reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-035 - Contact information

Current through Register Vol. 24-14, July 15, 2024
Any person may obtain information about the commission or
				request access to its public records by contacting the commission using the
				contact information provided in WAC
				480-07-125.
				That information is current at the time of rule adoption but may change.
				Current information and additional contact information are available on the
				commission's web site, in person at the commission's offices, or by calling the
				commission's main public telephone number.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-04-035, filed 11/24/03, effective
				  1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-050 - Public information available without making a request for public records

Current through Register Vol. 24-14, July 15, 2024
Many of the commission's public records are publicly
				accessible on the commission's web site. Such documents include, but are not
				limited to, commission orders and notices, party filings in commission
				adjudications, regulated company filings, and documents containing general
				information about the commission, the industries and companies the commission
				regulates, and consumer assistance. Persons seeking commission documents should
				view the documents available on the commission's web site prior to submitting a
				public records request. Persons who need help finding such information may
				contact the commission's records center by calling the commission's general
				telephone number or sending an email to records@utc.wa.gov.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-04-050, filed 11/24/03, effective
				  1/1/04. Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160 and
				  81.04.160. 98-02-011 (Order R-446,
				  Docket No. A-970591), § 480-04-050, filed 12/29/97, effective 1/29/98.
				  Statutory Authority:
				  RCW
				  80.01.040. 92-07-006 (Order R-368, Docket No.
				  A-910530), § 480-04-050, filed 3/5/92, effective 4/5/92; Order R-43,
				  § 480-04-050, filed 4/5/73.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-060 - Public records available; hours for inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1) All of the
			 commission's public records are available for inspection and copying unless the
			 public record is exempt from disclosure under chapter 42.56 RCW (the Public
			 Records Act) or protected from disclosure under
			 RCW
			 80.04.095 or
			 81.77.210
			 (records that contain valuable commercial information), WAC
			 480-07-160
			 (Confidential information), a protective order the commission enters pursuant
			 to WAC
			 480-07-420
			 (Discovery-Protective orders), or other provision of law. Except as provided in
			 RCW 42.56.-070(8), the commission will not give, sell, or provide access to
			 lists of individuals if the information is requested for commercial
			 purposes.
(2) The commission will
			 promptly respond to requests for inspection and copying of public records as
			 provided in this chapter.
(3)
			 Public records are available for inspection and copying during the commission's
			 customary office hours specified in WAC
			 480-07-120.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-04-060, filed 11/24/03, effective
				  1/1/04. Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160 and
				  81.04.160. 98-02-011 (Order R-446,
				  Docket No. A-970591), § 480-04-060, filed 12/29/97, effective 1/29/98.
				  Statutory Authority:
				  RCW
				  80.01.040. 92-07-006 (Order R-368, Docket No.
				  A-910530), § 480-04-060, filed 3/5/92, effective 4/5/92. Order R-43,
				  § 480-04-060, filed 4/5/73.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-065 - Index of significant decisions

Current through Register Vol. 24-14, July 15, 2024
(1)
Content.
The commission will maintain and make available to the
			 public an index of the following:
(a) Final
			 orders the commission has entered after June 30, 1990, in adjudicative
			 proceedings that contain an analysis or decision of substantial importance to
			 the agency in carrying out its duties;
(b) Declaratory orders the commission has
			 entered after June 30, 1990, that contain an analysis or decision of
			 substantial importance to the agency in carrying out its duties; and
(c) Interpretive and policy statements the
			 commission has issued since June 30, 1990.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-090 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Definition. Except for requests for assistance to review or obtain documents on
			 the commission's web site, any request for identifiable public records is a
			 request for public records to which the commission must respond in compliance
			 with the Public Records Act. Requests for public records do not include:
(a) Requests for general information about a
			 subject or company that the commission regulates;
(b) Standing or ongoing requests for records
			 that do not exist at the time the commission receives the request;
(c) Requests that the commission create a new
			 document that compiles, organizes, collates, analyzes, summarizes, or is
			 otherwise derived from existing commission records; or
(d) Requests for all or substantially all
			 records prepared, owned, used, or retained by the commission.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-095 - Responding to requests for public records

Current through Register Vol. 24-14, July 15, 2024
The commission will provide the fullest assistance to
				requesters and the most timely possible action in response to requests for
				public records consistent with the intent of the Public Records Act to provide
				full public access to public records, to protect public records from damage or
				disorganization, and to prevent excessive interference with other essential
				commission functions.
(1)
Tracking.
Upon receiving a request for public records, the public
			 records officer will assign it a tracking number and log it into the
			 commission's public records request tracking system.
(2)
Task assignment.
Unless the
			 request clearly seeks only documents that are contained in the commission's
			 records center, the public records officer will assign the request as a task to
			 commission management personnel:
(a) To assess
			 whether the request is sufficiently clear in identifying the records the
			 requester seeks;
(b) To determine
			 whether the commission has or may have documents that are responsive to the
			 request;
(c) To develop a
			 reasonable estimate of the time required to search for any responsive
			 documents; and
(d) To provide any
			 responsive documents to the public records officer for processing.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-100 - Copying charges

Current through Register Vol. 24-14, July 15, 2024
The commission will charge to provide copies of public records
				as provided in this section.
(1)
Adoption of statutory copying charges.
The commission has not
			 calculated the actual costs for copying its records because to do so would be
			 unduly burdensome for the following reasons:
(a) The commission has insufficient resources
			 to conduct a comprehensive study to determine the actual costs of copying its
			 records;
(b) To conduct a study of
			 the commission's actual copying costs would interfere with other essential
			 agency functions; and
(c) The
			 legislature has established reasonable fees and costs in
			 RCW
			 42.56.120 after the public and requesters
			 have commented on, and been informed of, such fees and costs.
To timely implement a fee schedule consistent with the Public
				Records Act, it is more cost efficient and expeditious and in the public
				interest for the commission to adopt the legislature's approved fees and costs
				for most of the commission's records, as authorized in
				RCW
				42.56.120 and as published in the
				commission's fee schedule.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-120 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) If the commission denies a request for a
			 public record and the requester disagrees with the denial, the requester may
			 ask the public records officer, in writing, for a review of the denial. The
			 written request for review must describe or enclose the public records
			 officer's written statement that explains the reasons for the denial.
(2) The requester may hand deliver, or have a
			 courier deliver, the written request for review in person at the commission's
			 administrative office or the requester may send it by mail or email.
(3) The commission will promptly consider the
			 written request for review. The public records officer's denial becomes final
			 unless the commission modifies the decision within two business days after the
			 commission receives the request for review unless the requester and the
			 commission agree to a longer commission review period. The commission, however,
			 may modify a denial decision at a later time. Once the public records officer's
			 initial denial decision becomes final, the requester may seek judicial review
			 under
			 RCW
			 42.56.550, or the requester may request that
			 the Washington attorney general review any claims of exemptions pursuant to
			 RCW
			 42.56.530.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-04-120, filed 11/24/03, effective
				  1/1/04. Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160 and
				  81.04.160. 98-02-011 (Order R-446,
				  Docket No. A-970591), § 480-04-120, filed 12/29/97, effective 1/29/98.
				  Statutory Authority:
				  RCW
				  80.01.040. 92-07-006 (Order R-368, Docket No.
				  A-910530), § 480-04-120, filed 3/5/92, effective 4/5/92; Order R-43,
				  § 480-04-120, filed 4/5/73.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-04 - Public access to information and records › Section 480-04-130 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) Only
			 commission staff may copy public documents unless the public records officer
			 decides that copying by others will not disrupt commission business operations
			 or pose any risk to the integrity and safety of the documents.
(2) No person may take any public record from
			 the area the public records officer designates for public inspection of public
			 records unless expressly authorized to do so by the public records officer. No
			 person may disassemble or alter any document the commission allows that person
			 to inspect.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-04-130, filed 11/24/03, effective
				  1/1/04. Statutory Authority:
				  RCW
				  80.01.040,
				  80.04.160 and
				  81.04.160. 98-02-011 (Order R-446,
				  Docket No. A-970591), § 480-04-130, filed 12/29/97, effective 1/29/98.
				  Statutory Authority:
				  RCW
				  80.01.040. 92-07-006 (Order R-368, Docket No.
				  A-910530), § 480-04-130, filed 3/5/92, effective 4/5/92; Order R-43,
				  § 480-04-130, filed 4/5/73.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Section 480-07-010 - Scope of this chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter includes rules that explain how to conduct
				business with the Washington utilities and transportation commission
				commission). The commission interacts both informally and formally with the
				public and with the businesses it regulates.
Part I of this chapter includes basic information about the
				commission, such as the agency's office hours, its physical address and other
				contact information, and general requirements for communicating with the
				commission.
Part II includes provisions that relate specifically to
				rule-making proceedings, such as how a person may submit comments that will be
				taken into account when the commission considers making changes to its
				rules.
Part III concerns adjudicative proceedings including hearings
				on formal complaints, general rate proceedings, applications for authority,
				petitions for relief, and abbreviated proceedings that may be used in some
				circumstances.
Part IV concerns other types of commission proceedings,
				including regular and special open public meetings, interpretive and policy
				statements, declaratory orders, penalty assessments, and informal complaints.
These rules are authorized by and supplement the Administrative
				Procedure Act, chapter 34.05 RCW, and the statutes that define the commission's
				authority and responsibilities found principally in Titles 80 and 81 RCW. The
				commission's procedural rules should be interpreted in conjunction with these
				statutes.
Statutory Authority:
				  RCW
				  80.01.040 and
				  80.04.160. 03-24-028 (General
				  Order R-510, Docket No. A-010648), § 480-07-010, filed 11/24/03, effective
				  1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-100 - Scope of Part I

Current through Register Vol. 24-14, July 15, 2024
Part I of this chapter contains information about the
				  commission and general rules that apply in rule-making, adjudicative, and other
				  proceedings described in this chapter.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-100, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-110 - Exemptions from and modifications to commission rules; conflicts with other rules

Current through Register Vol. 24-14, July 15, 2024
(1)
Exemptions and modifications.
The commission, in response to a
				request or on its own initiative, may grant an exemption from, or modify the
				application of, any of its rules in individual circumstances if the exemption
				or modification is consistent with the public interest, the purposes underlying
				regulation, and applicable statutes. Consistent with due process and the public
				interest, the commission may modify the application of procedural rules in this
				chapter on its own initiative during a particular adjudication or other docket
				without following the process identified in subsection (2) of this
				section.
(2)
Process.
(a)
How to request an exemption from,
				or modification to, a rule.
To request a rule exemption or
				modification, a person must file with the commission a written petition
				identifying the rule for which the person seeks an exemption and providing a
				full explanation of the reason for requesting the exemption. Telecommunications
				companies, gas companies, or electric companies filing petitions for exemption
				under this section must provide an electronic copy of the request to the public
				counsel unit of the attorney general's office by email on the same day the
				request is filed with the commission.
(b)
Commission process.
The
				commission will assign the petition a docket number if the request does not
				arise in an existing docket, and will schedule the petition for consideration
				at one of the commission's regularly scheduled open meetings or in an
				adjudicative proceeding if appropriate under chapter 34.05 RCW. The commission
				will notify the person requesting the exemption and other interested persons of
				the date of the open meeting or hearing when the commission will consider the
				petition.
(c)
Standard for
				determination.
The commission uses the public interest standard to
				determine whether to grant an exemption from, or modification to, a commission
				rule. Factors the commission may consider in making this determination include
				whether the rule imposes an undue hardship on the requesting person of a degree
				or a kind different from hardships imposed on other similarly situated persons,
				and whether the effect of applying the rule to the requesting person would be
				contrary to the underlying purposes of the rule and the public
				interest.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-120 - Office hours

Current through Register Vol. 24-14, July 15, 2024
The commission's offices are open to the public between the
				  hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except on official
				  state holidays as defined in
				  RCW
				  1.16.050.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-120, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-125 - Commission contact information

Current through Register Vol. 24-14, July 15, 2024
The information included in this section is current at the
				  time of rule adoption but may change. Persons may obtain current and additional
				  contact information for the commission and its personnel by accessing the
				  commission's internet web site or by requesting the information in person at
				  the commission offices, by a telephone call to the commission's main public
				  number, or through an email to the commission's records center.
Location and mailing address:
Washington Utilities and Transportation
						  Commission 1300 S. Evergreen Park Drive S.W. P.O. Box 47250 Olympia, WA
						  98504-7250
Telephone: Public number Records center
						  number Consumer inquiries, comments and informal complaints
360-664-1160 360-664-1234 1-800-562-6150
Conference bridge for participating in
						  proceedings by telephone
360-664-3846
Web portal
www.utc.wa.gov/e-filing
Records center email
records@utc.wa.gov
Internet web site
www.utc.wa.gov
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 08-18-012 (Docket
					 A-072162, General Order R-550), § 480-07-125, filed 8/22/08, effective
					 9/22/08; 06-16-053 (Docket A-050802, General Order R-536), § 480-07-125,
					 filed 7/27/06, effective 8/27/06; 03-24-028 (General Order R-510, Docket No.
					 A-010648), § 480-07-125, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-130 - Time periods specified for acts governed by this chapter

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
(a) "Day" means
				calendar day whenever used in this chapter, unless otherwise
				specified.
(b) "Business day" as
				used in this chapter, means any day when the commission's offices are open to
				the public as provided in WAC
				480-07-120.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-140 - General requirements for submitting documents to the commission

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
(a)
Informal
				submissions
. Informal submissions are oral or written comments or
				communications directed to the commission that do not seek, or respond to,
				formal commission action, are not required by statute or commission rule, and
				generally are not filed in a docket. Informal submissions include, but are not
				limited to, consumer complaints other than complaints requesting commencement
				of an adjudicative proceeding, and public comments made on matters the
				commission considers at an open public meeting or in an adjudication when
				submitted by persons who are not, and do not seek to be, parties to that
				adjudication. A person may make informal submissions by using the comment form
				available on the commission's web site or by contacting the commission records
				center or consumer protection section by telephone, letter, or email at the
				contact information listed in WAC
				480-07-125.
(b)
Formal filings
. Formal
				filings are written submissions that seek or respond to formal commission
				action or are required by statute or commission rule and that the commission
				may file in a docket. Unless otherwise provided in this chapter, all documents
				submitted to the commission for formal filing, including documents that contain
				confidential information, must be submitted electronically to the commission
				records center in conformance with this rule. The commission will not accept a
				document for formal filing unless the commission receives that document in
				electronic form.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-141 - Commission receipt of a document is not filing or acceptance

Current through Register Vol. 24-14, July 15, 2024
The commission receives documents for administrative
				  purposes, and such receipt alone does not constitute filing or legal acceptance
				  of a document.
(1)
Compliance
				review.
Upon receipt, the commission will review a submission to
				determine whether it complies with applicable filing requirements prior to
				accepting it for filing and assigning a docket number, if applicable.
(2)
Notice of, and opportunity to
				correct, noncompliance.
The commission will identify any areas of
				noncompliance in the submission and will notify the person who made the
				submission within two business days, or as soon thereafter as practicable, of
				any areas of noncompliance that require corrective action before the commission
				can accept the document for filing. The notification will indicate one of the
				following:
(a) A requirement to submit one or
				more additional documents (e.g., a cover letter, certificate of service,
				etc.);
(b) A requirement to
				resubmit the document with the deficiencies corrected within a specified period
				of time; or
(c) Rejection of the
				document and its return to the sender.
The commission will consider corrected documents to have been
				  filed on the date the original documents were submitted if the deficiencies are
				  not substantive or otherwise do not impair or hamper the commission's ability
				  to timely review, analyze, or act on the merits of the submission. Otherwise,
				  the commission will consider the documents to have been filed on the date the
				  corrected documents are submitted.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-143 - Submitting documents in rule-making proceedings (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 06-16-053 (Docket
					 A-050802, General Order R-536), § 480-07-143, filed 7/27/06, effective
					 8/27/06; 03-24-028 (General Order R-510, Docket No. A-010648), §
					 480-07-143, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-145 - Filing documents in adjudicative proceedings (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 08-18-012 (Docket
					 A-072162, General Order R-550), § 480-07-145, filed 8/22/08, effective
					 9/22/08; 06-16-053 (Docket A-050802, General Order R-536), § 480-07-145,
					 filed 7/27/06, effective 8/27/06; 03-24-028 (General Order R-510, Docket No.
					 A-010648), § 480-07-145, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-150 - Commission service of documents

Current through Register Vol. 24-14, July 15, 2024
(1)
Commission service defined.
Commission service means sending or
				delivering notices, orders, or other commission documents from the commission
				to parties, regulated companies, or interested stakeholders. Such service
				includes, but is not limited to, commission service of documents in
				adjudications pursuant to WAC
				480-07-360.
(2)
Designation of person to receive
				service.
(a) Each party , regulated
				company, or interested stakeholder must designate at least one person to
				receive commission service of documents .
(b) Companies the commission regulates must
				provide the commission with current, accurate, and complete contact information
				for the company itself and at least one person who owns the company or who is
				employed or otherwise authorized by the company to receive commission service
				of documents on behalf of the company. Companies must inform the commission of
				any changes to this contact information as soon as practicable. The commission
				is not responsible for a company not receiving commission service of documents
				if the company fails to comply with this requirement.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-170 - Official communications from the commission

Current through Register Vol. 24-14, July 15, 2024
(1)
Definition.
An official
				communication from the commission notifies interested parties and the public of
				the agency's position, anticipated action, or resolution of issues in matters
				that come within the commission's statutory authority.
(2)
When a communication is
				official.
A communication from the commission is an official
				communication only if it is signed or otherwise verifiably issued or entered by
				the commissioners, the commission's secretary or other assistant deputized,
				designated, or delegated to perform commission duties pursuant to RCW
				80.01.-030, or the secretary's designee . In addition, the presiding
				administrative law judge or the administrative law judge's designee may sign,
				issue, or enter official communications relating to an adjudicative
				proceeding.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-170, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-175 - Inspection and production of documents in commission investigations

Current through Register Vol. 24-14, July 15, 2024
(1)
Inspection.
Every public service company must make its accounts,
				books, papers, and documents available for commission inspection at any and all
				times.
(2)
Production.
The commission may require a public service company to provide copies of
				documents to the commission for inspection at the commission's offices.
(a)
Format
. The commission
				will require a public service company to provide documents for commission
				inspection by serving the company with a letter or other writing signed by the
				secretary or an administrative law judge.
(b)
Response
. The public
				service company must provide the required documents, or any objections to
				providing those documents, to the commission within ten business days of the
				date the commission serves the letter or other writing unless the commission
				specifies a different deadline.
(c)
Objections
. Any objections the public service company gives in
				lieu of providing the requested documents must describe in detail the legal and
				factual basis for the company declining to provide the documents. Commission
				staff must file a response to the objections within five business days. The
				commission will notify the company of the disposition of its objections and the
				date by which the company must provide any requested documents the commission
				determines that the company must provide.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-180 - Incorporated and referenced materials in commission rules and orders

Current through Register Vol. 24-14, July 15, 2024
Any document that is incorporated by reference in a
				  commission rule or order is available for public inspection at the commission
				  unless exempt from the public disclosure requirements in chapter 42.56 RCW, or
				  under a protective order in an adjudicative proceeding. The commission's
				  secretary or public records officer will provide a copy of a referenced
				  document upon request, allowing reasonable time for any necessary copying,
				  subject to any applicable charge, and subject to copyright restrictions or
				  statutory exemptions from public disclosure. The commission incorporates or
				  references the version of the incorporated or referenced material that is
				  current on the day the commission adopts a rule, makes a ruling, or enters an
				  order that makes the incorporation or reference, unless the commission
				  specifies another version or unless another version is apparent from the
				  reference. In most instances, such information is available to the public on
				  the commission's web site.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 08-18-012 (Docket
					 A-072162, General Order R-550), § 480-07-180, filed 8/22/08, effective
					 9/22/08; 03-24-028 (General Order R-510, Docket No. A-010648), §
					 480-07-180, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part I - GENERAL PROVISIONS › Section 480-07-190 - Electronic signatures

Current through Register Vol. 24-14, July 15, 2024
(1)
Authorization.
To the extent authorized under
				RCW
				19.360.020, the commission will accept
				electronic signatures on all documents submitted to the commission for filing
				that applicable law requires or allows to be signed by hand if the electronic
				signature complies with this rule and any other applicable requirements (e.g.,
				of the entity on whose behalf the person is signing). The commission may use
				electronic signatures on documents it issues, enters, or serves including, but
				not limited to, orders, notices, and correspondence, to the extent authorized
				under RCW
				19.360.020.
(2)
Definitions.
(a) An electronic signature is one or more
				letters, characters, numbers, or other symbols in digital form incorporated in,
				attached to, or otherwise logically associated with an electronic document
				that:
(i) Identifies and authenticates a
				particular person as the source of the document; and
(ii) Indicates such person's intent to sign
				the document and approval of the information contained in that
				document.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part II - RULE-MAKING PROCEEDINGS › Section 480-07-200 - Scope of Part II

Current through Register Vol. 24-14, July 15, 2024
The rules in this part apply to all rule-making proceedings
				  before the commission.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-200, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part II - RULE-MAKING PROCEEDINGS › Section 480-07-210 - Administrative Procedure Act requirements

Current through Register Vol. 24-14, July 15, 2024
The commission conducts rule-making proceedings in compliance
				  with the requirements of
				  RCW
				  34.05.310 through
				  34.05.395.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-210, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part II - RULE-MAKING PROCEEDINGS › Section 480-07-220 - Monitoring rule-making proceedings; lists of interested persons

Current through Register Vol. 24-14, July 15, 2024
(1)
information.
The commission's web site includes information about
				each pending rule-making proceeding under the docket number the commission has
				assigned to that rule making.
(2)
Notification.
The commission maintains lists of persons
				interested in potential rule-making proceedings that concern particular
				regulated industries and other areas of potential interest. The commission
				sends notice of rule-making proceedings via e-mail to persons on these lists.
				Any person may request in writing that the commission's records center include
				them on the relevant list or lists . Such requests must include the person's
				name, entity and title (if the person is representing a company, association,
				or other organization), and e-mail address. The commission may establish a fee
				for this service.
(3)
Individual rule making.
The commission also maintains a
				distribution list of persons to whom it sends electronic copies of notices,
				orders, or other documents it issues in individual rule making. Any interested
				person may be included on the distribution list the commission maintains for
				specific rule making by requesting in writing to be included on that list. Such
				requests must include the person's name, entity and title (if the person is
				representing a company, association, or other organization), and e-mail
				address. In addition, the commission generally will include on that
				distribution list persons who file comments in the rule making unless those
				persons submit only generic comments as a member of an organization or other
				entity that prepared, sponsored, or otherwise generated or arranged for those
				comments.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 06-16-053 (Docket
					 A-050802, General Order R-536), § 480-07-220, filed 7/27/06, effective
					 8/27/06; 03-24-028 (General Order R-510, Docket No. A-010648), §
					 480-07-220, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part II - RULE-MAKING PROCEEDINGS › Section 480-07-230 - Inquiring about rule-making proceedings

Current through Register Vol. 24-14, July 15, 2024
Persons who wish to inquire about rules being proposed or
				  considered by the commission may contact the commission's rules coordinator,
				  whose contact information is available on the commission's web
				  site.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-230, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part II - RULE-MAKING PROCEEDINGS › Section 480-07-240 - Petitions for rule making, amendment, or repeal

Current through Register Vol. 24-14, July 15, 2024
Any interested person may petition the commission to request
				  that the commission adopt, amend, or repeal any rule.
				  RCW
				  34.05.330 and chapter 82-05 WAC govern
				  petitions for new rules or for the amendment or repeal of existing
				  rules.
Statutory Authority:
					 RCW
					 80.01.040 and
					 80.04.160. 03-24-028 (General
					 Order R-510, Docket No. A-010648), § 480-07-240, filed 11/24/03, effective
					 1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part II - RULE-MAKING PROCEEDINGS › Section 480-07-250 - Submitting documents in rule-making proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of rule.
This section
				governs communications to the commission in rule-making proceedings. These
				rules are in addition to the general rules for communicating with the
				commission in WAC
				480-07-140.
(2)
Submitting comments.
All
				written comments submitted in a rule making must be addressed to the commission
				secretary.
(3)
Methods for
				delivering comments and other communications.
The commission will accept
				only electronic copies of comments or other documents submitted for filing in a
				rule-making proceeding. A person must submit such documents by sending them to
				the commission through the records center web portal, at the address provided
				in WAC 480-07-125 or the commission's
				web site, without providing a paper copy. If a person is unable to use the
				records center web portal to submit documents for filing, the commission will
				accept a submission via e-mail as provided in WAC
				480-07-140(5)(b)
				or on a disc or other commonly used electronic storage medium by mail or hand
				delivery as provided in WAC
				480-07-140(5)(c),
				without providing a paper copy.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-300 - Scope of Part III

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope.
The rules in this subpart apply to all adjudicative
				  proceedings described in this chapter, except to the extent of any conflict
				  with special rules that govern general rate proceedings (subpart B of this
				  chapter) or abbreviated adjudicative proceedings (subpart C of this chapter).
				  An adjudicative proceeding for purposes of this chapter is a proceeding in
				  which an opportunity for hearing is required by statute or constitutional right
				  or is a proceeding the commission voluntarily commences as an adjudication as
				  defined and described in chapter 34.05 RCW.
(2)
Examples of adjudicative
				  proceedings before the commission.
The following are nonexclusive
				  examples of adjudicative proceedings for purposes of this chapter once the
				  commission takes formal action to commence such a proceeding pursuant to WAC
				  480-07-035:
(a) Formal complaint proceedings
				  commenced pursuant to
				  RCW
				  80.04.110 or
				  81.04.110 or complaints the
				  commission initiates.
(b) Suspended
				  tariff filings including, but not limited to, tariffs increasing
				  rates.
(c) Applications for
				  authority (e.g., certificates, licenses, and permits) to which a person has
				  filed an objection or protest or as to which the commission has issued a notice
				  of intent to deny the application and grants a request for hearing.
(d) Petitions for enforcement of
				  interconnection agreements.
(e)
				  Objections to closures of highway-railroad grade crossings.
(f) Declaratory order proceedings.
(g) Challenges to, or requests for mitigation
				  of, a penalty assessment when the commission grants a request for a
				  hearing.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-305 - Commencement of an adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1)
Commencement.
The commission
				  may commence an adjudicative proceeding at any time with respect to any matter
				  within its jurisdiction and within the scope of its authority. An adjudicative
				  proceeding begins when the commission notifies a party that the commission will
				  conduct a prehearing conference, hearing, or other stage of an adjudicative
				  proceeding.
(2)
Who may seek
				  to commence an adjudicative proceeding.
A person involved in an actual
				  case or controversy subject to the commission's jurisdiction may apply to the
				  commission to commence an adjudicative proceeding by submitting the appropriate
				  form of pleading.
(3)
Types
				  of pleadings that request an adjudicative proceeding.
The following
				  pleadings, when properly and timely submitted for filing, constitute
				  applications for adjudicative proceedings:
(a) Formal complaints submitted by persons
				  other than commission staff.
(b)
				  Petitions for commission action when the relief requested requires adjudication
				  or when the commission determines the issues presented should be resolved
				  through adjudication.
(c) Petitions
				  for declaratory orders under RCW 34.05.-240, when the commission determines
				  that an adjudicative process is necessary to provide parties the opportunity to
				  resolve contested issues.
(d)
				  Requests for a hearing to contest, or seek mitigation of, penalties assessed
				  without a prior hearing.
(e)
				  Protests of, or objections to, a pplications for authority .
(f) Requests for hearing to contest a
				  commission notice of intent to deny an unprotested application for
				  authority.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-307 - Probable cause determinations

Current through Register Vol. 24-14, July 15, 2024
An administrative law judge will review the information or
					 evidence supporting any complaint commission staff proposes to have the
					 commission issue and will determine whether probable cause exists to issue the
					 complaint . Upon determining that the information would sustain the complaint
					 if proved at hearing and not rebutted or explained, the judge will sign the
					 complaint on behalf of the commission. The existence of a finding of probable
					 cause may not in any later stage of the proceeding be considered as support for
					 the complaint.
Statutory Authority: 2006 c 246,
						RCW
						80.01.040 and
						80.04.160. 06-17-126 (Docket
						A-060357, General Order No. R-538), § 480-07-307, filed 8/21/06, effective
						9/21/06.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-310 - Ex parte communication

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
RCW
				  34.05.455 and this section govern ex parte
				  communications. After an adjudicative proceeding begins and before a final
				  resolution of the proceeding, no person who has a direct or indirect interest
				  in the outcome of the proceeding, including the commission's advocacy or
				  investigative staff, may directly or indirectly communicate about the merits of
				  the proceeding with the commissioners, the administrative law judge assigned to
				  the adjudication, or the commissioners' assistants, advisory staff, legal
				  counsel, or consultants assigned to advise the commissioners in that
				  proceeding, unless reasonable notice is given to all parties to the proceeding
				  so that they may participate in, or respond to, the communication.
(2)
Communications not considered ex
				  parte for purposes of this section.
The following communications are not
				  considered ex parte:
(a)
Procedural
				  aspects.
Communications concerning procedural aspects of the
				  proceeding, such as scheduling, are not ex parte communications prohibited by
				  RCW
				  34.05.455, or by this section.
(b)
Commissioners, commission
				  employees, and consultants.
As presiding officers, commissioners and
				  administrative law judges may receive legal counsel or consult with assistants,
				  advisory staff, or consultants who are subject to the presiding officer's
				  supervision or who have not participated in the proceeding in any manner, and
				  who are not engaged in any investigative or advocacy functions in the same or a
				  factually related case. The presiding officers and these assistants, advisory
				  staff, and consultants also may communicate with one another regarding the
				  merits of any adjudicative proceeding.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-320 - Consolidation of proceedings

Current through Register Vol. 24-14, July 15, 2024
The commission, in its discretion, may consolidate two or
					 more proceedings in which the facts or principles of law are related. Parties
					 may request consolidation or may request the severance of consolidated matters
					 by motion to the commission. The commission may act on its own motion to
					 consolidate matters for hearing, or to sever consolidated
					 matters.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-320, filed 11/24/03, effective
						1/1/04.