reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-165 - Department organization description by division and program (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 43.23 RCW and
					 RCW
					 34.05.353. 09-24-056, § 16-06-165, filed
					 11/25/09, effective 12/26/09. Statutory Authority:
					 RCW
					 42.56.380,
					 chapters
					 43.23 and
					 34.05 RCW. 09-12-013, §
					 16-06-165, filed 5/21/09, effective 6/21/09. Statutory Authority:
					 Chapters
					 34.05,
					 42.56, and
					 43.23 RCW. 09-03-032, §
					 16-06-165, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters
					 42.17 and 43.23 RCW.
					 96-14-086, § 16-06-165, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-180 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any person wishing to request access to the department's public records, or
				seeking assistance in making a public records request, should contact the
				public records officer.
(2) You may
				contact the public records officer at the Washington State Department of
				Agriculture, 1111 Washington Street SE, P.O. Box 42560, Olympia, Washington
				98504-2560, by telephone at 360-902-1935, by fax at 360-902-2092, or by e-mail
				at: publicdisclosure@agr.wa.gov.
(3) The name of the department's current
				public records officer is also on file with the office of the code reviser in
				accordance with
				RCW
				42.56.580 and is published in the Washington
				State Register.
(4) The public
				records officer will oversee compliance with the Public Records Act, but a
				designee of the public records officer may process the request or otherwise
				fulfill the duties of the public records officer. The public records officer
				will provide the fullest assistance to requestors.
Statutory Authority:
					 Chapters
					 34.05,
					 42.56, and
					 43.23 RCW. 09-03-032, §
					 16-06-180, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters
					 42.17 and 43.23 RCW.
					 96-14-086, § 16-06-180, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-185 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
				All the department's public records are available for disclosure except as
				otherwise provided by
				chapter
				42.56 RCW or any other
				law. Many records are available on the department's web site at:
http://agr.wa.gov
. Requestors are
				encouraged to view the records available on the web site prior to submitting a
				records request.
(2) The department
				will respond promptly to requests for disclosure. E-mail requests will be
				handled in the same manner as other types of mail received by the department.
				Public records requests received by e-mail after regular business hours will be
				considered received on the next business day. Within five business days of
				receiving a public records request, the department will respond by doing one or
				more of the following:
(a) Make the records
				available for inspection or copying;
(b) Send the copies to the requestor if
				copies are requested and payment of a deposit for the copies is made or terms
				of payment have been agreed upon;
(c) Provide a reasonable estimate of when
				records will be available;
(d)
				Request clarification from the requestor if the request is unclear or does not
				sufficiently identify the requested records. Clarification may be requested and
				provided by telephone; or
(e) Deny
				the public records request.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-190 - Public records requests

Current through Register Vol. 24-14, July 15, 2024
(1)
				Persons seeking public records are encouraged to use the online public records
				center portal on the department's website at
https://agr.wa.gov/contact-us/public-disclosure
.
(2) Alternatively, a request may be submitted
				to the public records officer in writing using the department's public records
				request form or other written format using the following methods:
(a) By mail at: Washington State Department
				of Agriculture, Attn: Public Records Officer, P.O. Box 42560, Olympia,
				Washington 98504-2560;
(b) By email
				at publicdisclosure@agr.wa.gov; or
(c) By fax to 360-902-2092.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-200 - Costs of disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) No
				fee will be charged for the inspection of public records.
(2) Pursuant to
				RCW
				42.56.120(2), the department
				declares for the following reasons that it would be unduly burdensome for it to
				calculate the actual costs it charges for providing copies of public records:
				Funds were not allocated for performing a study to calculate such actual costs
				and the agency lacks the necessary funds to perform a study and calculations;
				staff resources are insufficient to perform a study and to calculate such
				actual costs; and a study would interfere with and disrupt other essential
				agency functions.
(3) The
				department may charge fees for production of copies of public records
				consistent with the fee schedule established in
				RCW
				42.56.120.
(4) The public records officer may waive the
				fee when the expenses of processing payment exceeds the costs of providing
				copies.
Statutory Authority:
					 Chapters
					 34.05,
					 42.56, and
					 43.23 RCW. 09-03-032, §
					 16-06-200, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters
					 42.17 and 43.23 RCW.
					 96-14-086, § 16-06-200, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-205 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to adequately protect the department's public
				  records, the following will apply:
(1)
				Public records made available for inspection may not be removed from the area
				the department makes available for inspection. The department has the
				discretion to designate the means and the location for the inspection of
				records.
(2) Inspection of any
				public record will be conducted in the presence of a designated department
				employee.
(3) Public records may
				not be marked or altered in any manner during inspection.
(4) After inspection is complete, the public
				records officer or designee will make requested copies or arrange for
				copying.
(5) Public records that
				are maintained in a file or jacket, or in chronological order, may not be
				dismantled except by a designated department employee for purposes of
				copying.
(6) Whenever a public
				records request involves an entire file, a group of records, or a large number
				of records, the department is allowed a reasonable time to review the records
				to determine whether information is exempt from disclosure under
				chapter
				42.56 RCW or other
				law.
Statutory Authority:
					 Chapters
					 34.05,
					 42.56, and
					 43.23 RCW. 09-03-032, §
					 16-06-205, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters
					 42.17 and 43.23 RCW.
					 96-14-086, § 16-06-205, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-220 - Review of denial of request for inspection or copying of public records

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who
				objects to the initial denial of a records request may petition in writing to
				the administrative regulations program manager for a review of that decision.
				The petition shall include a copy of, or reasonably identify, the written
				statement by the department denying the request.
(2) The administrative regulations program
				manager will immediately consider the petition and either affirm or reverse the
				denial within two business days following the department's receipt of the
				petition, or within such other time as the department and the requestor
				mutually agree to.
(3) Under
				RCW
				42.56.530, if the department denies a
				requestor access to public records because it claims the record is exempt in
				whole or in part from disclosure, the requestor may request the attorney
				general's office to review the matter. The attorney general has adopted rules
				on such requests in WAC
				44-06-160.
(4) Any person may obtain court review of a
				denial of a public records request under
				RCW
				42.56.550 at the conclusion of two business
				days after the initial denial, regardless of any internal administrative
				appeal.
Statutory Authority:
					 Chapters
					 34.05,
					 42.56, and
					 43.23 RCW. 09-03-032, §
					 16-06-220, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters
					 42.17 and 43.23 RCW.
					 96-14-086, § 16-06-220, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-225 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department's public records officer, located in the Olympia administrative
				office, will develop and maintain an agency index of the following records:
(a) Department records retention
				schedules;
(b) Final
				orders;
(c) Declaratory orders
				entered after June 30, 1990;
(d)
				Interpretative statements;
(e)
				Policy statements; and
(f)
				Department rule docket.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-06 - Public records › Section 16-06-250 - Processing of public records requests-Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1) Requesting electronic records: The
				process for requesting electronic public records is the same as for requesting
				paper public records.
(2) Providing
				electronic records:
(a) The department has the
				discretion to determine whether to provide records electronically or in paper
				form.
(b) When a requestor requests
				records in an electronic format, the public records officer will endeavor to
				provide the nonexempt records or portions of such records that are reasonably
				locatable in an electronic format that is used by the department and is
				generally commercially available, or in a format that is reasonably
				translatable from the format in which the department keeps the
				record.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-002 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply to this chapter unless
				  the context otherwise requires:
"Date of service" means the date the department places a
				  properly dated and stamped document into the United States Postal Service or
				  other mail service for delivery.
"Department" means the department of agriculture of the state
				  of Washington.
"Director" means the director of the department of
				  agriculture.
"Person" means natural persons, sole proprietorship,
				  corporations, trusts, unincorporated associations and partnerships.
"Presiding officer" means the person designated by the
				  director to preside over adjudicative proceedings.
"Reviewing officer" means the director of agriculture or the
				  person designated by the director to review initial orders and prepare and
				  enter final orders for the director.
Statutory Authority:
					 Chapter
					 34.05 RCW. 11-20-047,
					 § 16-08-002, filed 9/29/11, effective 10/30/11; 95-18-008 (Order 5081),
					 § 16-08-002, filed 8/23/95, effective 9/23/95; 91-23-051, §
					 16-08-002, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-003 - Purpose of this chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth the rules of procedure that apply to
				  adjudicative proceedings before the department. This chapter does not apply to
				  civil penalties and orders issued by the department under chapters 90.64 and
				  90.48 RCW in the dairy nutrient management program .
Statutory Authority: Chapters 90.64 and
					 34.05 RCW. 04-02-063, §
					 16-08-003, filed 1/7/04, effective
					 2/7/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-004 - Dairy nutrient management program appeals

Current through Register Vol. 24-14, July 15, 2024
(1) All appeals of civil penalties and orders
				issued by the department's dairy nutrient management program are filed with the
				pollution control hearings board at the environmental hearings office and are
				served on the department of agriculture under
				RCW
				43.21B.230 and
				43.21B.300, and WAC
				371-08-335 and
				371-08-345.
(2) Under WAC
				371-08-306, when referring to
				appeals related to civil penalties and orders issued by the department of
				agriculture's dairy nutrient management program, all references to "department"
				in both chapters 43.21B RCW and 371-08 WAC mean the department of agriculture;
				all references to "director" mean the director of the department of
				agriculture.
Statutory Authority: Chapters 90.64 and
					 34.05 RCW. 04-02-063, §
					 16-08-004, filed 1/7/04, effective
					 2/7/04.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-011 - The department of agriculture adopts the model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure, chapter 10-08 WAC, adopted by
				  the chief administrative law judge under
				  RCW
				  34.05.250 are adopted for use by the
				  department. In the case of a conflict between the model rules of procedure and
				  procedural rules adopted in this chapter, the procedural rules adopted in this
				  chapter by the department take precedence.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-011, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-021 - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
(1) In matters
				involving an adjudicative proceeding, the director will designate the presiding
				officer. The presiding officer may be:
(a) An
				administrative law judge assigned by the office of administrative hearings
				under the authority of
				chapter
				34.12 RCW; or
(b) The deputy director; or
(c) An assistant director; or
(d) A staff person trained to act as a
				presiding officer in adjudicative proceedings.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-022 - Consolidation of proceedings

Current through Register Vol. 24-14, July 15, 2024
Without affecting the department's discretion to otherwise
				  consolidate adjudicative proceedings, the department may consolidate an
				  emergency adjudicative proceeding with an adjudicative proceeding on the
				  merits.
Statutory Authority:
					 RCW
					 34.05.425. 93-10-059, § 16-08-022, filed
					 4/30/93, effective 5/31/93.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-031 - Request for hearing - Filing

Current through Register Vol. 24-14, July 15, 2024
(1) A
				request for hearing (application for adjudicative proceeding) must be in
				writing and filed with the department during regular office hours at the
				address designated in the notice or instructions provided by the
				department.
(2) A request for
				hearing is filed in a timely manner when the mailing is postmarked or received
				by the department within twenty-five days of service of the proposed department
				action giving rise to the request for hearing.
(3) A request for hearing may be filed with
				the department by personal delivery, commercial delivery, fax, or first-class,
				registered, or certified mail. A request for hearing may be filed by electronic
				mail (e-mail) only when instructions for e-mail filings have been provided by
				the department.
(4) If the request
				for hearing is not timely filed with the department, the applicant waives his
				or her right to a hearing.
Statutory Authority:
					 Chapter
					 34.05 RCW. 11-20-047,
					 § 16-08-031, filed 9/29/11, effective 10/30/11; 97-14-050, §
					 16-08-031, filed 6/27/97, effective 7/28/97; 91-23-051, § 16-08-031, filed
					 11/15/91, effective 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-041 - Settlement

Current through Register Vol. 24-14, July 15, 2024
Before or after a hearing, parties to a proceeding may enter
				  into discussions leading to a voluntary settlement of the subject matter of the
				  proceeding. These conferences shall be informal and without prejudice to the
				  rights of the parties, and no statement, admission, or offer of settlement made
				  at an informal conference shall be admissible in evidence in any adjudicative
				  proceeding.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-041, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-051 - Discovery - Authority of presiding officer

Current through Register Vol. 24-14, July 15, 2024
(1) Discovery in adjudicative proceedings
				other than as enumerated in WAC
				16-08-061 through
				16-08-121 may be permitted at the
				discretion of the presiding officer. In permitting such discovery, the
				presiding officer shall make reference to the civil rules of
				procedure.
(2) The presiding
				officer shall have the power to control the frequency and nature of discovery
				permitted, including discovery as enumerated in WAC
				16-08-061 through
				16-08-121, and to order discovery
				conferences to discuss discovery issues.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-051, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-061 - Depositions in adjudicative proceedings - Right to take

Current through Register Vol. 24-14, July 15, 2024
Except as may be otherwise provided, any party may take the
				  testimony of any person, including a party, by deposition upon oral examination
				  or written interrogatories for use as evidence in the
				  proceeding.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-061, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-071 - Depositions in adjudicative proceedings - Scope

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise ordered, the deponent may be examined
				  regarding any matter not privileged, which is relevant to the subject matter
				  involved in the proceeding.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-071, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-081 - Depositions in adjudicative proceedings - Officer before whom taken

Current through Register Vol. 24-14, July 15, 2024
Within the United States or within a territory or insular
				  possession subject to the dominion of the United States depositions shall be
				  taken before an officer authorized to administer oaths by the laws of the state
				  of Washington or of the place where the examination is held; within a foreign
				  country, depositions shall be taken before a secretary of an embassy or
				  legation, consul general, vice consul or consular agent of the United States,
				  or a person designated by the director of agriculture or agreed upon by the
				  parties by stipulation in writing filed with the department of agriculture.
				  Except by stipulation, no deposition shall be taken before a person who is a
				  party or the privy of a party, or a privy of any counsel of a party, or who is
				  financially interested in the proceeding.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-081, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-091 - Depositions in adjudicative proceedings - Notice

Current through Register Vol. 24-14, July 15, 2024
A party desiring to take the deposition of any person upon
				  oral examination shall give reasonable notice of not less than five days in
				  writing to the department of agriculture and all parties. The notice shall
				  state the time and place for taking the deposition, the name and address of
				  each person to be examined, if known, and if the name is not known, a general
				  description sufficient to identify him or her or the particular class or group
				  to which he or she belongs. On motion of a party upon whom the notice is
				  served, the presiding officer may for cause shown, enlarge or shorten the time.
				  If the parties so stipulate in writing, depositions may be taken before any
				  person, at any time or place, upon any notice, and in any manner and when so
				  taken may be used as other depositions.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-091, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-101 - Depositions and interrogatories in adjudicative proceedings - Protection of parties and deponents

Current through Register Vol. 24-14, July 15, 2024
After notice is served for taking a deposition, upon its own
				  motion or upon motion reasonably made by any party or by the person to be
				  examined and upon notice and for good cause shown, the director or his/her
				  designated presiding officer may make an order that the deposition shall not be
				  taken, or that it may be taken only at some designated place other than that
				  stated in the notice, or that it may be taken only on written interrogatories,
				  or that certain matters shall not be inquired into, or that the scope of the
				  examination shall be limited to certain matters, or that the examination shall
				  be held with no one present except the parties to the action and their officers
				  or counsel, or that after being sealed, the deposition shall be opened only by
				  order of the director, or that business secrets or secret processes,
				  developments, or research need not be disclosed, or that the parties shall
				  simultaneously file specified documents or information enclosed in sealed
				  envelopes to be opened as directed by the director, or the director may make
				  any other order which justice requires to protect the party or witness from
				  annoyance, embarrassment, or oppression. At any time during the taking of the
				  deposition, on motion of any party or of the deponent and upon a showing that
				  the examination is being conducted in bad faith or in such manner as
				  unreasonably to annoy, embarrass, or oppress the deponent or party, the
				  director or his/her designated presiding officer may order the officer
				  conducting the examination to cease forthwith from taking the deposition, or
				  may limit the scope and manner of the taking of the deposition as above
				  provided. If the order made terminates the examination, it shall be resumed
				  thereafter only upon the order of the agency. Upon demand of the objecting
				  party or deponent, the taking of the deposition shall be suspended for the time
				  necessary to make a motion for an order.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-101, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-111 - Depositions in adjudicative proceedings - Use and effect

Current through Register Vol. 24-14, July 15, 2024
Subject to rulings by the presiding officer upon objections,
				  a deposition taken and filed as provided in this rule will not become a part of
				  the record in the proceeding until received in evidence by the presiding
				  officer upon his own motion or the motion of any party. Except by agreement of
				  the parties or ruling of the presiding officer, a deposition will be received
				  only in its entirety. A party does not make a party, or the privy of a party,
				  or any hostile witness his/her witness by taking his/her deposition. Any party
				  may rebut any relevant evidence contained in a deposition whether introduced by
				  him/her or any other party.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-111, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-121 - Depositions in adjudicative proceedings - Fees of officers and deponents

Current through Register Vol. 24-14, July 15, 2024
Deponents whose depositions are taken and the officers taking
				  the same shall be entitled to the same fees as are paid for like services in
				  the superior courts of the state of Washington under
				  RCW
				  5.56.010, which fees shall be tendered and
				  paid by the party at whose instance the depositions are
				  taken.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-121, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-131 - Adjudicative proceedings - Petition for review and replies

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to an adjudicative proceeding
				may file a petition for review of an initial order.
(2) The petition for review shall be filed
				with the director within twenty days of the date of service of the initial
				order unless a different place and time limit for filing the petition are
				specified in the initial order in its statement describing available procedures
				for administrative relief. Copies of the petition shall be served upon all
				other parties or their representatives at the time the petition is filed and
				evidence of such service shall be filed with the petition for review.
(3) The petition for review shall specify the
				portions of the initial order to which exception is taken and shall refer to
				the evidence of record relied upon to support the petition.
(4) Any party may file a reply to a petition
				for review. The reply shall be filed with the office where the petition for
				review was filed within twenty days of the date of service of the petition and
				copies of the reply shall be served upon all other parties or their
				representatives at the time the reply is filed, and may cross-petition for
				review. If the reply contains a cross-petition, it shall specify portions of
				the initial order to which exception is taken by the replying party, and shall
				refer to the evidence of record relied upon to support the reply.
(5) Any party may reply to a cross-petition
				by filing and serving it as set forth in subsection (4) of this
				section.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-131, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-141 - Brief adjudicative proceedings Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) If an adjudicative proceeding is
				requested in a matter not listed in this section, a brief adjudicative
				proceeding may be conducted at the discretion of the presiding officer when use
				of a brief adjudicative proceeding will not violate any provision of law and
				protection of the public interest does not require the department to give
				notice and an opportunity to participate to persons other than the parties and:
(a) The only issues presented are issues of
				law; or
(b) Both parties have
				agreed to a brief adjudicative proceeding.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-142 - Brief adjudicative proceedings Filing

Current through Register Vol. 24-14, July 15, 2024
(1) A request for hearing (application for
				brief adjudicative proceeding) must be in writing and filed with the department
				during regular office hours at the address designated in the notice or
				instructions provided by the department. A party may request a brief
				adjudicative proceeding by completing the application form provided by the
				department, along with a written explanation of the party's view of the
				matter.
(2) A request for hearing
				is filed in a timely manner when the mailing is postmarked or received by the
				department within twenty-five days of service of the proposed department action
				giving rise to the request for hearing.
(3) A request for hearing may be filed with
				the department by personal delivery, commercial delivery, fax, or first-class,
				registered, or certified mail. A request for hearing may be filed by electronic
				mail (email) only when instructions for email filings have been provided by the
				department.
(4) If the request for
				hearing is not timely filed with the department, the applicant waives his or
				her right to a hearing.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-144 - Brief adjudicative proceedings Procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
				conducted by a presiding officer designated by the director in accordance with
				WAC 16-08-021.
(2) The parties or their representatives may
				present written documentation in addition to the request for hearing. The
				presiding officer for brief adjudicative proceedings shall designate the date
				by which written documents must be submitted by the parties.
(3) The presiding officer may hear oral
				argument from the parties or their representatives if the presiding officer
				believes the statement will help in reaching a decision. If a party to a brief
				adjudicative proceeding desires to make an oral statement, a request shall be
				included in the application for the brief adjudicative proceeding. If the
				request is granted, the presiding officer will designate the time and place for
				taking oral statements and notify the parties.
(4) The parties may not call witnesses to
				testify.
(5) If a party fails to
				appear at the designated time and place for taking oral statements, the
				presiding officer shall take the oral statement of any party present and shall
				consider it and all written submissions.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-145 - Brief adjudicative proceedings Decisions

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding officer for brief
				adjudicative proceedings shall not issue an oral order.
(2) Within ten days of the final date for
				submission of materials or oral argument, if any, the presiding officer shall
				enter a written initial order. The initial order will contain a brief written
				statement of the reasons for the decision and information about any internal
				review available.
(3) If a party
				does not request administrative review of an initial order in accordance with
				WAC 16-08-148, the initial order becomes a final order on the twenty-first
				calendar day after service of the initial order.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-148 - Brief adjudicative proceedings Administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) Any party may request orally or in
				writing a review of the initial order issued under WAC 16-08-145. A petition
				for review of an initial order shall contain a written explanation of the
				party's view of the matter and a statement of reasons why the initial order is
				incorrect. Oral requests must be placed in writing.
(a) Petitions for review may be filed with
				the department by personal delivery, commercial delivery, fax, or first-class,
				registered or certified mail. A petition for review may be filed by electronic
				mail (email) only when instructions for email filings have been provided by the
				department. Petitions for review must be received by the department at the
				address designated in the initial order within twenty-one days of service of
				the initial order.
(b) Petitions
				for review shall be served on all parties, and evidence of such service filed
				at the address designated in the initial order.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-149 - Brief adjudicative proceedings Agency record

Current through Register Vol. 24-14, July 15, 2024
The agency record in a brief adjudicative proceeding shall
				  consist of any documents relating to the matter that were considered or
				  prepared by the presiding officer or by the reviewing officer for any review.
				  The agency record shall include:
(1)
				All initiating documents;
(2) The
				request for hearing;
(3) All
				documents submitted in the proceeding;
(4) Any transcript or recording of any oral
				arguments presented; and
(5) All
				orders issued in the case.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-151 - Emergency adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				34.05.479, the department shall use emergency
				adjudicative proceedings for the suspension or cancellation of authority in
				situations involving an immediate danger to the public health, safety, or
				welfare requiring immediate action by the department. Such situations shall
				include:
(a) Failure to possess required
				insurance, bonding or other security.
(b) Health, safety, or welfare violations
				when the violation involves an immediate danger to the public health, safety,
				or welfare, including, but not limited to, decisions by the department to:
(i) Condemn horticultural plants under
				chapter 15.13 RCW;
(ii) Condemn
				infested or infected articles under chapter 15.08 RCW;
(iii) Issue stop sale, use, or removal order
				under chapter 15.49 RCW;
(iv)
				Quarantine apiaries under chapter 15.60 RCW;
(v) Quarantine animals under chapter 16.36
				RCW;
(vi) Impound infested,
				infected, or regulated articles pursuant to chapter 17.24 RCW; and
(vii) Close food processing facilities under
				chapter 69.07 RCW or under rules or regulations of the director adopted
				pursuant to such laws.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-161 - Conversion of proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
				Upon application by any person or upon his or her own motion, the presiding
				officer or other official responsible for the original proceeding shall
				consider whether the conversion of a proceeding pursuant to
				RCW
				34.05.070 should be made.
(2) Commencement of the new proceeding shall
				be determined to be the time of commencement of the original proceeding,
				provided that all statutory and regulatory requirements for the new proceeding
				shall be met.
Statutory Authority:
					 Chapter
					 34.05 RCW. 91-23-051,
					 § 16-08-161, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › PRACTICE AND PROCEDURE › Chapter 16-08 - Practice and procedure › Section 16-08-171 - Documents - Filing

Current through Register Vol. 24-14, July 15, 2024
Any documents filed with the director under provisions of
				  the Administrative Procedure Act, chapter 34.05 RCW, Model rules of procedure,
				  chapter 10-08 WAC, and this chapter, shall be filed with the Administrative
				  Regulations Program, P.O. Box 42560, 1111 Washington St., S.E., Olympia, WA
				  98504-2560.
Unless otherwise required by law, documents may be filed with
				  the department by personal delivery, commercial delivery, fax, or first-class,
				  registered or certified mail. Documents may be filed by electronic mail (email)
				  only when instructions for email filings have been provided by the department.
				  Filing shall occur within the period of time specified for filing by statute,
				  rule, or order.
Statutory Authority:
					 Chapter
					 34.05 RCW. 97-14-050,
					 § 16-08-171, filed 6/27/97, effective 7/28/97; 91-23-051, §
					 16-08-171, filed 11/15/91, effective
					 12/16/91.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › ANIMAL INDUSTRY › Chapter 16-19 - Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities › Part 1 - GENERAL PROVISION › Section 16-19-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Definitions in chapter 16.49 RCW, Custom slaughtering,
					 apply to this chapter.
Statutory Authority: RCW 16.49.680. 99-12-021, §
						16-19-010, filed 5/24/99, effective
						6/24/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › ANIMAL INDUSTRY › Chapter 16-19 - Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities › Part 1 - GENERAL PROVISION › Section 16-19-015 - Further definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply in this chapter.
(1) "Carcass" means all or any parts,
				  including viscera, of a slaughtered animal capable of being used for human
				  food.
(2) "Equipment" means all
				  machinery, fixtures, containers, vessels, tools, implements, and apparatus used
				  in and around a custom slaughtering or meat handling establishment, and
				  vehicles used to transport meat.
(3) "Meat" means the carcass, parts of
				  carcass, meat and meat food products derived in whole or in part from meat food
				  animals.
(4) "Meat by-product"
				  means any edible part other than meat that has been derived from one or more
				  meat food animals.
(5) "Meat food
				  bird" for the purposes of processing the carcass shall mean a ratite weighing
				  over one hundred pounds live weight. Ratites weighing less than one hundred
				  pounds live weight may be processed either as poultry or as a "meat food
				  bird."
(6) "Meat handling
				  establishment" means any place of business where uninspected meat is stored,
				  frozen, cut, wrapped, or otherwise prepared.
(7) "Identifying" means marking, stamping or
				  tagging each half, quarter, and edible part of slaughtered food animal
				  carcasses in a manner approved by the director, for the purpose of tracing such
				  part to the person doing the slaughtering.
(8) "Operator" includes any owner, lessee, or
				  manager of a custom slaughtering or meat handling establishment.
(9) "Prepared" means canned, salted,
				  rendered, boned, cut up or otherwise manufactured, or processed.
(10) "Prepackaged inspected meat" means any
				  inspected meat or meat food product prepared from inspected meat processed or
				  prepared by establishments subject to inspection under a federal meat
				  inspection act and packaged and sealed in a container or wrapping bearing the
				  mark of federal inspection.
(11)
				  "Unwholesome" includes meat products that may be diseased, contaminated,
				  putrid, unsound, unhealthful, or otherwise unfit for slaughter for any reason
				  that would make them unfit for human food.
(12) "Sanitize" means use of an effective
				  bactericidal treatment process that provides enough accumulated heat or
				  concentration of chemicals for a period of time sufficient to reduce the
				  bacterial count, including pathogens, to a safe level.
Statutory Authority: RCW 16.49.680. 99-12-021, §
						16-19-015, filed 5/24/99, effective
						6/24/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › ANIMAL INDUSTRY › Chapter 16-19 - Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities › Part 1 - GENERAL PROVISION › Section 16-19-020 - Requirements for sanitary operations

Current through Register Vol. 24-14, July 15, 2024
Requirements for sanitary operations of custom farm
					 slaughtering, custom slaughtering establishments, and custom meat facilities
					 are found in
					 Title
					 21 C.F.R. Part 110-Current good
					 manufacturing practice in manufacturing, packing or holding human food. These
					 rules have been adopted in WAC
					 16-167-050(2)(k) 
					 and are available from the department on request.
Statutory Authority: RCW 16.49.680. 99-12-021, §
						16-19-020, filed 5/24/99, effective
						6/24/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › ANIMAL INDUSTRY › Chapter 16-19 - Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities › Part 1 - GENERAL PROVISION › Section 16-19-030 - Licensing expiration date-late fee

Current through Register Vol. 24-14, July 15, 2024
Licenses for custom farm slaughterers, custom slaughtering
					 establishments, and custom meat facilities issued under RCW 16.49.440 shall
					 expire on June 30 of each year. A late fee will be charged if the application
					 for renewal is not received prior to July 1 of each year.
Statutory Authority: RCW 16.49.680. 99-12-021, §
						16-19-030, filed 5/24/99, effective
						6/24/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › ANIMAL INDUSTRY › Chapter 16-19 - Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities › Part 2 - CUSTOM FARM SLAUGHTERIN › Section 16-19-100 - Additional requirements for sanitary operations of custom farm slaughtering

Current through Register Vol. 24-14, July 15, 2024
Mobile custom farm slaughtering units must have:
(1) A van body completely covering the unit,
				  but which may exclude the driver's cab and the hoist. The van body must be made
				  of material that is nonporous and impervious to moisture. Wood may be used only
				  as internal framing or spacing material between double nonwooden walls. The van
				  body must be constructed so that it excludes dust, dirt and insects. The
				  construction must be smooth, durable and easily cleanable inside and out.
(a) All vans must have the joints at
				  junctions of internal facing surfaces and panels sealed and waterproof. Metal
				  joints must be smooth and splatter free. If metal is used, only stainless
				  steel, galvanized steel, aluminum in good condition or other materials approved
				  by the director may be used. Any insulation used must be of a type that does
				  not absorb water.
(b) Minimum
				  interior dimensions of the van, exclusive of room taken up by tanks and other
				  mounted equipment must be:
(i) Height - Six
				  feet.
(ii) Length - Six
				  feet.
(iii) Width - (When using
				  single center rail for hanging carcass) four feet.
(iv) Width - (When using two rails for
				  hanging carcasses) six feet.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › ANIMAL INDUSTRY › Chapter 16-19 - Custom farm slaughterers, custom slaughtering establishments, and custom meat facilities › Part 2 - CUSTOM FARM SLAUGHTERIN › Section 16-19-110 - Custom farm slaughtering - Special slaughter conditions

Current through Register Vol. 24-14, July 15, 2024
A custom farm slaughterer may slaughter an animal only on
					 the premises of the present or first preceding owner of such animal, except as
					 follows:
(1) An animal injured to such
				  extent that immediate slaughter at the place of injury is necessary for humane
				  reasons.
(2) Animals purchased for
				  custom slaughter at any 4-H and FFA market stock sales and open class carcass
				  contests where ownership of the carcass is retained by the entrant may be
				  slaughtered by a custom farm slaughterer on any premise. The premises must be
				  approved in advance by the local health district/department and the department.
				  The fair representative must request approval for each operator they plan on
				  using by submitting an application for special slaughter conditions to the
				  department at least thirty days before any such slaughter is to be
				  done.
Statutory Authority: RCW 16.49.680. 99-12-021, §
						16-19-110, filed 5/24/99, effective
						6/24/99.