Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-380 - Official notice - Material facts

Current through Register Vol. 24-14, July 15, 2024
In the absence of controverting evidence, the board of pilotage
				commissioners and its hearing officers, upon request made before or during a
				hearing, may officially notice:
(1)
Agency proceedings.
The pendency of, the issues and position of
			 the parties therein, and the disposition of any proceeding then pending before
			 or theretofore concluded by the board of pilotage commissioners;
(2)
Business customs.
General
			 customs and practices followed in the transaction of business;
(3)
Notorious facts.
Facts so
			 generally and widely known to all well-informed persons as not to be subject to
			 reasonable dispute, or specific facts which are capable of immediate and
			 accurate demonstration by resort to accessible sources of generally accepted
			 authority, including but not exclusively, facts stated in any publication
			 authorized or permitted by law to be made by any federal or state officer,
			 department, or agency;
(4)
Technical knowledge.
Matters within the technical knowledge of the
			 board of pilotage commissioners as a body of experts, within the scope or
			 pertaining to the subject matter of its statutory duties, responsibilities or
			 jurisdiction;
(5)
Request or
			 suggestion.
Any party may request, or the hearing officer or the board
			 of pilotage commissioners may suggest, that official notice be taken of a
			 material fact, which shall be clearly and precisely stated, orally on the
			 record, at any prehearing conference or oral hearing or argument, or may make
			 such request or suggestion by written notice, any pleading, motion, memorandum,
			 or brief served upon all parties, at any time prior to a final
			 decision;
(6)
Statement.
Where an initial or final decision of the board of pilotage
			 commissioners rests in whole or in part upon official notice of a material
			 fact, such fact shall be clearly and precisely stated in such decision. In
			 determining whether to take official notice of material facts, the hearing
			 officer of the board may consult any source of pertinent information, whether
			 or not furnished as it may be, by any party and whether or not admissible under
			 the rules of evidence;
(7)
Controversion.
Any party may controvert a request or a suggestion
			 that official notice of a material fact be taken at the time the same is made
			 if it be made orally, or by a pleading, reply or brief in response to the
			 pleading or brief or notice in which the same is made or suggested. If any
			 decision is stated to rest in whole or in part upon official notice of a
			 material fact which the parties have not had a prior opportunity to controvert,
			 any party may controvert such fact by appropriate exceptions if such notice be
			 taken in an initial or intermediate decision or by a petition for
			 reconsideration if notice of such fact be taken in a final report. Such
			 controversion shall concisely and clearly set forth the sources, authority and
			 other data relied upon to show the existence or nonexistence of the material
			 fact assumed or denied in the decision;
(8)
Evaluation of evidence.
Nothing herein shall be construed to preclude the board of pilotage
			 commissioners or its authorized agents from utilizing their experience,
			 technical competence, and specialized knowledge in the evaluation of the
			 evidence presented to them.
97-08-042, recodified as §
										363-11-380, filed 3/28/97,
				  effective 3/28/97; Rule .08.380, effective 3/1/60, filed
				  3/23/60.