reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-04 - Agency organization-Public records › Section 10-04-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The office must determine if a public
			 record requested is exempt from disclosure, in whole or in part, under chapter
			 42.56 RCW or other applicable law.
(2) If an entire record is exempt from
			 disclosure it will be withheld. For each record withheld, the public records
			 officer will identify the record, note the applicable exemption and give a brief
			 explanation for each exemption. If only parts of a record are exempt from
			 disclosure, the public records officer will redact the exempt parts, note the
			 applicable exemptions, and give a brief explanation for each exemption.
(3) The office is prohibited by statute from
			 disclosing lists of individuals for commercial purposes under RCW
			    42.56.070(8).
Statutory Authority:
				  RCW
				    34.05.020,
				  34.12.030 and 42.17.250.
				  99-20-115, §
										10-04-070, filed 10/6/99,
				  effective 11/6/99. Statutory Authority: RCW 34.04.020 and
				  
											47.17.250 - 47.17.320 42.17.250 -
				  42.17.320. 82-22-052 (Order 3), §
										10-04-070, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-04 - Agency organization-Public records › Section 10-04-075 - Fees for providing public records

Current through Register Vol. 24-14, July 15, 2024
(1)
					There is no fee for inspecting public records.
(2) The office will charge for providing copies
					of public records and will maintain a fee schedule on its web site. The office
					may waive fees when the costs of processing the payment are reasonably likely to
					exceed the amount of the fees that would be charged.
(3) The office is not calculating actual costs
					for copying its records because doing so would be unduly burdensome for the
					following reasons:
(a) The office does not have
					the resources to conduct a study to determine actual copying costs;
(b) Conducting such a study would interfere
					with other essential agency functions; and
(c) Through the legislative process, the public
					and requestors have commented on and been informed of authorized fees and costs
					provided in the Public Records Act and other laws.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-04 - Agency organization-Public records › Section 10-04-080 - Agency review of denials or time estimates

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 requestor whose request for a public record has been denied or who believes that
			 the office has not made a reasonable estimate of the time to respond to the
			 request may petition the chief administrative law judge for review of the denial
			 or estimate.
(a) The petition must be in writing
			 and include a copy of, or reasonably identify, the written statement by the
			 public records officer denying the request or providing the estimate.
(b) The petition must be sent to the public
			 records officer who will promptly provide the petition and any other relevant
			 information to the chief administrative law judge to conduct the
			 review.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-04 - Agency organization-Public records › Section 10-04-085 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The office's
			 index of public records is available at www.oah.wa.gov.
(2) The state general records retention
			 schedule and the office's records retention schedule supplement the office's
			 index.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-04 - Agency organization-Public records › Section 10-04-090 - Communications with the office of administrative hearings

Current through Register Vol. 24-14, July 15, 2024
Information about requesting public records from the office is
				at www.oah.wa.gov. Requests for public records and related questions should be
				directed to the public records officer, who may be contacted as follows:
Public Records Officer
Office of Administrative Hearings
P.O. Box 42488
Olympia, WA 98504-2488 360-407-2700
publicrecords@oah.wa.gov
Statutory Authority:
				  RCW
				    34.05.020,
				  34.12.030 and 42.17.250.
				  99-20-115, §
										10-04-090, filed 10/6/99,
				  effective 11/6/99. Statutory Authority: RCW 34.04.020 and
				  
											47.17.250 - 47.17.320 42.17.250 -
				  42.17.320. 82-22-052 (Order 3), §
										10-04-090, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-001 - Declaration of purpose

Current through Register Vol. 24-14, July 15, 2024
(1)Chapter
			 10-08 WAC contains the model rules of procedure which
			 RCW
			   34.05.250 requires the chief administrative
			 law judge to adopt for use by as many agencies as possible. The model rules
			 deal with general functions and duties performed in common by the various
			 agencies. The model rules supplement Administrative Procedure Act provisions
			 which contain grants of rulemaking authority to agencies. It is not the purpose
			 of the model rules to duplicate all procedural provisions of the Administrative
			 Procedure Act. This chapter sets forth general rules applicable to proceedings
			 before many state agencies. It should be read in conjunction with the
			 provisions of the Administrative Procedure Act (chapter 34.05 RCW) and with any
			 administrative rules governing adjudicative proceedings which have been adopted
			 by the particular agency.
(2)
			 Except to the extent an agency is excluded from
			 chapter
			 34.05 RCW or parts of
			 chapter
			 34.05 RCW, each agency
			 must adopt as much of the model rules as is reasonable under its circumstances.
			 Any agency adopting a rule of procedure that differs from these model rules
			 must include in the order of adoption a finding stating the reasons for
			 variance.
(3) Adoption of these
			 1999 amendments to the model rules does not invalidate any variances in rules
			 adopted by agencies between the effective date of the 1988 amendments to the
			 Administrative Procedure Act and the effective date of these 1999 amendments to
			 the model rules.
(4) In the absence
			 of other rules to the contrary, these model rules shall govern any adjudicative
			 proceedings under the Administrative Procedure Act.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-001, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-001, filed
				  6/15/89.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-035 - Adjudicative proceedings - Application

Current through Register Vol. 24-14, July 15, 2024
An application for an adjudicative proceeding may be on a form
				provided by the agency for that purpose or in other writing signed by the
				applicant or the applicant's representative. The application for an
				adjudicative proceeding should specify the issue to be decided in the
				proceeding.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-035, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-035, filed
				  6/15/89.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-040 - Adjudicative proceedings - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) In any adjudicative proceeding all
			 parties shall be served with a notice of hearing within the time required by
			 law governing the respective agency or proceeding. If there is no requirement
			 under other law, all parties shall be served with a notice of hearing not less
			 than seven days before the date set for the hearing. The notice shall include
			 the information specified in
			 RCW
			   34.05.434. If the hearing is to be conducted
			 by teleconference call, the notice shall so state.
(2) The notice shall state that if a
			 limited-English-speaking or hearing impaired party or witness needs an
			 interpreter, a qualified interpreter will be appointed and there will be no
			 cost to the party or witness. The notice shall include a form for a party to
			 indicate whether the party needs an interpreter and to identify the primary
			 language or hearing impaired status of the party.
(3) Defects in the notice may not be waived
			 unless:
(a) The presiding officer determines
			 that the waiver has been made knowingly, voluntarily and
			 intelligently;
(b) The party's
			 representative, if any, consents; and
(c) If a party is an impaired person, the
			 waiver is requested through the use of a qualified interpreter.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-045 - Adjudicative proceedings - Notice to limited-English-speaking parties

Current through Register Vol. 24-14, July 15, 2024
(1) When an agency
			 is notified or otherwise made aware that a limited-English-speaking person is a
			 party in an adjudicative proceeding, all notices concerning the hearing,
			 including notices of hearing, continuance, and dismissal, either:
(a) Shall be written in the primary language
			 of the party; or
(b) Shall include
			 a notice in the primary language of the party which describes the significance
			 of the notice and how the party may receive assistance in understanding and
			 responding to the notice.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-050 - Adjudicative proceedings - Assignment of administrative law judge - Motion of prejudice

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a
			 state agency as defined in
			 RCW
			   34.12.020(4) conducts a
			 hearing which is not presided over by officials of the agency who are to render
			 the final decision, the agency shall use one of the following methods for
			 requesting assignment of an administrative law judge:
(a) Not less than twenty days prior to the
			 date of the hearing, notify the chief administrative law judge or his or her
			 designee of the date, time, and place of the hearing and request assignment of
			 an administrative law judge to preside over the hearing, or
(b) File with the office of administrative
			 hearings a copy of the hearing file, which filing shall be deemed to be a
			 request for assignment of an administrative law judge to issue the notice of
			 hearing and preside over the hearing, or
(c) Schedule its hearings to be held at times
			 and places reserved and provided to the agency for that purpose by the office
			 of administrative hearings.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-050 - Adjudicative proceedings-Assignment of administrative law judge-Motion of prejudice

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a
			 state agency as defined in RCW  34.12.020(4) conducts a hearing which is not
			 presided over by officials of the agency who are to render the final decision,
			 the agency shall use one of the following methods for requesting assignment of
			 an administrative law judge:
(a) Not less than
			 20 days prior to the date of the hearing, notify the chief administrative law
			 judge or their designee of the date, time, and place of the hearing and request
			 assignment of an administrative law judge to preside over the hearing,
			 or
(b) File with the office of
			 administrative hearings a copy of the hearing file, which filing shall be
			 deemed to be a request for assignment of an administrative law judge to issue
			 the notice of hearing and preside over the hearing, or
(c) Schedule its hearings to be held at times
			 and places reserved and provided to the agency for that purpose by the office
			 of administrative hearings.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-080 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
In computing any period of time prescribed or allowed by any
				applicable statute or rule, the day of the act, event, or default after which
				the designated period of time begins to run is not to be included. The last day
				of the period so computed is to be included, unless it is a Saturday, Sunday,
				or a legal holiday, in which event the period runs until the end of the next
				day which is neither a Saturday, Sunday, nor a holiday. When the period of time
				prescribed or allowed is less than seven days, intermediate Saturdays, Sundays,
				and holidays shall be excluded in the computation.
Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052
				  (Order 3), §
										10-08-080, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-083 - Notice of appearance

Current through Register Vol. 24-14, July 15, 2024
If a party is represented, the representative should provide
				the presiding officer and other parties with the representative's name,
				address, and telephone number. The presiding officer may require the
				representative to file a written notice of appearance or to provide
				documentation that an absent party has authorized the representative to appear
				on the party's behalf. If the representative is an attorney admitted to
				practice in this state, the attorney shall file a written notice of appearance
				and shall file a notice of withdrawal upon withdrawal of
				representation.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-083, filed 10/6/99,
				  effective 11/6/99.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-085 - Consolidation of proceedings

Current through Register Vol. 24-14, July 15, 2024
If there are multiple adjudicative proceedings involving common
				issues or parties, upon motion of any party or upon his or her own motion, the
				presiding officer may, in his or her discretion, consolidate the
				proceedings.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-085, filed 10/6/99,
				  effective 11/6/99.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-085 - Consolidation of proceedings

Current through Register Vol. 24-14, July 15, 2024
If there are multiple adjudicative proceedings involving common
				issues or parties, upon motion of any party or upon their own motion, the
				presiding officer may, in their discretion, consolidate the
				proceedings.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-085, filed 10/6/99,
				  effective 11/6/99.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-090 - Adjudicative proceedings - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) Postponements, continuances, extensions
			 of time, and adjournments may be ordered by the presiding officer on his or her
			 own motion or may be granted on timely request of any party, with notice to all
			 other parties, if the party shows good cause.
(2) A request for a continuance may be oral
			 or written. The party seeking the continuance shall notify all other parties of
			 the request. The request for a continuance shall state whether or not all other
			 parties agree to the continuance. If all parties do not agree to the
			 continuance, the presiding officer shall promptly schedule a prehearing
			 conference to receive argument and to rule on the request.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-090, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-090, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-090, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-090 - Adjudicative proceedings-Continuances

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Postponements, continuances, extensions of time, and adjournments may be
			 ordered by the presiding officer on their own motion or may be granted on
			 timely request of any party, with notice to all other parties, if the party
			 shows good cause.
(2) A request for
			 a continuance may be oral or written. The party seeking the continuance shall
			 notify all other parties of the request. The request for a continuance shall
			 state whether or not all other parties agree to the continuance. If all parties
			 do not agree to the continuance, the presiding officer shall promptly schedule
			 a prehearing conference to receive argument and to rule on the
			 request.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-090, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-090, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-090, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-110 - Adjudicative proceedings-Filing and service of documents

Current through Register Vol. 24-14, July 15, 2024
(1) Filing.
(a) Documents to be filed with the agency
			 shall be deemed filed when received during regular business hours at any office
			 of the agency. Documents to be filed with the presiding officer shall be deemed
			 filed when received during regular business hours at the office of the
			 presiding officer. Documents received outside of regular business hours shall
			 be deemed filed the following business day.
(b) Filing documents by fax:
(i) As used in this chapter, "fax" means
			 electronic tele-facsimile transmission.
(ii) Documents may be filed by fax with the
			 agency. Filing by fax is perfected when a complete and legible copy of the
			 documents is reproduced on the agency's fax machine during regular business
			 hours. A transmission of documents after regular business hours shall be
			 considered filed on the following business day.
(iii) Any documents filed by fax should be
			 accompanied by a cover page or other form identifying the party making the
			 transmission, listing the address, telephone, and fax number of the party,
			 identifying the adjudicative proceeding to which the documents relate, and
			 indicating the date of and the total number of pages included in the
			 transmission.
(iv) The party
			 attempting to file the documents by fax bears the risk that the documents will
			 not be timely received or legibly printed, regardless of the cause. If the fax
			 is not received in legible form, filing will not be perfected.
(c)The filing of documents with
			 the presiding officer by electronic mail ("email") is not authorized without
			 the express approval of the presiding officer and under such circumstances as
			 the presiding officer allows.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-110 - Adjudicative proceedings-Filing and service of documents

Current through Register Vol. 24-14, July 15, 2024
(1) Filing.
(a) Documents to be filed with the agency
			 shall be deemed filed when received during regular business hours at any office
			 of the agency. Documents to be filed with the presiding officer shall be deemed
			 filed when received during regular business hours at the office of the
			 presiding officer. Documents received outside of regular business hours shall
			 be deemed filed the following business day.
(b) Filing documents by fax:
(i) As used in this chapter, "fax" means
			 electronic telefacsimile transmission.
(ii) Documents may be filed by fax with the
			 agency. Filing by fax is perfected when a complete and legible copy of the
			 documents is reproduced on the agency's fax machine during regular business
			 hours. A transmission of documents after regular business hours shall be
			 considered filed on the following business day.
(iii) Any documents filed by fax should be
			 accompanied by a cover page or other form identifying the party making the
			 transmission, listing the address, telephone, and fax number of the party,
			 identifying the adjudicative proceeding to which the documents relate, and
			 indicating the date of and the total number of pages included in the
			 transmission.
(iv) The party
			 attempting to file the documents by fax bears the risk that the documents will
			 not be timely received or legibly printed, regardless of the cause. If the fax
			 is not received in legible form, filing will not be perfected.
(c) The filing of documents with
			 the presiding officer by electronic mail ("email") is not authorized without
			 the express approval of the presiding officer and under such circumstances as
			 the presiding officer allows.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-120 - Adjudicative proceedings - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) Subpoenas shall be issued and enforced,
			 and witness fees paid, as provided in
			 RCW
			   34.05.446 and
			 5.56.010.
(2) Every subpoena shall identify the party
			 causing issuance of the subpoena and shall state the name of the agency and the
			 title of the proceeding and shall command the person to whom it is directed to
			 attend and give testimony or produce designated books, documents, or things
			 under his or her control.
(a) A subpoena to a
			 person to provide testimony at a hearing shall specify the time and place set
			 for hearing.
(b) A subpoena duces
			 tecum requesting a person to produce designated books, documents, or things
			 under his or her control shall specify a time and place for producing the
			 books, documents, or things. That time and place may be the time and place set
			 for hearing, or another reasonably convenient time and place in advance of the
			 hearing.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-120 - Adjudicative proceedings-Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) Subpoenas
			 shall be issued and enforced, and witness fees paid, as provided in RCW
			  34.05.446 and 5.56.010.
(2) Every
			 subpoena shall identify the party causing issuance of the subpoena and shall
			 state the name of the agency and the title of the proceeding and shall command
			 the person to whom it is directed to attend and give testimony or produce
			 designated books, documents, or things under their control.
(a) A subpoena to a person to provide
			 testimony at a hearing shall specify the time and place set for
			 hearing.
(b) A subpoena duces tecum
			 requesting a person to produce designated books, documents, or things under
			 their control shall specify a time and place for producing the books,
			 documents, or things. That time and place may be the time and place set for
			 hearing, or another reasonably convenient time and place in advance of the
			 hearing.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-130 - Adjudicative proceedings - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding officer upon his or her own
			 motion or upon request of a party may direct the parties or their
			 representatives to engage in a prehearing conference or conferences to
			 consider:
(a) Simplification of
			 issues;
(b) The necessity or
			 desirability of amendments to the pleadings;
(c) The possibility of obtaining
			 stipulations, admissions of fact and admissions of the genuineness of documents
			 which will avoid unnecessary proof;
(d) Limitations on the number and
			 consolidation of the examination of witnesses;
(e) Procedural matters;
(f) Distribution of written testimony and
			 exhibits to the parties prior to the hearing;
(g) Such other matters as may aid in the
			 disposition or settlement of the proceeding.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-130 - Adjudicative proceedings-Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The presiding officer upon their own motion or upon request of a party may
			 direct the parties or their representatives to engage in a prehearing
			 conference or conferences to consider:
(a)
			 Simplification of issues;
(b) The
			 necessity or desirability of amendments to the pleadings;
(c) The possibility of obtaining
			 stipulations, admissions of fact and admissions of the genuineness of documents
			 which will avoid unnecessary proof;
(d) Limitations on the number and
			 consolidation of the examination of witnesses;
(e) Procedural matters;
(f) Distribution of written testimony and
			 exhibits to the parties prior to the hearing;
(g) Such other matters as may aid in the
			 disposition or settlement of the proceeding.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-135 - Summary judgment

Current through Register Vol. 24-14, July 15, 2024
A motion for summary judgment may be granted and an order
				issued if the written record shows that there is no genuine issue as to any
				material fact and that the moving party is entitled to judgment as a matter of
				law.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-135, filed 10/6/99,
				  effective 11/6/99.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-140 - Adjudicative proceedings - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) All rulings upon objections to the
			 admissibility of evidence shall be made in accordance with the provisions of
			 RCW
			   34.05.452.
(2) Where practicable, the presiding officer
			 may order:
(a) That all documentary evidence
			 which is to be offered during the hearing or portions of the hearing be
			 submitted to the presiding officer and to the other parties sufficiently in
			 advance to permit study and preparation of cross-examination and rebuttal
			 evidence;
(b) That documentary
			 evidence not submitted in advance as required in (a) of this subsection be not
			 received in evidence in the absence of a clear showing that the offering party
			 had good cause for his or her failure to produce the evidence sooner, unless it
			 is submitted for impeachment purposes;
(c) That the authenticity of all documents
			 submitted in advance in a proceeding in which such submission is required be
			 deemed admitted unless written objection thereto is filed prior to the hearing,
			 except that a party will be permitted to challenge such authenticity at a later
			 time upon a clear showing of good cause for failure to have filed such written
			 objection.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-140 - Adjudicative proceedings-Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) All rulings
			 upon objections to the admissibility of evidence shall be made in accordance
			 with the provisions of RCW  34.05.452.
(2) Where practicable, the presiding officer
			 may order:
(a) That all documentary evidence
			 which is to be offered during the hearing or portions of the hearing be
			 submitted to the presiding officer and to the other parties sufficiently in
			 advance to permit study and preparation of cross-examination and rebuttal
			 evidence;
(b) That documentary
			 evidence not submitted in advance as required in (a) of this subsection be not
			 received in evidence in the absence of a clear showing that the offering party
			 had good cause for their failure to produce the evidence sooner, unless it is
			 submitted for impeachment purposes;
(c) That the authenticity of all documents
			 submitted in advance in a proceeding in which such submission is required be
			 deemed admitted unless written objection thereto is filed prior to the hearing,
			 except that a party will be permitted to challenge such authenticity at a later
			 time upon a clear showing of good cause for failure to have filed such written
			 objection.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-150 - Adjudicative proceedings-Interpreters

Current through Register Vol. 24-14, July 15, 2024
(1) When an impaired person as defined in
			 chapter
			 2.42 RCW or a
			 non-English-speaking person as defined in chapter 2.43 RCW is a party or
			 witness in an adjudicative proceeding, the appointing authority shall appoint
			 an interpreter to assist the party or witness throughout the proceeding.
			 Appointment, qualifications, waiver, compensation, visual recording, and
			 ethical standards of interpreters in adjudicative proceedings are governed by
			 the provisions of
			 chapters
			 2.42 and 2.43
			 RCW.
(2) An adjudicative proceeding
			 under chapter 34.05
			 RCW includes a legal proceeding which occurs on the record, and also includes
			 oral and written communications of a party to an agency proceeding, and the
			 filing, issuance and entry of notices, motions, orders, decisions, petitions,
			 and other documents. When a party or witness appears in a legal proceeding on
			 the record, the appointing authority is the presiding officer, and otherwise
			 the appointing authority is the agency head or designee.
(3)
(a) The
			 agency head or designee may make a predetermination that an interpreter is
			 qualified to provide parties with a:
(i)
			 Visual translation or sight translation of forms, notices, proposed exhibits,
			 briefs and orders, either before or following the hearing; or
(ii) Visual or spoken-language interpretation
			 of oral communication with the agency that is not on the record.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-150 - Adjudicative proceedings-Interpreters

Current through Register Vol. 24-14, July 15, 2024
(1)
			 When an impaired person as defined in chapter 2.42 RCW or a
			 non-English-speaking person as defined in chapter 2.43 RCW is a party or
			 witness in an adjudicative proceeding, the appointing authority shall appoint
			 an interpreter to assist the party or witness throughout the proceeding.
			 Appointment, qualifications, waiver, compensation, visual recording, and
			 ethical standards of interpreters in adjudicative proceedings are governed by
			 the provisions of chapters 2.42 and 2.43 RCW.
(2) An adjudicative proceeding under chapter
			 34.05 RCW includes a legal proceeding which occurs on the record, and also
			 includes oral and written communications of a party to an agency proceeding,
			 and the filing, issuance and entry of notices, motions, orders, decisions,
			 petitions, and other documents. When a party or witness appears in a legal
			 proceeding on the record, the appointing authority is the presiding officer,
			 and otherwise the appointing authority is the agency head or
			 designee.
(3)
(a) The agency head or designee may make a
			 predetermination that an interpreter is qualified to provide parties with a:
(i) Visual translation or sight translation
			 of forms, notices, proposed exhibits, briefs and orders, either before or
			 following the hearing; or
(ii)
			 Visual or spoken-language interpretation of oral communication with the agency
			 that is not on the record.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-160 - Adjudicative proceedings - Testimony under oath or affirmation

Current through Register Vol. 24-14, July 15, 2024
(1) Every person
			 called as a witness in a hearing shall swear or affirm that the testimony he or
			 she is about to give in the hearing shall be the truth according to the
			 provisions of
			 RCW
			   5.28.020 through
			 5.28.060. If the witness is
			 testifying from outside the jurisdiction, the presiding officer may require the
			 witness to agree to be bound by the laws of the state of Washington for
			 purposes of the oath or affirmation.
(2) Every interpreter shall, before beginning
			 to interpret, take an oath that a true interpretation will be made to the
			 person being examined of all the proceedings in a language or in a manner which
			 the person understands, and that the interpreter will repeat the statements of
			 the person being examined to the agency conducting the proceedings, in the
			 English language, to the best of the interpreter's skill and
			 judgment.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-160, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-160, filed 6/15/89.
				  Statutory Authority: RCW 34.04.022 and
				  chapter
				  2.42 RCW. 85-22-032 (Order
				  4), §
										10-08-160, filed 10/31/85.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-160, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-160 - Adjudicative proceedings-Testimony under oath or affirmation

Current through Register Vol. 24-14, July 15, 2024
(1) Every person called as a witness in a
			 hearing shall swear or affirm that the testimony they are about to give in the
			 hearing shall be the truth according to the provisions of RCW  5.28.020 through
			 5.28.060. If the witness is testifying from outside the jurisdiction, the
			 presiding officer may require the witness to agree to be bound by the laws of
			 the state of Washington for purposes of the oath or affirmation.
(2) Every interpreter shall, before beginning
			 to interpret, take an oath that a true interpretation will be made to the
			 person being examined of all the proceedings in a language or in a manner which
			 the person understands, and that the interpreter will repeat the statements of
			 the person being examined to the agency conducting the proceedings, in the
			 English language, to the best of the interpreter's skill and
			 judgment.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-160, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-160, filed 6/15/89.
				  Statutory Authority: RCW 34.04.022 and
				  chapter
				  2.42 RCW. 85-22-032 (Order
				  4), §
										10-08-160, filed 10/31/85.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-160, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-170 - Adjudicative proceedings - Reporting - Recording

Current through Register Vol. 24-14, July 15, 2024
All hearings shall be recorded by manual, electronic, or other
				type of recording device.
Statutory Authority:
				  RCW
				  34.05.250. 89-13-036 (Order 6), §
										10-08-170, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-170, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-180 - Adjudicative proceedings - Teleconference hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding officer may conduct all or
			 part of the hearing by telephone, television, or other electronic means, if the
			 rights of the parties will not be prejudiced and if each participant in the
			 hearing has an opportunity to participate in, to hear, and, if technically and
			 economically feasible, in the judgment of the presiding officer, to see the
			 entire proceeding while it is taking place. However, the presiding officer
			 shall grant the motion of any party showing good cause for having the hearing
			 conducted in person at a rescheduled time.
(2) Documentary evidence shall be submitted
			 in advance as provided in WAC
			 10-08-140(2).
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-180, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-180, filed 6/15/89.
				  Statutory Authority:
				  RCW
				    34.12.080, 34.04.020 and 34.04.022. 87-13-036
				  (Order 5), §
										10-08-180, filed 6/15/87.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-180, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-190 - Adjudicative proceedings - Cameras - Recording devices

Current through Register Vol. 24-14, July 15, 2024
Photographic and recording equipment shall be permitted at
				hearings; however, the presiding officer may impose such conditions upon their
				use as he or she deems necessary to prevent disruption of the
				hearing.
Statutory Authority:
				  RCW
				  34.05.250. 89-13-036 (Order 6), §
										10-08-190, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-190, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-190 - Adjudicative proceedings-Cameras-Recording devices

Current through Register Vol. 24-14, July 15, 2024
Photographic and recording equipment shall be permitted at
				hearings; however, the presiding officer may impose such conditions upon their
				use as they deem necessary to prevent disruption of the
				hearing.
Statutory Authority:
				  RCW
				  34.05.250. 89-13-036 (Order 6), §
										10-08-190, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-190, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-200 - Adjudicative proceedings - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
The presiding officer shall have authority to:
(1) Determine the order of presentation of
			 evidence;
(2) Administer oaths and
			 affirmations;
(3) Issue subpoenas
			 pursuant to
			 RCW
			   34.05.446;
(4) Rule on procedural matters, objections,
			 and motions;
(5) Rule on motions
			 for summary judgment;
(6) Rule on
			 offers of proof and receive relevant evidence;
(7) Pursuant to
			 RCW
			   34.05.449(5), close parts of
			 a hearing to public observation or order the exclusion of witnesses upon a
			 showing of good cause;
(8)
			 Interrogate witnesses called by the parties in an impartial manner to develop
			 any facts deemed necessary to fairly and adequately decide the
			 matter;
(9) 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;
(10) Take official notice of facts pursuant
			 to RCW
			   34.05.452(5);
(11) Regulate the course of the hearing and
			 take any appropriate action necessary to maintain order during the
			 hearing;
(12) Permit or require
			 oral argument or briefs and determine the time limits for submission
			 thereof;
(13) Issue an order of
			 default pursuant to
			 RCW
			   34.05.440;
(14) Hold prehearing conferences;
(15) Appoint a mediator or serve as mediator,
			 provided that after serving as mediator, the presiding officer shall not
			 conduct the hearing or issue a decision on the matter unless the parties
			 specifically waive any objections to doing so;
(16) Take any other action necessary and
			 authorized by any applicable statute or rule; and
(17) Waive any requirement of these rules
			 unless a party shows that it would be prejudiced by such a waiver.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-200, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-200, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-200, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-210 - Adjudicative proceedings - Initial or final order

Current through Register Vol. 24-14, July 15, 2024
Every decision and order, whether initial or final,
				shall:
(1) Be correctly captioned as
			 to the name of the agency and name of the proceeding;
(2) Designate all parties and representatives
			 participating in the proceeding;
(3) Contain appropriate numbered findings of
			 fact meeting the requirements in
			 RCW
			   34.05.461;
(4) Contain appropriate numbered conclusions
			 of law, including citations of statutes and rules relied upon;
(5) Contain an initial or final order
			 disposing of all contested issues;
(6) Contain a statement describing the
			 available post-hearing remedies.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-210, filed 10/6/99,
				  effective 11/6/99. Statutory Authority:
				  RCW
				    34.05.250. 89-13-036 (Order 6), §
										10-08-210, filed 6/15/89.
				  Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052 (Order 3), §
										10-08-210, filed
				  11/1/82.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-211 - 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 agency head 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.
(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 which is 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 ten 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.
Statutory Authority:
				  RCW
				  34.05.250. 89-13-036 (Order 6), §
										10-08-211, filed
				  6/15/89.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-215 - Adjudicative proceedings - Reconsideration

Current through Register Vol. 24-14, July 15, 2024
A petition for reconsideration of a final order under
				RCW
				  34.05.470 shall be filed with the office of
				the person or persons who entered the order.
Statutory Authority:
				  RCW
				  34.05.250. 89-13-036 (Order 6), §
										10-08-215, filed
				  6/15/89.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-217 - Shortened record on petition for review or appeal

Current through Register Vol. 24-14, July 15, 2024
If a petition for review or appeal is made of an initial order,
				by stipulation the parties may agree to shorten the record to be filed with the
				entity considering the petition for review or appeal. Either party unreasonably
				refusing to stipulate to such a limitation, including shortening or selecting
				only portions of a transcript, may be ordered to pay the additional costs
				involved. For petitions for judicial review of a final order, see
				RCW
				  34.05.566.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-217, filed 10/6/99,
				  effective 11/6/99.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-219 - Correction of transcript

Current through Register Vol. 24-14, July 15, 2024
Corrections in the official transcript may be made only to make
				it conform to the evidence presented at the hearing. If the parties agree and
				the presiding officer approves, transcript corrections may be incorporated into
				the record at any time during the hearing or after the close of evidence. All
				corrections must be made within ten calendar days after receipt of the
				transcript unless the presiding officer allows a different
				period.
Statutory Authority:
				  RCW
				  34.05.020,
				  34.05.250,
				  34.12.030 and
				  34.12.080. 99-20-115, §
										10-08-219, filed 10/6/99,
				  effective 11/6/99.
Washington Administrative Code › Title 10 - Administrative Hearings, Office of › Chapter 10-08 - Model rules of procedure › Section 10-08-220 - Other law

Current through Register Vol. 24-14, July 15, 2024
Nothing in chapter 10-08 WAC is intended to diminish the
				constitutional rights of any person or to limit or modify additional
				requirements imposed by statute, including the Administrative Procedure
				Act.
Statutory Authority: RCW 34.04.020 and 34.04.022. 82-22-052
				  (Order 3), §
										10-08-220, filed
				  11/1/82.