reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-200 - Notice to limited-English proficient parties

Current through Register Vol. 24-14, July 15, 2024
(1) "Limited-English proficiency" means, for
				  purposes of this section and WAC
				  246-11-210, that a
				  person is unable to communicate effectively in English because their primary
				  language is not English and they have not developed fluency in the English
				  language. A person with limited-English proficiency may have difficulty
				  speaking or reading English.
(2)
				  The department shall ensure that when it serves an initiating document, it
				  includes a notice that the respondent has the right to request an interpreter
				  for the hearing if one is needed. The notice will be in the top ten primary
				  languages in Washington state as determined pursuant to subsection (4) of this
				  section.
(3) When the adjudicative
				  clerk's office is notified by a party that he or she has limited-English
				  proficiency, is a party to an adjudicative proceeding, and their non-English
				  language is one of the top ten primary languages in Washington state as
				  determined pursuant to subsection (4) of this section, the department shall
				  ensure that notices concerning a hearing, including notices of hearing,
				  continuance, and dismissal are translated into the person's primary
				  language.
(4) The top ten primary
				  languages will be reevaluated each year to respond to demographic changes
				  using:
(a) U. S. Census data;
(b) Office of financial management
				  limited-English proficiency population forecasts; and
(c) Department tracking of frequency of
				  encounters with limited-English proficient persons.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-210 - Interpreters for hearing or speech impaired persons and persons with limited-English proficiency

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  "hearing or speech impaired person" means a person who, because of a hearing or
				  speech impairment cannot readily understand or communicate in spoken language.
				  A "hearing impaired person" includes a person who is deaf, deaf and blind, or
				  hard of hearing.
(2) If a hearing
				  or speech impaired person or person with limited-English proficiency is
				  involved in an adjudicative proceeding and notifies the adjudicative clerk's
				  office of the need for an interpreter, the presiding officer shall appoint an
				  interpreter who is acceptable to the parties or, if the parties are unable to
				  agree on an interpreter, the presiding officer shall select and appoint an
				  interpreter.
(3) Before beginning
				  to interpret, an interpreter shall take an oath or make affirmation that:
(a) A true interpretation will be made to the
				  person using the interpreter of all the proceedings in a language or in a
				  manner the person understands; and
(b) The interpreter will repeat the
				  statements of the person using the interpreter to the presiding officer, in the
				  English language, to the best of the interpreter's skill and
				  judgment.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-220 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) The board,
				  through the presiding officer, or other designated person, and attorneys for
				  parties may issue subpoenas to residents of the state of Washington, to license
				  holders and applicants for license, and to other persons or entities subject to
				  jurisdiction under
				  RCW
				     4.28.185.
(2) The presiding officer shall issue
				  subpoenas pursuant to
				  RCW
				     34.05.446(1) for parties not
				  represented by counsel upon request of the party and upon a showing of
				  relevance and reasonable scope of the testimony or evidence sought. Requests
				  for issuance of subpoenas must be made in writing to the presiding officer
				  stating the relevance and the scope of testimony or evidence sought.
(3) The person on whose behalf the subpoena
				  is issued shall pay any witness fees and expenses as provided in WAC
				  246-11-140
				  or costs for interpreters for such witnesses as provided in WAC
				  246-11-210.
(4) Attendance of persons subpoenaed and
				  production of evidence may be required at any designated place in the state of
				  Washington.
(5) Every subpoena
				  must:
(a) Comply with WAC
				  246-11-190;
(b) Identify the party causing issuance of
				  the subpoena; and
(c) Command the
				  person to whom the subpoena is directed to attend and give testimony or produce
				  designated items under the person's control at a specified time and place.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-230 - Presiding officer and panel members

Current through Register Vol. 24-14, July 15, 2024
(1) The board may appoint one or more persons
				  as presiding officer for brief adjudicative proceedings as provided in WAC
				  246-11-430(1).
(2) The board shall authorize one of the
				  following to serve as presiding officer for adjudicative proceedings:
(a) A board member; or
(b) An individual appointed pursuant to
				  RCW
				     18.130.095(3); or
(c) An administrative law judge employed by
				  the office of administrative hearings.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION II - INITIATING ACTIONS › Section 246-11-250 - Form and content of initiating documents

Current through Register Vol. 24-14, July 15, 2024
(1) Initiating documents shall include a
				  clear and concise statement of the:
(a)
				  Identity and authority of the person issuing the document;
(b) Factual basis for the action or proposed
				  action set forth in the document;
(c) Statutes and rules alleged to be at
				  issue;
(d) Identity of the party
				  against whom the action is taken or proposed to be taken;
(e) Action or proposed action or penalties,
				  including the statutory or rule authority for those actions or
				  penalties;
(f) Signature of the
				  person issuing the document and the date signed; and
(g) Method by which an adjudicative
				  proceeding may be requested.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION II - INITIATING ACTIONS › Section 246-11-260 - Amendment of initiating documents

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to the hearing date, initiating
				  documents may be amended:
(a) Subject to the
				  following conditions:
(i) Amended initiating
				  documents must meet the requirements of WAC
				  246-11-250(1).
(ii) Amended initiating documents must be
				  accompanied by the documents described in WAC
				  246-11-250(2).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION II - INITIATING ACTIONS › Section 246-11-270 - Request for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
A respondent may respond to an initiating document by
					 filing an application for an adjudicative proceeding or by waiving the
					 opportunity for adjudicative proceeding.
(1) If the respondent wishes to file an
				  application for an adjudicative proceeding:
(a) An application for adjudicative
				  proceeding must be filed in accordance with the following time periods:
(i) For matters under chapter 18.130 RCW, the
				  Uniform Disciplinary Act, within twenty days of service of the initiating
				  documents unless an extension has been granted as provided in subsection (3) of
				  this section; and
(ii) For all
				  other matters, within twenty days of service of the initiating documents,
				  unless otherwise provided by statute.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION II - INITIATING ACTIONS › Section 246-11-280 - Default

Current through Register Vol. 24-14, July 15, 2024
(1) If a party
				  fails to respond to initiating documents according to WAC
				  246-11-270,
				  that party will be deemed to have waived the right to a hearing, and the board
				  shall enter a final order without further contact with that party.
(2) If a party requests an adjudicative
				  proceeding but fails to appear, without leave to do so, at a scheduled
				  prehearing conference, the presiding officer may issue an order of default. The
				  order must include notice of opportunity to request that the default order be
				  vacated pursuant to
				  RCW
				     34.05.440(3). Unless
				  vacated, a default order under this subsection will be grounds for the board to
				  proceed to decide the matter in the absence of the respondent and without
				  additional notice to the respondent and to issue a final order.
(3) If a party requests an adjudicative
				  proceeding but fails to appear at the hearing, the presiding officer may issue
				  an order of default in the same manner as subsection (2) of this section, or
				  may proceed to hear the matter in the absence of the party and issue a final
				  order.
(4) Final orders entered
				  under this section shall contain:
(a)
				  Findings of fact and conclusions of law based upon prima facie proof of the
				  allegations contained in the initiating documents;
(b) Proof of service of or a good faith
				  attempt to serve initiating documents and appropriate notices;
(c) A finding that there is no reason to
				  believe that the party in default is in active military service;
(d) The penalties or conditions imposed by
				  the order; and
(e) Notice of the
				  opportunity to request reconsideration of a final order pursuant to
				  RCW
				     34.05.470.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION II - INITIATING ACTIONS › Section 246-11-290 - Scheduling orders

Current through Register Vol. 24-14, July 15, 2024
(1) Within
				  thirty days after receipt of the application for adjudicative proceeding, the
				  board or designee shall:
(a) Approve the
				  application for full adjudicative procedure and issue and serve on the parties
				  a scheduling order or initial conference order establishing timelines for
				  discovery, settlement, and scheduled hearings; or
(b) Approve the application for a brief
				  adjudicative procedure and issue and serve a notice of the date by which any
				  additional written materials are to be submitted for consideration;
				  or
(c) Deny the application
				  according to
				  RCW
				     34.05.416. (2) If a scheduling order is
				  issued:
(a) The scheduling order must
				  specify:
(i) The date, time, and place of a
				  prehearing conference and the hearing;
(ii) The deadlines for completion of
				  discovery and submission of prehearing motions; and
(iii) The name, address, and telephone number
				  of the assistant attorney general or other department representative who will
				  represent the department in the matter.
(b) The scheduling order may be modified by
				  order of the presiding officer upon his or her own initiative or upon motion of
				  a party. Any request for change to the initial scheduling order must be made by
				  motion as provided in WAC
				  246-11-380.
(c) The presiding officer may waive
				  establishing dates for the completion of discovery, submission of prehearing
				  motions, and the prehearing conference, if, in the discretion of the presiding
				  officer, those proceedings are not necessary or appropriate in a particular
				  matter or type of case. However, either party may request by motion to the
				  presiding officer that any or all of the dates be set.
(d) Dates contained in the scheduling order
				  may be changed by the adjudicative clerk's office upon written request of
				  either party made within fifteen days of issuance of the first scheduling
				  order. All other changes must be made by motion pursuant to WAC
				  246-11-380.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-11-300 - Conduct of emergency adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Except as otherwise required by law
				  summary action may be taken under chapter 18.130 RCW only after a review by the
				  board of such evidence, including affidavits or declarations, if appropriate,
				  to establish:
(a) The existence of an
				  immediate threat to the public health, safety, or welfare;
(b) The board's ability to address the threat
				  through a summary action; and
(c)
				  The summary action is necessary to address the threat.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-11-310 - Effect of summary action

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Summary action takes effect upon entry of the order.
(2) No person will be required to comply with
				  a summary action until service has been made or the person has knowledge of the
				  order, whichever occurs first.
(3)
				  A summary action must be served as promptly as practicable, in accordance with
				  WAC
				  246-11-080.
(4) A summary action shall not be subject to
				  the post hearing process provided in WAC
				  246-11-550
				  through
				  246-11-610,
				  but a summary action may be appealed to superior court as provided by
				  law.
Statutory Authority:
						RCW
						   18.130.050(1),
						34.05.422 and
						34.05.479. 93-08-003 (Order 347),
						§ 246-11-310, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-11-320 - Form and content of summary actions

Current through Register Vol. 24-14, July 15, 2024
(1) A summary action must be entered in the
				  form of an order containing findings of fact, conclusions of law, and the
				  summary action imposed, as well as a statement of policy reasons for the
				  decision.
(2) Except as otherwise
				  required by law a summary action imposed by emergency adjudicative proceeding
				  under chapter 18.130 RCW must be limited to those actions necessary to
				  alleviate an immediate threat to the public health, safety, or
				  welfare.
(3) Except as otherwise
				  required by law a summary action imposed by emergency adjudicative proceeding
				  under chapter 34.05 RCW must be limited to those actions necessary to alleviate
				  an immediate danger to the public health, safety, or welfare.
(4) Initiating documents, and all other
				  documents required by WAC
				  246-11-250
				  or
				  246-11-260
				  must accompany a summary action order when served.
Statutory Authority:
						RCW
						   18.130.050(1),
						34.05.473 and
						34.05.479. 93-08-003 (Order 347),
						§ 246-11-320, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-11-330 - Adjudicative proceedings upon summary action

Current through Register Vol. 24-14, July 15, 2024
Following summary action taken by the board, the respondent
					 may:
(1) Request a hearing as provided
				  in RCW
				     18.130.090 and request a show cause hearing
				  conducted in accordance with
				  RCW
				     18.130.135 and WAC
				  246-11-340; or
(2) Request a regularly scheduled
				  adjudicative proceeding conducted in accordance with this chapter; or
(3) Waive the right to an adjudicative
				  proceeding and submit a written statement to be considered prior to the entry
				  of the final order; or
(4) Waive
				  the opportunity to be heard.
Statutory Authority:
						RCW
						18.130.135 and
						43.70.040. 09-03-089, §
						246-11-330, filed 1/20/09, effective 2/20/09. Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-330, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						34.05.479. 93-08-003 (Order 347),
						§ 246-11-330, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-11-350 - Proceedings prior to prompt adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
A settlement conference may be requested, a settlement may
					 be offered, and a prehearing conference may be conducted prior to a prompt
					 adjudicative proceeding. Prehearing proceedings shall not delay a prompt
					 adjudicative proceeding except by mutual agreement of the
					 parties.
Statutory Authority:
						RCW
						18.130.050(1) and
						34.05.479. 93-08-003 (Order 347),
						§ 246-11-350, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-11-360 - Settlement conference

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Following a request for an adjudicative proceeding, a settlement conference may
				  be held if settlement is not achieved through written documents. The parties
				  shall arrange the date, time and place of the settlement conference. If another
				  scheduling mechanism is issued, a settlement conference may be scheduled and
				  held at the discretion of the board or other settlement processes may be used
				  at the discretion of the board.
(2)
				  The purpose of the settlement conference or other settlement process is to
				  attempt to reach agreement on the issues and on a proposed order to be entered.
				  Any agreement of the parties is subject to final approval by the
				  board.
(3) The respondent shall
				  attend the settlement conference as scheduled and may also be represented as
				  provided in WAC
				  246-11-070.
				  Representatives of the board will also attend. Representatives of the
				  department may attend. Other persons may attend by agreement of the parties.
				  Attendance may be in person or by phone.
(4) Either party may bring documents or other
				  materials to the settlement conference for the purpose of settlement
				  negotiations. No testimony will be taken. No documents or information submitted
				  at the settlement conference will be admitted at the adjudicative proceeding
				  unless stipulated by the parties or otherwise admitted into evidence by the
				  presiding officer.
(5) If a
				  settlement offer has been made in writing to the respondent and it is signed
				  and returned by the respondent to the board, all subsequent dates set in the
				  scheduling order or other scheduling mechanism are stayed or stricken pending
				  final review of the settlement by the board.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-360, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-360, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-11-370 - Discovery

Current through Register Vol. 24-14, July 15, 2024
The parties should exchange information and documents
					 related to the case prior to the adjudicative proceeding. Formal discovery is
					 obtained as follows:
(1) Methods,
				  scope and limits:
(a) Parties may obtain
				  discovery by production of records or things; deposition upon oral examination;
				  requests for admission; or, if ordered by the presiding officer, written
				  interrogatories.
(b) Unless
				  otherwise limited by order of the presiding officer in accord with these rules,
				  the scope of discovery are as follows:
(i)
				  Parties may obtain discovery regarding any matter not privileged, which is
				  relevant to the subject matter in the pending action. It is not grounds for
				  objection that the information sought will be inadmissible at the adjudicative
				  proceeding if the information sought appears reasonably calculated to lead to
				  the discovery of admissible evidence.
(ii) The frequency or extent of use of the
				  discovery methods established in these rules shall be limited by the presiding
				  officer if the presiding officer determines that:
(A) The discovery sought is unreasonably
				  cumulative or duplicative, or is obtainable from another source that is more
				  convenient, less burdensome, or less expensive; or
(B) The party seeking discovery has had an
				  ample opportunity by discovery to obtain the information sought; or
(C) The discovery is unduly burdensome or
				  expensive, taking into account the needs of the case, limitations of the
				  parties' resources, and the importance of the issues at stake.
(iii) The presiding officer may
				  limit discovery upon his or her own initiative after reasonable notice or
				  pursuant to a motion submitted by a party.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-11-380 - Motions

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				  officer shall rule on motions. The presiding officer may rule on motions
				  without oral argument or may request or permit the parties to argue the motion
				  in person or by telephone. Oral argument may be limited in time at the
				  discretion of the presiding officer.
(2) All prehearing motions, including
				  discovery and evidentiary motions, must be made in writing, filed, and served
				  on all other parties by the dates set in the scheduling order. Filing must be
				  made with the adjudicative clerk's office, unless filing is directed in writing
				  to be made at another address.
(3)
				  Motions for continuance must be made in writing and filed prior to the dates
				  set in the scheduling order. If the adjudicative proceeding is scheduled to
				  take place fewer than twenty days from service of the scheduling order, motions
				  for continuance must be made within ten days of service of the scheduling
				  order, but in no event fewer than five days prior to the hearing. Continuances
				  may be granted by the presiding officer for good cause.
(4) The presiding officer may grant a
				  continuance when a motion for continuance is not submitted within the time
				  limits contained in subsection (3) of this section for good cause.
(5) The following is the recommended format
				  for motions:
(a) A succinct statement of the
				  facts contended to be material;
(b)
				  A concise statement of the issue, issues or law upon which the presiding
				  officer is requested to rule;
(c)
				  The specific relief requested by the moving party;
(d) If the motion requires the consideration
				  of facts or evidence not appearing on the record, the moving party shall also
				  serve and file copies of all affidavits, declarations, and photographic or
				  documentary evidence presented in support of the motion;
(e) The legal authority upon which the motion
				  is based; and
(f) A proposed order
				  may accompany the motion, and should contain findings of fact and conclusions
				  of law.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-11-390 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) If
				  a scheduling order is issued, the parties will be notified of the time and
				  place of the first prehearing conference in the scheduling order. If another
				  scheduling mechanism is issued, a prehearing conference will be held upon
				  motion of either party, unless board policy provides otherwise.
(2) The presiding officer shall determine
				  whether the prehearing conferences will be conducted in person or by telephone
				  conference call.
(3) The presiding
				  officer shall conduct the prehearing conference and shall issue rulings related
				  to prehearing motions and evidentiary issues. The rulings must govern the
				  conduct of subsequent proceedings.
(4) A prehearing conference may be recorded
				  as ordered by the presiding officer. All offers of proof and objections
				  concerning matters raised at the prehearing conference must be made on the
				  record at the prehearing conference.
(5) Following the final prehearing
				  conference, the presiding officer shall issue a written prehearing order which
				  will:
(a) Identify the issues to be
				  considered at the hearing and indicate which party has the burden of proof on
				  these issues;
(b) Specify the facts
				  which are admitted or not contested by the parties;
(c) Identify those documents and exhibits
				  that will be admitted at hearing and those which may be distributed prior to
				  hearing;
(d) Identify expert and
				  lay witnesses that may be called at hearing and the issues to which those
				  witnesses may testify;
(e) Rule on
				  motions;
(f) Address such other
				  issues or matters as may be reasonably anticipated to arise and which may aid
				  in the disposition of the proceedings; and
(g) Rule on objections made in any preserved
				  testimony.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-11-400 - Protective orders

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  presiding officer shall issue a protective order to preserve confidentiality
				  related to health care records or provider-client information as required under
				  state and federal law including, but not limited to, chapter 70.02 RCW; Public
				  Law No. 104-191, 110 Statute 1936 (Health Insurance Portability and
				  Accountability Act (HIPAA); and  45 C.F.R. Part 164.
(2) The presiding officer may issue
				  additional protective orders at his or her discretion:
(a) To protect a party or person from
				  annoyance, embarrassment, oppression, or undue burden or expense;
(b) To protect examination
				  processes;
(c) To protect the
				  identity of a person supplying information to the department or board where the
				  person indicates a desire for nondisclosure unless that person testifies or has
				  been called to testify at an adjudicative proceeding; or
(d) To comply with applicable state or
				  federal law.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-11-420 - Application of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) If an adjudicative proceeding is
				  requested, a brief adjudicative proceeding will be conducted where the matter
				  involves one or more of the following:
(a) A
				  determination whether an applicant for a license meets the minimum criteria for
				  an unrestricted license and the board proposes to deny such a license or to
				  issue a restricted license;
(b) A
				  determination whether a person is in compliance with the terms and conditions
				  of a final order previously issued by the board, except final orders under RCW
				  18.130.-110;
(c) Any approval of a
				  school or curriculum when such approval by the board is required by statute or
				  rule;
(d) A determination whether a
				  license holder requesting renewal has submitted all required information and
				  meets minimum criteria for renewal;
(e) An action to suspend a credential under
				  RCW    18.130.125 and
				  18.130.127;
(f) Issuance of written citation and
				  assessment of a fine under
				  RCW
				     18.130.230;
(g) A decision to withdraw a credential
				  issued in error. For the purposes of this rule, "credential issued in error"
				  means a credential issued to an individual who did not fully complete the
				  application process or meet the credentialing requirements yet was
				  inadvertently granted a credential; or
(h) A decision to deny a request for a list
				  of applicants for professional licenses or for professional licensees for
				  commercial purposes under
				  RCW
				     42.56.070(8).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-11-425 - Preliminary record in brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The preliminary record with respect to an
				  application for a license or for approval of a school or curriculum must
				  consist of:
(a) The application for the
				  license or approval and all associated documents;
(b) All documents relied upon by the program
				  in proposing to deny the application; and
(c) All correspondence between the applicant
				  for license or approval and the program regarding the application.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-11-430 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings are
				  conducted by a presiding officer for brief adjudicative proceedings designated
				  by the board. The presiding officer for brief adjudicative proceedings shall
				  have agency expertise in the subject matter but may not have personally
				  participated in the decision to issue the initiating document.
(2) The parties or their representatives may
				  present written documentation. 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 for brief adjudicative proceedings may, in his or her
				  discretion, entertain oral argument from the parties or their
				  representatives.
(4) No witnesses
				  may appear to testify.
(5) In
				  addition to the record, the presiding officer for brief adjudicative
				  proceedings may employ agency expertise as a basis for decision.
(6) The presiding officer for brief
				  adjudicative proceedings may not issue an oral order. Within ten days of the
				  final date for submission of materials or oral argument, if any, the presiding
				  officer for brief adjudicative proceedings shall enter an initial order in
				  accordance with WAC
				  246-11-540.
Statutory Authority:
						RCW
						   18.130.050 and
						43.70.040. 96-21-027, §
						246-11-430, filed 10/7/96, effective 11/7/96. Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-430, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-430, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-11-440 - Effectiveness of orders on brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Initial orders on brief adjudicative
				  proceedings become final twenty-one days after service of the initial order
				  unless:
(a) Administrative review has been
				  requested pursuant to WAC
				  246-11-550;
				  or
(b) On its own initiative, the
				  board determines to review the matter and, within twenty-one days of service of
				  the initial order, provides notice to the parties of the date by which a
				  determination will be made.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-11-450 - Agency record in brief proceedings

Current through Register Vol. 24-14, July 15, 2024
The agency record of brief adjudicative proceedings must
					 consist of:
(1) The preliminary record
				  as set forth in WAC
				  246-11-425;
(2) All initiating documents including the
				  notice of opportunity to defend;
(3) The request for adjudicative
				  proceeding;
(4) All documents
				  submitted in the proceeding;
(5)
				  Any transcript or recording of any testimony or arguments presented;
				  and
(6) All orders issued in the
				  case.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-450, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						34.05.494. 93-08-003 (Order 347),
						§ 246-11-450, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-470 - Notice of adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
Notice of an adjudicative proceeding must be issued
					 pursuant to
					 RCW
					    34.05.434.
Statutory Authority:
						RCW
						   18.130.050(1) and
						34.05.434. 93-08-003 (Order 347),
						§ 246-11-470, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-480 - Conduct of adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) The adjudicative proceeding must be
				  conducted as provided in
				  RCW
				     34.05.449 through
				  34.05.455.
(2) The presiding officer may take the
				  following actions to the extent not already determined in a prehearing order:
(a) Conduct the hearing de novo;
(b) Determine the order of presentation of
				  evidence;
(c) Administer oaths and
				  affirmations;
(d) Issue
				  subpoenas;
(e) Rule on procedural
				  matters, objections, motions, and offers of proof;
(f) Receive relevant evidence;
(g) Interrogate witnesses called by the
				  parties in an impartial manner to develop any facts necessary to fairly and
				  adequately decide the matter;
(h)
				  Call additional witnesses and request additional exhibits deemed necessary to
				  complete the record and receive such evidence subject to full opportunity for
				  cross-examination and rebuttal by all parties;
(i) Take any appropriate action necessary to
				  maintain order during the adjudicative proceeding;
(j) Determine whether to permit or require
				  oral argument or briefs and determine the time limits for submission
				  thereof;
(k) Permit photographic
				  and recording equipment at hearing subject to conditions necessary to preserve
				  confidentiality and prevent disruption;
(l) Permit a person to waive any right
				  conferred upon that person by chapter 34.05 RCW or this chapter, except as
				  precluded by law; and
(m) Take any
				  other action necessary and authorized by applicable law or rule.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-490 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				  officer shall rule on objections to the admissibility of evidence pursuant to
				  RCW
				     34.05.452 unless those objections have been
				  addressed in the prehearing order.
(2) The refusal of a witness to answer any
				  question ruled proper is basis for the presiding officer, at his or her
				  discretion, to strike some or all prior testimony by that witness on related
				  matters or to grant a continuance to allow a party to seek a court order to
				  compel the witness to answer.
(3)
				  Each person called as a witness in an adjudicative proceeding shall swear or
				  affirm that the evidence about to be given in the adjudicative proceeding is
				  the truth under the provisions of
				  RCW    5.28.020 through
				  5.28.060.
Statutory Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-490, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-500 - Proposed order

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the hearing or by a date specified by
					 the presiding officer, the presiding officer may require each party to submit
					 to the presiding officer proposed findings of fact and conclusions of law and a
					 proposed order.
Statutory Authority:
						RCW
						18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-500, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						18.130.050(1). 93-08-003
						(Order 347), § 246-11-500, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-510 - Issuance of final order

Current through Register Vol. 24-14, July 15, 2024
If the adjudicative proceeding is heard by the board or a
					 panel of the board the presiding officer and board or panel of the board
					 shall:
(1) Issue a final order
				  containing findings of fact and conclusions of law and an order; and
(2) Cause the adjudicative clerk's office to
				  serve a copy of the order on each party and any designated representative of
				  the party.
Statutory Authority:
						RCW
						   18.155.040. 97-13-015, § 246-11-510,
						filed 6/6/97, effective 7/7/97. Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-510, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-510, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-520 - Standard of proof

Current through Register Vol. 24-14, July 15, 2024
(1) The order
				  must be based on the kind of evidence upon which reasonably prudent persons are
				  accustomed to rely in the conduct of their affairs.
(2) In all cases involving an application for
				  license the burden is on the applicant to establish that the application meets
				  all applicable criteria. In all other cases the burden is on the department to
				  prove the alleged factual basis set forth in the initiating document.
(3) Except as otherwise required by law, the
				  burden in all cases is a preponderance of the evidence.
Statutory Authority:
						RCW
						   18.130.050 and
						34.05.220. 08-14-137, §
						246-11-520, filed 7/1/08, effective 8/1/08. Statutory Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-520, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-530 - Consolidated proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When two or more applications for adjudicative proceeding involve a similar
				  issue, the applications may be consolidated by the presiding officer and the
				  hearings conducted together. The presiding officer or hearings officer may
				  consolidate on his or her own motion or upon the request of a party.
(2) A party scheduled for a consolidated
				  proceeding may request to withdraw from the consolidated proceeding in favor of
				  an individual proceeding. The presiding officer may grant a motion to withdraw
				  from a consolidated proceeding at any time when good cause is shown.
(3) Each respondent in a consolidated
				  proceeding shall retain the right to representation.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-530, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						34.05.220. 93-08-003 (Order 347),
						§ 246-11-530, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VI - HEARING › Section 246-11-540 - Initial order

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  adjudicative proceeding is not heard by the board or panel of the board the
				  presiding officer shall:
(a) Issue an initial
				  order containing proposed findings of fact, conclusions of law, and a proposed
				  order;
(b) Cause the adjudicative
				  clerk's office to serve a copy of the initial order on each party and any
				  designated representative of a party; and
(c) Forward the initial order and record of
				  the adjudicative proceeding to the adjudicative clerk's office.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VII - POST HEARING PROCESS › Section 246-11-550 - Appeal from initial order

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Any party may file a written petition for administrative review of an initial
				  order issued under WAC
				  246-11-430
				  or
				  246-11-540 stating
				  the specific grounds upon which exception is taken and the relief
				  requested.
(2) Petitions for
				  administrative review must be served upon the opposing party and filed with the
				  adjudicative clerk's office within twenty-one days of service of the initial
				  order.
(3) The opposing party may
				  file a response to a petition for administrative review as provided in this
				  section. The response must be filed at the place specified in subsection (2) of
				  this section. The party filing the response shall serve a copy of the response
				  upon the party requesting administrative review. If the initial order was
				  entered pursuant to WAC
				  246-11-430,
				  the response will be filed within ten days of service of the petition. In all
				  other matters, the response will be filed within twenty days of service of the
				  petition.
Statutory Authority:
						RCW
						   18.155.040. 97-13-015, § 246-11-550,
						filed 6/6/97, effective 7/7/97. Statutory Authority:
						RCW
						   18.130.050 and
						43.70.040. 96-21-027, §
						246-11-550, filed 10/7/96, effective 11/7/96. Statutory Authority:
						RCW
						   18.130.050(1) and
						34.05.464. 93-08-003 (Order 347),
						§ 246-11-550, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VII - POST HEARING PROCESS › Section 246-11-560 - Final orders

Current through Register Vol. 24-14, July 15, 2024
(1) The form
				  and content of final orders:
(a) Must contain
				  findings of fact, conclusions of law, and an order. All final orders must be
				  signed by a member of the panel of board members who heard the
				  matter.
(b) May adopt by reference
				  the initial order in whole or in part.
(c) May modify or revise the initial order in
				  whole or in part.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VII - POST HEARING PROCESS › Section 246-11-570 - Stay of final orders

Current through Register Vol. 24-14, July 15, 2024
No final order will be stayed except by its own terms or by
					 order of a court of competent jurisdiction.
Statutory Authority:
						RCW
						18.130.050(1) and
						34.05.467. 93-08-003 (Order 347),
						§ 246-11-570, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VII - POST HEARING PROCESS › Section 246-11-580 - Reconsideration of final orders

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Within ten days of service of a final order, either party may file a petition
				  for reconsideration, stating the specific grounds upon which reconsideration is
				  requested and the relief requested.
(2) Grounds for reconsideration are limited
				  to:
(a) Specific errors of fact or law;
				  or
(b) Implementation of the final
				  order would require department activities inconsistent with current department
				  practice; or
(c) Specific
				  circumstances render the person requesting the reconsideration unable to comply
				  with the terms of the order.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION VII - POST HEARING PROCESS › Section 246-11-590 - Agency record of adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall maintain an official
				  record of each adjudicative proceeding.
(2) The record shall include:
(a) Notices of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs,
				  petitions, and requests filed, and rulings thereon;
(d) Evidence received or
				  considered;
(e) A statement of
				  matters officially noted;
(f)
				  Offers of proof and objections and rulings thereon;
(g) Any proposed findings, requested orders,
				  and exceptions;
(h) Any recording
				  of the adjudicative proceeding and any transcript of all or part of the
				  adjudicative proceeding considered before final disposition of the
				  matter;
(i) Any final order,
				  initial order, or order on reconsideration; and
(j) Matters placed on the record following an
				  ex parte communication, if any.