Washington Administrative Code › Title 4 - Accountancy, Board of › Chapter 4-30 - General provisions › BOARD ADMINISTRATION › Section 4-30-028 - Formal adjudicative proceedings and brief adjudicative proceedings before the board

Current through Register Vol. 24-14, July 15, 2024
Except where they are inconsistent with the rules in this
				  chapter and subject to additional rules that the board may adopt from time to
				  time, adjudicative proceedings in and before the board are governed by the
				  Administrative Procedure Act, chapter 34.05 RCW, and the uniform procedural
				  rules codified in the Washington Administrative Code, chapter 10-08 WAC.
For certain types of decisions, the board has adopted an
				  appeal process authorized by
				  RCW
				    34.05.482 through
				  34.05.494 which is called a brief
				  adjudicative proceeding. Decisions to which this appeal process will be applied
				  are:
(1) Denials of initial individual
				license, re-newal, conversion, or reinstatement applications;
(2) Denials of initial resident nonlicensee
				firm owner registration applications, renewals, or applications or requests for
				reinstatement;
(3) Denials of
				initial firm license applications, renewals, and amendments;
(4) Denials of exam applications;
(5) A proposed suspension as a result of a
				determination by a lending agency of nonpayment or default on a federally or
				state-guaranteed student loan or service conditional scholarship; and
(6) Lifts of stays of suspension from a board
				order.
To appeal a decision you must submit your request for a brief
				  adjudicative proceeding,
in writing,
to the board
within 30
				  days
after the decision by board staff is posted in the U.S. mail. The
				  board chair or the board vice chair, if the board chair is unavailable, will
				  appoint one member of the board as the presiding officer for brief adjudicative
				  proceedings. The presiding officer renders a decision either upholding or
				  overturning the denial. This decision, called an order, will be provided to you
				  at the last address you furnished to the board.
If you are dissatisfied with the order in the brief
				  adjudicative proceeding, you may appeal to the board's vice chair, or designee.
				  This appeal process is called an administrative review. Your appeal must be
				  received by the board,
orally or in writing, within 21 days
after
				  the brief adjudicative proceedings order is posted in the U.S. mail. The vice
				  chair, or designee, considers your appeal and either upholds or overturns the
				  brief adjudicative proceeding order. The vice chair's, or designee's, decision,
				  also called an order, will be provided to you at the last address you furnished
				  to the board.
Statutory Authority:
					 RCW
					   18.04.055(1),
					 34.05.220, and
					 34.05.482. 10-24-009, amended and
					 recodified as §
											4-30-028, filed 11/18/10, effective
					 12/19/10; 08-18-016, § 4-25-540, filed 8/25/08, effective 9/25/08;
					 05-01-137, § 4-25-540, filed 12/16/04, effective 1/31/05; 02-04-064,
					 § 4-25-540, filed 1/31/02, effective 3/15/02. Statutory Authority:
					 RCW
					   18.04.055(1) and
					 34.05.482. 00-11-070, §
					 4-25-540, filed 5/15/00, effective 6/30/00; 98-12-022, § 4-25-540, filed
					 5/27/98, effective 6/27/98. Statutory Authority:
					 RCW
					   18.04.055. 93-12-074, § 4-25-540, filed
					 5/27/93, effective 7/1/93.