
(15) "Secretary" means the secretary of the
				  department of health or his or her designee.
(16) "Show cause hearing" means a hearing
				  authorized under
				  RCW
				     18.130.135 and WAC
				  246-11-340
				  for the limited purpose of determining whether a summary action taken by the
				  disciplining authority shall remain in effect pending a full administrative
				  hearing.
(17) "Summary action"
				  means an agency action to address an immediate threat to the public health,
				  safety, or welfare and includes, but is not limited to, an order of summary
				  suspension, and an order of summary restriction of a license.
Statutory Authority:
						RCW
						   18.130.135 and
						43.70.040. 09-03-089, §
						246-11-010, filed 1/20/09, effective 2/20/09. Statutory Authority:
						RCW
						   18.155.040. 97-13-015, § 246-11-010,
						filed 6/6/97, effective 7/7/97. Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-010, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						34.05.220. 93-08-003 (Order 347),
						§ 246-11-010, filed 3/24/93, effective
						4/24/93.