reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-110 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The office
			 reserves the right to determine that a public record requested in accordance
			 with the procedures outlined in WAC
			 326-07-080 is exempt under the
			 provisions of RCW  42.17.310.
(2) In
			 addition, pursuant to RCW  42.17.260(1), the office reserves the right to delete
			 identifying details when it makes available or publishes any public record, in
			 any cases where there is reason to believe that disclosure of such details
			 would be an invasion of personal privacy protected by chapter 42.17 RCW. The
			 public records officer will fully justify such deletion in writing.
(3) 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 records withheld.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-110, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-120 - Review of denials of public records request

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a
			 request for a public record may petition for a review of such decision by
			 tendering a written request for review. The written request shall specifically
			 refer to the written statement by the public records officer which constituted
			 or accompanied the denial.
(2)
			 Immediately after receiving a written request for review of a decision denying
			 a public record, the public records officer shall refer it to the director, who
			 shall consider the matter in a timely manner. The request shall be returned
			 with a final decision, within two business days following the original
			 denial.
(3) Administrative remedies
			 shall not be considered exhausted until the office has returned the petition
			 with a decision or until the close of the second business day following denial,
			 whichever occurs first.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-120, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-130 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) No
			 person shall knowingly alter, deface, or destroy public records of the
			 agency.
(2) Original copies of
			 public records of the office shall not be removed from the office.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-130, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-140 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) A chronological
			 index shall be maintained by the public records officer on the following:
(a) All final orders entered after June 30,
			 1990, issued in adjudicative proceedings;
(b) Declarative orders entered after June 30,
			 1990, that are issued pursuant to
			 RCW
			  34.05.240;
(c) Interpretative statements as defined in
			 RCW
			  34.05.010(8) that were
			 entered after June 30, 1990; and
(d) Policy statements as defined in
			 RCW
			  34.05.010(14) that were
			 entered after June 30, 1990.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-07 - Public records rules and regulations for the office of minority and women's business enterprises › Section 326-07-150 - Communications with the office

Current through Register Vol. 24-14, July 15, 2024
All communications with the office, including but not limited
				to, the submission of materials pertaining to its operations and/or the
				administration or enforcement of chapter 42.17 RCW and these rules, requests
				for copies of the office's rules, and other matters, shall be addressed as
				follows:
Office of Minority and Women's
Business Enterprises c/o Public Records Officer
P.O. Box 41160
Olympia, Washington 98504-1160
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-07-150, filed 12/2/92,
				  effective 1/2/93.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to effectuate the intent of
				chapter
				39.19 RCW by providing
				procedures for adjudicative proceedings to review decisions by the office to
				decertify or deny certification of a business and for the assessment of
				penalties.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-010, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-010, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-011 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The Administrative Procedure Act provides
			 for brief adjudicative proceedings in
			 RCW
			  34.05.482 through
			 34.05.494. The office will conduct
			 brief adjudicative proceedings where it does not violate any provision of law
			 and where protection of the public interest does not require the office to give
			 notice and an opportunity to participate to persons other than the parties. If
			 an adjudicative proceeding is requested, a brief adjudicative proceeding will
			 be conducted where the matter involves one or more of the following:
(a) A denial of certification under WAC
			 326-20-171; or
(b) A decertification of a firm under WAC
			 326-20-172; or
(c) An assessment of a penalty under WAC
			 326-02-050.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-012 - Application for and conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) An application
			 for a brief adjudicative proceeding must be filed within twenty days from the
			 date of service of the office's notice of action. A request for brief
			 adjudication proceeding must set forth in detail the reasons the applicant
			 believes the office's decision to deny certification is in error and include
			 any additional information and documentation the applicant has to offer. Other
			 parties may file a written response, including supporting affidavits, within
			 ten days after receipt of the application for a brief adjudicative proceeding.
			 Copies of the response shall be served on all parties.
(2) Brief adjudicative proceedings shall be
			 conducted by a presiding officer for brief adjudicative proceedings designated
			 by the director. The presiding officer for brief adjudicative proceedings shall
			 have agency expertise in the subject matter but shall not have personally
			 participated in the decision to issue the initiating document.
(3) Accommodations.
(a) If limited English-speaking or hearing
			 impaired parties will be involved in a brief adjudicative proceeding and need
			 an interpreter, an interpreter will be provided at no cost to the party or
			 witness.
(b) If disabled parties or
			 witnesses will be involved in a proceeding and need accommodation of facilities
			 or services, the office will provide reasonable accommodation.
(c) Any party or witness requiring an
			 interpreter or accommodation shall notify the office at the time of the request
			 for a brief adjudicative proceeding.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-013 - Initial orders on brief adjudicative proceedings; review of initial orders

Current through Register Vol. 24-14, July 15, 2024
(1) Initial
			 orders on brief adjudicative proceedings shall become final twenty-one days
			 after service of the initial order unless:
(a)
			 A petition for review of an initial order is served by certified mail,
			 registered mail, or personal service upon the office, and copies shall be
			 served on all parties. A petition for review of an initial order shall contain
			 an explanation of the party's view of the matter and a statement of reasons why
			 the initial order is incorrect; or
(b) On its own initiative, the office
			 determines to review the matter and, within twenty-one days of service of the
			 initial order, provides notice to the parties of the date by which a
			 determination shall be made.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-015 - Full adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
At the office's discretion or a presiding officer's
				determination that to protect the public interest or if the interest involved
				in the controversy warrants the use of more formal hearing procedures, the
				office or presiding officer can convert a brief adjudicative proceeding to a
				full adjudicative proceeding.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-015, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-015, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 85-14-101
				  (Order 85-6), §
										326-08-015, filed
				  7/2/85.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-016 - Commencement of a full adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) The office shall commence a full
			 adjudicative proceeding within ninety days after the determination that the use
			 of more formal hearing procedures is required.
(2) A full adjudicative proceeding commences
			 when the office notifies a party that a prehearing conference, hearing, or
			 other stage of an adjudicative proceeding will be conducted.
(3) Within thirty days after receipt of the
			 request for an adjudicative proceeding, the office shall examine the request,
			 notify the requestor of any obvious errors or omissions, request any additional
			 information the office wishes to obtain and is permitted by law to require, and
			 notify the requestor of the name, mailing address, and telephone number of the
			 office that may be contacted regarding the request.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-016, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-016, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-018 - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
The presiding officer in a full adjudicative proceeding is the
				administrative law judge designated by the office of administrative hearings
				after notice of hearing is issued by the office.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-018, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-018, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-020 - General procedures rules for full adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The provisions of chapter 10-08 WAC, "Model rules of procedure"
				shall apply to full adjudicative hearings regarding certification or penalties
				by the office.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-020, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-020, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-020, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-030 - Amendments apply to pending cases

Current through Register Vol. 24-14, July 15, 2024
An amendment to this chapter applies to cases pending at the
				time of the adoption of the amendment, unless the amendment or rule-making
				order says that it does not apply to pending cases. An amendment to this
				chapter does not require that anything already done be redone to comply with
				the amendment unless the amendment expressly says so.
Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-030, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-035 - Who may appear

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to
			 a full adjudicative proceeding may participate personally.
(2) The owner of the majority interest in a
			 certified business is a necessary party and shall appear on behalf of the
			 business.
(3) A former employee of
			 the office shall not, at any time after severing his or her employment with the
			 office, appear as a representative or expert witness on behalf of a petitioner
			 in a matter in which he or she previously took an active part as a
			 representative of the office, except with the written permission of the
			 director.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-035, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-035, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-040 - Who may appear in a representative capacity

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to an adjudicative proceeding
			 may be represented or advised by:
(a) An
			 attorney admitted to practice before the Washington state supreme
			 court;
(b) Other attorney admitted
			 to practice before the highest court of any other state, if attorneys from
			 Washington state are permitted to appear in a representative capacity before
			 administrative agencies of that state, and if not otherwise prohibited by
			 Washington law;
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-050 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) When a full
			 adjudicative proceeding is commenced, the office will issue a notice to all
			 parties and to the office of administrative hearings as provided by
			 RCW
			  34.05.434.
(2) Time. All parties shall be served with
			 notice not less than twenty days before the hearing.
(3) The notice shall include:
(a) The names and mailing addresses of all
			 parties to whom notice is being given and, if known, the names and addresses of
			 their representatives;
(b) The name
			 of the proceeding;
(c) The name,
			 official title, mailing address, and telephone number of the presiding officer,
			 if known;
(d) A statement of the
			 time, place, and nature of the proceeding;
(e) A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
(f) A reference to the particular sections of
			 the statutes and rules involved;
(g) A short and plain statement of the
			 matters asserted by the agency; and
(h) A statement that a party who fails to
			 attend or participate in a hearing or other stage of an adjudicative proceeding
			 may be held in default in accordance with WAC
			 326-08-105.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-051 - Accommodations

Current through Register Vol. 24-14, July 15, 2024
(1) If limited
			 English-speaking or hearing impaired parties or witnesses will be involved in
			 an adjudicative proceeding and need an interpreter, an interpreter will be
			 provided at no cost to the party or witness.
(2) If disabled parties or witnesses will be
			 involved in a hearing and need accommodation of facilities or services, the
			 office will provide reasonable accommodation.
(3) Any party or witness requiring an
			 interpreter or accommodation shall notify the office at the time of the request
			 for an adjudicative proceeding.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-051, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-070 - Service of papers

Current through Register Vol. 24-14, July 15, 2024
(1) All notices,
			 pleadings, and other papers filed with the presiding officer shall be served
			 upon all counsel and representatives of record and upon unrepresented parties
			 or upon their agents designated by them or by law.
(2) Service shall be made personally or,
			 unless otherwise provided by law, by first-class, registered, or certified
			 mail; by telegraph, by electronic telefacsimile transmission and same-day
			 mailing of copies, or by commercial parcel delivery company.
(3) Service by mail shall be regarded as
			 completed upon deposit in the United States mail properly stamped and
			 addressed. Service by telegraph shall be regarded as completed when deposited
			 with a telegraph company properly addressed and with charges prepaid. Service
			 by electronic telefacsimile transmission shall be regarded as completed upon
			 production by the telefacsimile device of confirmation of transmission. Service
			 by commercial parcel delivery shall be regarded as completed upon delivery to
			 the parcel delivery company with charges prepaid.
(4) Papers required to be filed with the
			 office shall be deemed filed upon actual receipt during office hours at any
			 location of the office. Papers required to be filed with the presiding officer
			 shall be deemed filed upon actual receipt during office hours at the office of
			 the presiding officer.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-24-107,
				  §
										326-08-070, filed 12/2/92,
				  effective 1/2/93; 92-15-077, §
										326-08-070, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-070, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-080 - Who may issue subpoenas

Current through Register Vol. 24-14, July 15, 2024
Subpoenas may be issued by the director of the office, the
				director's designee, the assigned administrative law judge, or an attorney for
				any party in the adjudicative proceeding as provided in
				RCW
				 34.05.446.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-080, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-080, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-090 - Service of subpoenas

Current through Register Vol. 24-14, July 15, 2024
Subpoenas may be served in any manner authorized by WAC
				326-08-070.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-090, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-090, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-095 - Burden of proof at a hearing

Current through Register Vol. 24-14, July 15, 2024
(1) At a hearing held pursuant to WAC
			 326-08-010, the burden of proof
			 shall be on the applicant to demonstrate that the applicant qualifies for
			 certification under
			 chapter
			 39.19 RCW and Title 326
			 WAC.
(2) The administrative law
			 judge shall only admit and consider evidence on the issue of whether the
			 office's decision to decertify or to deny certification based on the
			 information which was submitted or obtained by the office, was correct at the
			 time it was made.
(3) The
			 administrative law judge shall only admit and consider evidence related to the
			 grounds specified in the request for an adjudicative proceeding.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-095, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 86-17-018
				  (Order 86-2), §
										326-08-095, filed
				  8/11/86.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-100 - Procedures for settlement or disposition without a hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Disposition may
			 be made of any adjudicative proceeding by stipulation, consent order, default,
			 or summary judgment.
(2) Summary
			 judgment will be considered pursuant to a time schedule set by the
			 administrative law judge and may be decided without oral argument.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-100, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-100, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-105 - Default

Current through Register Vol. 24-14, July 15, 2024
(1) If a party fails
			 to attend or participate in a hearing or other stage of an adjudicative
			 proceeding, the administrative law judge may serve upon all parties a default
			 order with a statement of the grounds for the order.
(2) Within seven days after service of a
			 default order under subsection (1) of this section, the party against whom the
			 default order was entered may file a written motion to the administrative law
			 judge requesting that the order be vacated and stating the grounds relied upon.
			 The administrative law judge will set aside an order of default only upon a
			 showing of good and sufficient cause for such failure to appear or to request a
			 postponement prior to the scheduled time for hearing. In the event such order
			 of default is set aside, all interested parties shall be so notified in writing
			 and the matter restored to the hearing calendar.
Statutory Authority:
				  RCW
				  39.19.030(7). 92-15-077,
				  §
										326-08-105, filed 7/16/92,
				  effective 8/16/92.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-120 - Objections to initial order

Current through Register Vol. 24-14, July 15, 2024
(1) Any
			 party to a full adjudicative proceeding may file objections to an initial order
			 pursuant to
			 RCW
			  34.05.464.
(2) The objections to the initial order shall
			 be filed with the director within twenty days of the date of service of the
			 initial order. Copies of the objections to the initial order shall be served
			 upon all other parties.
(3) The
			 objections to the initial order shall specify the portions of the initial order
			 to which objection is taken and shall refer to the evidence of the record which
			 is relied upon to support each objection.
(4) Any party may file a reply to the
			 objections to the initial order. The reply shall be filed with the director
			 within ten days of the date of service of the objections to the initial order
			 and copies of the reply shall be served upon all other parties.
Statutory Authority:
				  RCW
				  39.19.030. 11-11-030, §
										326-08-120, filed 5/11/11,
				  effective 6/11/11. Statutory Authority:
				  RCW
				   39.19.030(7). 92-15-077,
				  §
										326-08-120, filed 7/16/92,
				  effective 8/16/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 84-09-002
				  (Order 84-5), §
										326-08-120, filed
				  4/5/84.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-130 - Review of initial order - Final order

Current through Register Vol. 24-14, July 15, 2024
(1) An initial order will become final
			 without further action by the office unless, within ninety days of the service
			 of the initial order:
(a) The director
			 determines that the initial order should be reviewed; or
(b) A party to the adjudicative proceeding
			 files objections to the initial order as required in WAC
			 326-08-120(2).
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-08 - Hearings procedures › Section 326-08-140 - Petition for reconsideration of a final order

Current through Register Vol. 24-14, July 15, 2024
(1) Within ten days of the service of a final
			 order or when an initial order becomes final, any party may file a petition for
			 reconsideration, stating the specific grounds upon which relief is requested.
			 The petition shall be filed with the office.
(2) No petition for reconsideration may stay
			 the effectiveness of an order.
(3)
			 If a petition for reconsideration is timely filed, the time for filing a
			 petition for judicial review does not commence until the director disposes of
			 the petition for reconsideration.
(4) The petition shall be disposed of by the
			 same person or persons who entered the final order, if reasonably available.
			 The disposition shall be in the form of a written order denying the petition,
			 granting the petition and dissolving or modifying the final order, or granting
			 the petition and remanding for further hearing by the administrative law
			 judge.
(5) The director is deemed
			 to have denied the petition for reconsideration, if, within twenty days from
			 the date the petition is filed, the director does not either:
(a) Dispose of the petition; or
(b) Serve the parties with a written notice
			 specifying the date by which it will act on the petition.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-010 - In general

Current through Register Vol. 24-14, July 15, 2024
(1) Any business
			 which meets the definition of a minority business enterprise, a women's
			 business enterprise, a minority woman's business enterprise, or a combination
			 minority and women's business enterprise, or socially and economically
			 disadvantaged business enterprise, or corporate-sponsored dealership as set
			 forth in this title, is eligible to be certified by the state of
			 Washington.
(2) It is not the
			 intent of the program to encourage the participation of businesses owned and
			 controlled by minorities, and/or women, and/or socially and economically
			 disadvantaged individuals, who have not encountered practices which prohibited
			 or limited their access to contract opportunities, markets, financing, and
			 other resources, based on their race, ethnic origin, or sex, or
			 disability.
(3) Notwithstanding the
			 provisions in subsection (1) of this section, to be eligible for certification,
			 any business applying for certification shall have obtained all licenses
			 necessary to lawfully conduct business in the state of Washington.
Statutory Authority:
				  RCW
				  39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-010, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-010, filed 5/11/92,
				  effective 6/11/92. Statutory Authority:
				  Chapter
				  39.19 RCW. 87-18-030
				  (Order 87-6), §
										326-20-010, filed 8/27/87.
				  Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order 83-3), §
										326-20-010, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-030 - Proof of minority status (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-030, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-20-030, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-035 - Presumptive group membership

Current through Register Vol. 24-14, July 15, 2024
(1)
			 After reviewing an applicant's sworn declaration of membership in a
			 presumptively disadvantaged group, the agency may ask the applicant to present
			 additional evidence that the person is a member of the identified group, if the
			 agency has a well-founded reason to question the applicant's claim of group
			 membership.
(2) The agency will
			 provide the applicant an explanation of the reason(s) for questioning the
			 applicant's group membership. The agency will consider whether the person has
			 held themselves out as a member of the group for an extended period of time
			 prior to application for certification, and whether the relevant community
			 regards the person as a member of that group. The agency may require the
			 applicant to produce appropriate documentation of group membership.
(3) The agency will not impose a
			 disproportionate burden on members of any particular designated group in
			 violation of Title VI of the Civil Rights Act of 1964.
(4) If the agency determines an individual
			 claiming membership of a presumed disadvantaged group is not a member, the
			 individual must demonstrate social and economic disadvantage on an individual
			 basis under WAC
			 326-20-045.
(5) The decisions concerning membership in a
			 designated group are subject to the certification appeals process outlined in
			 WAC
			 326-20-171.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-040 - Proof of woman's status (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-040, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-20-040, filed
				  10/28/83.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-045 - Proof of socially and economically disadvantaged status

Current through Register Vol. 24-14, July 15, 2024
The following guidance is adapted, with minor modifications,
				from the United States Small Business Administration's regulations concerning
				social and economic disadvantage determinations (see
				13 C.F.R.
				124.103(c) and
				124.104)  and  49 C.F.R. Part 26 .
				Each nonpresumptive socially and economically disadvantaged owner of a business
				applying for certification shall submit with the application form the statement
				of personal net worth and social and economic disadvantage forms with documents
				which show that the owner is a socially and economically disadvantaged
				individual. The final determination will be in the sole discretion of the
				office.
Statutory Authority:
				  RCW
				  39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-045, filed 4/6/04,
				  effective 5/7/04.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-046 - Proof of social disadvantage

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence of individual social
			 disadvantage must include the following elements:
(a) At least one objective distinguishing
			 feature that has contributed to social disadvantage, such as race, ethnic
			 origin, gender, disability, long-term residence in an environment isolated from
			 the mainstream of American society, or other similar causes not common to
			 individuals who are not socially disadvantaged;
(b) Personal experiences of substantial and
			 chronic social disadvantage in American society, not in other countries;
			 and
(c) Negative impact on entry
			 into or advancement in the business world because of the disadvantage. The
			 office will consider any relevant evidence in assessing this element. In every
			 case, however, the office will consider education, employment and business
			 history, where applicable, to see if the totality of circumstances shows
			 disadvantage in entering into or advancing in the business world.
(i) Education. The office will consider such
			 factors as denial of equal access to institutions of higher education and
			 vocational training, exclusion from social and professional association with
			 students or teachers, denial of educational honors rightfully earned, and
			 social patterns or pressures which discouraged the individual from pursuing a
			 professional or business education.
(ii) Employment. The office will consider
			 such factors as unequal treatment in hiring, promotions and other aspects of
			 professional advancement, pay and fringe benefits, and other terms and
			 conditions of employment; retaliatory or discriminatory behavior by an employer
			 or labor union; and social patterns or pressures which have channeled the
			 individual into nonprofessional or nonbusiness fields.
(iii) Business history. The office will
			 consider such factors as unequal access to credit or capital, acquisition of
			 credit or capital under commercially unfavorable circumstances, unequal
			 treatment in opportunities for government contracts or other work, unequal
			 treatment by potential customers and business associates, and exclusion from
			 business or professional organizations.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-047 - Proof of economic disadvantage

Current through Register Vol. 24-14, July 15, 2024
Evidence of individual social disadvantage must include the
				following elements:
(1) Submission of
			 narrative and financial information.
(a) Each
			 individual claiming economic disadvantage must describe the conditions, which
			 are the basis for the claim in a narrative statement, and must submit personal
			 financial information.
(b) When
			 married, an individual claiming economic disadvantage also must submit separate
			 financial information for his or her spouse, unless the individual and the
			 spouse are legally separated.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-048 - Presumption of disadvantage

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Social disadvantage. The agency rebuttably presumes the following persons are
			 socially disad-vantaged individuals for the purposes of certification,
			 consistent with  49 C.F.R. Part 26.67 : Women; persons who are black/African
			 American, Hispanic/Latino, Native American, Asian, Pacific Islander, native
			 Hawaiian, and Alaska native; and other minorities found disadvantaged by the
			 small business association.
(2)
			 Each presumptively socially disadvantaged applicant must submit a signed
			 declaration that she or he is socially and economically
			 dis-advantaged.
(3)
(a) Economic disadvantage. Each owner of a
			 firm applying for state certification must sign a declaration that he or she
			 has a personal net worth that does not exceed 1.32 million dollars, per WAC
			 326-20-049.
(b) Rebuttal of economic disadvantage. If the
			 statement of personal net worth that an individual submits under this section
			 shows that the individual's personal net worth exceeds 1.32 million dollars or
			 shows that a person has been able to accumulate substantial wealth, the
			 individual's economic disadvantage is rebutted, and the individual is not
			 deemed to be economically disadvantaged. Such an individual is no longer
			 eligible to participate in the program and cannot regain eligibility by making
			 an individual showing of disadvantage. The office is not required to have a
			 proceeding under this section in order to rebut the presumption of economic
			 disadvantage in this case.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-049 - Personal net worth

Current through Register Vol. 24-14, July 15, 2024
(1) Each
			 individual owner of a firm applying for state certification, whose ownership
			 and control are relied on for certification, must fill out a personal net worth
			 statement and sign a declaration that his or her personal net worth does not
			 exceed 1.32 million dollars. If any individual's personal net worth exceeds
			 1.32 million dollars, the individual's presumption of economic disadvantage is
			 rebutted and the individual does not meet the criteria for
			 certification.
(2) The office may
			 require additional financial information where necessary to accurately
			 determine an individual's personal net worth.
(3) In determining an individual's personal
			 net worth, the office will use the following criteria:
(a) Exclude the individual's ownership
			 interest in the applicant firm;
(b)
			 Exclude the individual's equity in his or her primary residence. The equity is
			 the market value of the residence less any mortgages and home equity loan
			 balances;
(c) Not use a contingent
			 liability to reduce the individual's net worth;
(d) With respect to assets held in vested
			 pension plans, individual retirement accounts, 401(k) accounts, or other
			 retirement savings or investment programs in which the assets cannot be
			 distributed to the individual at the present time without significant adverse
			 tax or interest consequences, include only the present value of such assets,
			 less the tax and interest penalties that would accrue if the asset were
			 distributed at the present time;
(e) Include any assets the individual has
			 transferred within two years prior to the application or renewal to:
(i) An immediate family member;
(ii) A trust where the beneficiary is an
			 immediate family member; or
(iii)
			 The applicant firm for less than fair market value.
(f) The assets described in (e) of this
			 subsection will not be counted toward an individual's personal net worth if:
(i) The applicant demonstrates that the
			 transfer is to or on behalf of an immediate family member for that individual's
			 education, medical expenses, or some other form of essential support;
			 or
(ii) The transfer is consistent
			 with the customary recognition of special occasions, such as birthdays,
			 graduations, anniversaries, and retirements.
(g) For the purposes of this section,
			 "immediate family member" means father, mother, husband, wife, son, daughter,
			 brother, sister, grandfather, grandmother, father-in-law, mother-in-law,
			 sister-in-law, brother-in-law, and domestic partner and civil unions recognized
			 under state law.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-050 - Proof of ownership of business

Current through Register Vol. 24-14, July 15, 2024
(1) In determining whether a socially and
			 economically disadvantaged participant(s) in a firm owns the business, the
			 agency considers all facts in the record viewed as a whole, including the
			 origin of all assets and how and when they were used in obtaining the firm. All
			 transactions for the establishment and ownership, or transfer of ownership,
			 must be in the normal course of business.
(2) To be an eligible for certification, a
			 firm must be at least fifty-one percent owned by a socially and economically
			 disadvantaged individual(s).
(a) In the case
			 of a sole proprietorship or other cases where documentary proof of ownership is
			 not available, the agency may undertake further investigation and may require
			 documents showing how and when the socially and economically disadvantaged
			 owner(s) interest in the business was acquired.
(b) In the case of a corporation, a socially
			 and economically disadvantaged individual(s) must own at least fifty-one
			 percent of each class of voting stock outstanding and fifty-one percent of the
			 aggregate of all stock outstanding.
(c) In the case of a partnership, a socially
			 and economically disadvantaged individual(s) must own at least fifty-one
			 percent of each class of partnership interest.
(d) In the case of a limited liability
			 company, a socially and economically disadvantaged individual(s) must own at
			 least fifty-one percent of each class of member interest.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-055 - Subsidiaries

Current through Register Vol. 24-14, July 15, 2024
An eligible firm must be owned by an individual(s) who is
				socially and economically disadvantaged, rather than owned by another firm,
				except as provided below:
(1) If a
			 socially and economically disadvantaged individ-ual(s) owns and controls a firm
			 through a parent or holding company that is established for tax,
			 capitalization, or other purposes consistent with industry practice; and the
			 parent or holding company owns and controls the subsidiary.
(2) The agency may certify such a subsidiary
			 if there is cumulatively fifty-one percent ownership of the subsidiary by a
			 socially and economically disadvantaged individual(s). Examples of such
			 subsidiaries include, but are not limited to:
(a) A socially and economically disadvantaged
			 individ-ual(s) owns one hundred percent of a holding company and has a wholly
			 owned subsidiary. The subsidiary may be certified, if it meets all other
			 requirements.
(b) A socially and
			 economically disadvantaged individ-ual(s) owns one hundred percent of the
			 holding company and owns fifty-one percent of a subsidiary. The subsidiary may
			 be certified, if all other requirements are met.
(c) A socially and economically disadvantaged
			 individ-ual(s) owns eighty percent of the holding company and the holding
			 company in turn owns seventy percent of a subsidiary. In this case, the
			 cumulative ownership of the subsidiary by disadvantaged individuals is
			 fifty-six percent (eighty percent of the seventy percent). This is more than
			 fifty-one percent, so the agency may certify the subsidiary, if all other
			 requirements are met.
(d) Same as
			 the examples in (b) and (c) of this subsection, but someone other than the
			 socially and economically disadvantaged owner(s) of the parent or holding
			 company control the subsidiary. Even though the subsidiary is owned by
			 disadvantaged individuals, through the holding or parent company, the agency
			 cannot certify it because it fails to meet control requirements.
(e) A socially and economically disadvantaged
			 individ-ual(s) owns sixty percent of the holding company and fifty-one percent
			 of a subsidiary. In this case, the cumulative ownership of the subsidiary by
			 disadvantaged individuals is approximately thirty-one percent. This is less
			 than fifty-one percent, so the agency cannot certify the subsidiary.
(f) The holding company, in addition to the
			 subsidiary seeking certification, owns several other companies. The combined
			 gross receipts of the holding companies and its subsidiaries are greater than
			 the size standard for the subsidiary seeking certification or the gross
			 receipts cap of WAC
			 326-20-096. Under
			 the rules concerning affiliation, the subsidiary fails to meet the size
			 standard and cannot be certified.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-060 - Community ownership

Current through Register Vol. 24-14, July 15, 2024
(1) When an
			 ownership interest arises in a nonapplicant spouse or registered domestic
			 partner solely because of community property laws, the agency will not
			 disqualify the applicant if both parties certify that:
(a) Only the applicant spouse or registered
			 domestic partner participates in the management of the busi-ness; and
(b) The nonparticipating spouse or registered
			 domestic partner relinquishes control over his/her community interest in the
			 business.
Washington Administrative Code › Title 326 - Minority and Women's Business Enterprises, Office of › Chapter 326-20 - Certification › Section 326-20-070 - Counting ownership held in trust

Current through Register Vol. 24-14, July 15, 2024
In determining whether the fifty-one percent ownership
				requirement is met, no stock or ownership held in trust shall be counted,
				except in the following cases:
(1)
			 Where both the trustee and the beneficiary are minorities, or both are women,
			 or both are socially and economically disadvantaged individuals, and the
			 trustee meets the control requirement; or
(2) Where the stock or ownership is held in
			 an irrevocable trust for the benefit of a minority, a woman, or a socially and
			 economically disadvantaged individual, and the minority, woman, or socially and
			 economically disadvantaged beneficiary meets the control requirement.
Statutory Authority:
				  RCW
				  39.19.030 and
				  39.19.120. 04-08-093, §
										326-20-070, filed 4/6/04,
				  effective 5/7/04. Statutory Authority:
				  RCW
				   39.19.030(7). 92-11-007,
				  §
										326-20-070, filed 5/11/92,
				  effective 6/11/92. Statutory Authority: 1983 c 120 §3(7). 83-22-045 (Order
				  83-3), §
										326-20-070, filed
				  10/28/83.