reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-180 - Briefs, motions, memoranda, and other pleadings

Current through Register Vol. 24-14, July 15, 2024
(1) The text of all
			 documents filed with this department should be double-spaced, except footnotes
			 and block quotations, which may be single-spaced. In a document produced using
			 word processing software, all text, including footnotes and block quotations,
			 should appear in a 14 point font serif equivalent to Times New Roman or San
			 serif font equivalent to Arial.
(2)
Brief length and certificate of compliance:
All documents filed
			 with this department and produced using word processing software should contain
			 a short statement above the signature line certifying the number of words
			 contained in the document, exclusive of words contained in the appendices, the
			 title sheet, the table of contents, the certificate of compliance, signature
			 blocks, and pictorial images (e.g., photographs, maps, diagrams, exhibits). The
			 signor may rely on the word count calculation of the word processing software
			 used to prepare the brief or motion. Motions/briefs shall not exceed 5,000
			 words or 20 pages if handwritten. Any appendices or attachments are not to be
			 included in the length. For good cause, a hearings examiner may permit an
			 over-length brief.
(3) Citations to
			 the legal authority shall comply with the Washington state court general rules
			 14 and 14.1.
(4) All exhibits or
			 documents submitted electronically shall be submitted only in a PDF
			 format.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-190 - 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 department shall appoint an interpreter to assist the party or
			 witness during the hearing. Appointment, qualifications, waiver, compensation,
			 visual recording, and ethical standards of interpreters in hearings are
			 governed by the provisions of chapters 2.42 and 2.43 RCW.
(2) Relatives of any participant in a
			 proceeding and employees of the department involved in a proceeding shall not
			 be appointed as interpreters in the proceeding unless authorized by the
			 petitioner.
(3) The appointing
			 authority shall make a determination that an interpreter is able in the
			 particular proceeding to interpret accurately all communication to and from the
			 impaired or non-English-speaking person. This determination shall be based upon
			 the testimony or stated needs of the impaired or non-English-speaking person,
			 the interpreter's education, certifications, and experience in interpreting for
			 contested cases or adjudicative proceedings, the interpreter's understanding of
			 the basic vocabulary and procedure involved in the proceeding, and the
			 interpreter's impartiality. The parties or their representatives may question
			 the interpreter as to his or her qualifications and impartiality.
(4) If in the opinion of the impaired or
			 non-English-speaking person, the appointing authority or a qualified observer,
			 the interpreter does not provide accurate and effective communication with the
			 impaired or non-English-speaking person, the appointing authority shall appoint
			 another interpreter.
(5) The
			 department shall attach to or include in the decision or order a telephone
			 number to request a visual translation or sight translation.
(6) If the party has a right to review the
			 order or decision, the hearings examiner shall orally inform the party during
			 the hearing of the right and of the time limits to request review.
(7) The department shall pay interpreter fees
			 and expenses.
(8) The consecutive
			 mode of foreign language interpretation shall be used unless the hearings
			 examiner and interpreter agree that simultaneous interpretation will advance
			 fairness and efficiency.
(9)
			 Interpreters for hearing impaired persons shall use the simultaneous mode of
			 interpretation unless an intermediary interpreter is needed. If an intermediary
			 interpreter is needed, interpreters shall use the mode that the interpreter
			 considers to provide the most accurate and effective communication with the
			 hearing impaired person.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-200 - Testimony under oath or affirmation

Current through Register Vol. 24-14, July 15, 2024
Every person called as a witness and who is giving oral
				testimony 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 hearings
				examiner may require the witness to agree to be bound by the laws of the state
				of Washington for purposes of the oath or affirmation.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-210 - Conduct of hearings

Current through Register Vol. 24-14, July 15, 2024
Hearings are public proceedings. Public access is achieved
				through providing a copy of the audio recording and admitted exhibits in
				compliance with a public records request. The hearings examiner's authority
				includes, but shall not be limited to, the authority to:
(1) Determine the order of presentation of
			 evidence;
(2) Administer oaths and
			 affirmations;
(3) Issue subpoenas
			 pursuant to
			 RCW
			 46.20.308(7);
(4) Rule on procedural matters, objections,
			 and motions;
(5) Rule on offers of
			 proof and receive relevant evidence;
(6) Order the exclusion of witnesses upon a
			 showing of good cause;
(7) Afford
			 the petitioner the opportunity to respond, present evidence, conduct
			 cross-examination, and submit rebuttal evidence. The hearings examiner may
			 question witnesses to develop any facts deemed necessary to fairly and
			 adequately decide the matter;
(8)
			 Call additional witnesses deemed necessary to complete the record and receive
			 such testimony subject to full opportunity for cross-examination and rebuttal
			 by the petitioner;
(9) Examine and
			 admit the official records of the department, subject to full opportunity,
			 including the opportunity to request a continuance if needed, for
			 cross-examination and rebuttal by the petitioner;
(10) Examine and admit public records
			 including, but not limited to, maps, policy and procedure manuals, breath
			 testing equipment manuals and the Washington state patrol breath test section
			 website at any time before, during, or after the hearing, subject to full
			 opportunity, including the opportunity to request a continuance if needed, for
			 cross-examination and rebuttal by the petitioner;
(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;
(14) Recess the hearing to
			 a later time to accommodate scheduling conflicts. Hearings are ordinarily
			 scheduled to be one hour in length;
(15) Take any other action necessary and
			 authorized by any applicable statute or rule; and
(16) Waive any requirement of these rules so
			 long as neither the department nor the petitioner is prejudiced by such a
			 waiver.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-220 - Default

Current through Register Vol. 24-14, July 15, 2024
(1) In the event
			 that the person who requested an interview or hearing is not available at the
			 time it is scheduled via the manner of appearance directed in the notice of
			 interview or hearing, or as subsequently modified in writing or orally on the
			 record, no interview or hearing shall be held. An order of default shall be
			 entered and the department's proposed action shall be sustained.
(2) A person who fails to appear at an
			 interview waives his or her right to request a formal hearing.
(3) Within seven days after service of a
			 default order, the petitioner may file a written motion requesting that the
			 order of default be vacated, and stating the grounds relied upon for the
			 motion. In determining whether the default should be set aside, the hearings
			 examiner shall consider whether there was good cause for the
			 nonappearance.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-230 - Final orders

Current through Register Vol. 24-14, July 15, 2024
(1) Every decision
			 and final order shall:
(a) Be correctly
			 captioned as to the name of the department of licensing and name of the
			 proceeding;
(b) Designate all
			 parties and representatives participating in the proceeding;
(c) Contain a final order disposing of all
			 contested issues; and
(d) Contain a
			 statement describing the right to appeal.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-240 - Probation in habitual traffic offender matters

Current through Register Vol. 24-14, July 15, 2024
(1) Upon reinstatement after a habitual
			 traffic offender revocation, a person must be placed on probation for one
			 year.
(2) Every stay order issued
			 under
			 RCW
			 46.65.060 and any reinstatement order of the
			 driving privilege granted under
			 RCW
			 46.65.080 or
			 46.65.100
			 are granted subject to the following probationary terms and conditions:
(a) The individual must not be convicted of
			 or found to have committed any of the following types of offenses during the
			 period of probation or the duration of the stay:
(i) Vehicular homicide -
			 RCW
			 46.61.520;
(ii) Vehicular assault -
			 RCW
			 46.61.522;
(iii) Driving under the influence -
			 RCW
			 46.61.502;
(iv) Driver under twenty-one consuming
			 alcohol or marijuana -
			 RCW
			 46.61.503;
(v) Physical control of vehicle under the
			 influence -RCW
			 46.61.504;
(vi) Driving a commercial motor vehicle with
			 alcohol or THC in system;
(vii)
			 Driving while license suspended or revoked 1st or 2nd degree (includes driving
			 violation of an occupational/ restricted driver's license) -
			 RCW
			 46.20.342;
(viii) Hit and run (occupied) -
			 RCW
			 46.52.020;
(ix) Reckless driving -
			 RCW
			 46.61.500;
(x) Attempting to elude a police vehicle -
			 RCW 46.61.-024;
(xi) Felony
			 involving motor vehicle -
			 RCW
			 46.20.285(4);
(xii) Ignition interlock violation -
			 RCW
			 46.20.720;
(xiii) Violation of an occupational or
			 restricted license -RCW
			 46.20.410;
(xiv) Operating a vehicle without an ignition
			 interlock device -
			 RCW
			 46.20.740;
(xv) Circumventing ignition interlock device
			 -
			 RCW
			 46.20.750;
(xvi) Open container violation (alcoholic
			 beverages) -RCW
			 46.61.519;
(xvii) Open container violation (marijuana) -
			 RCW
			 46.61.745;
(xviii) A conviction for any reduced or
			 amended alcohol or drug-related driving offense.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-101 - Hearing procedural rules › Section 308-101-260 - Significant decisions in driver license cases

Current through Register Vol. 24-14, July 15, 2024
(1) The department will use the process
			 outlined in this section to nominate, select, and index significant decisions
			 hearings related to driver's licenses in the following types of adjudicative
			 proceedings related to a sanction of the driving privilege:
(a) The implied consent law (RCW
			 46.20.308 );
(b) The financial responsibility law (chapter
			 46.29 RCW);
(c) The habitual
			 traffic offender law (chapter 46.65 RCW);
(d) The Uniform Commercial Driver's License
			 Act (chapter 46.25 RCW);
(e) Any
			 formal hearing affecting the driving privilege conducted pursuant to the
			 provisions of
			 RCW
			 46.20.329 through
			 46.20.333.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-002 - Declaration of purpose - Procedural rules

Current through Register Vol. 24-14, July 15, 2024
Chapter 308-102 WAC contains the rules of procedure used in the
				administration of the Financial Responsibility Act,
				chapter
				46.29 RCW. Adjudicative
				proceedings conducted under the Financial Responsibility Act shall be held in
				accordance with the Administrative Procedure Act,
				chapter
				34.05 RCW, and the rules
				published in chapter 10-08 and 308-08 WAC insofar as those rules are consistent
				with the rules adopted herein.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-002,
				  filed 3/25/92, effective 4/25/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-004 - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
Hearings and informal interviews held under this chapter shall
				be conducted by a presiding officer who shall be delegated the authority to
				conduct such hearings and informal interviews by the director. The presiding
				officer shall have the powers and duties provided by chapter 34.05 RCW, and may
				be authorized by the director to make final determinations regarding the
				issuance, denial, cancellation, or suspension or revocation of a driver's
				license or a nonresident's privilege to drive. If the presiding officer is
				authorized by the director to make final determinations, the decision shall be
				final.
If the presiding officer is not authorized to make final
				decisions the results shall be subject to review by the director or his, her,
				or their designated representative. The director or his, her, or their
				designated representative upon review of the records, the evidence, and the
				findings of the presiding officer shall promptly render his, her, or their
				decision sustaining, modifying, or reversing any order entered by the
				department.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-004,
				  filed 3/25/92, effective 4/25/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-006 - Correspondence address

Current through Register Vol. 24-14, July 15, 2024
All correspondence shall be addressed to the Department of
				Licensing, Hearings and Interviews Section, P.O. Box 9031, Olympia, WA 98507-
				9031, or sent by facsimile transmission (fax) to 360-570-4950, or emailed to
				hearings@dol.wa.gov. Any correspondence must include the driver's full name and
				license number, or case number if assigned.
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.205. 96-20-089, §
				  308-102-006, filed 10/1/96, effective 11/1/96. Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-006,
				  filed 3/25/92, effective 4/25/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-008 - Property damage threshold

Current through Register Vol. 24-14, July 15, 2024
In the case of property damage, the provisions of the Financial
				Responsibility Act shall apply where the damage to the property of any one
				person is of an apparent extent equal to or greater than $1,000. In the event
				that this amount differs from that established by the chief of the Washington
				state patrol under the provisions of
				RCW
				46.52.030, the amount established in WAC
				446-85-010.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-008,
				  filed 3/25/92, effective 4/25/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-010 - Order fixing amount of security

Current through Register Vol. 24-14, July 15, 2024
Whenever under the Financial Responsibility Act, the department
				fixes the amount of the security required of any person it shall notify the
				person of the amount so required by mailing to the person's address of record,
				a notice of security stating the amount of the security required, the date by
				which the security must be posted, and containing instructions on how to file
				the proof of financial responsibility. The date by which the security must be
				posted shall not be less than 20 nor more than 60 days following the date of
				mailing.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-010,
				  filed 3/25/92, effective 4/25/92; Order 103-MV, § 308-102-010, filed
				  8/17/71; Order 101-MV, § 308-102-010, filed
				  3/8/71.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-011 - Amount of security-How determined

Current through Register Vol. 24-14, July 15, 2024
The department shall determine the amount of security deposit
				required of any person upon the basis of reports submitted, such reports to be
				in a form provided by the department which must be completed by the parties who
				sustain a loss, or their successors in interest, or upon the basis of other
				information or evidence received by the department which provides sufficiently
				specific information for the department to enter its decision concerning the
				amount of security with reasonable certainty: Provided, That a fatality or
				fatalities will create the presumption that the amount shall be for the full
				amount of the limit provided by
				RCW
				46.29.090 in reference to the acceptable
				limits of a policy or bond. Failure to respond to a request for specific
				information within 30 days will allow the department to conclude that no claim
				is being pursued.
The department shall determine the amount of security deposit
				required by a person based on the reports submitted to the department or based
				on other information or evidence received by the department which provides
				sufficiently specific information for the department to enter its decision
				concerning the amount of security with reasonable certainty. Any submitted
				reports must be in a form provided by the department and must be completed by
				the parties who sustained the loss or their successor in interest. A fatality
				or fatalities will create the presumption that the amount shall be for the full
				amount of the limit provided by
				RCW
				46.29.090 in reference to the acceptable
				limits of a policy or a bond. Failure to respond to a request for specific
				information within 30 days will allow the department to conclude that no claim
				is being pursued.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-011,
				  filed 3/25/92, effective 4/25/92; Order 228, § 308-102-011, filed
				  12/31/74.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-012 - Amount of security - Effect of comparative negligence

Current through Register Vol. 24-14, July 15, 2024
The department may determine the percentage of negligence
				attributable to any person claiming injury or damage in twenty-five percentile
				units and then may reduce the amount of security in proportion to that
				percentage: Provided, That the department shall not require security if the
				person claiming injury or damage is ninety percent or more
				negligent.
Statutory Authority:
				  RCW
				  46.01.110. 82-03-046 (Order 668 DOL), §
				  308-102-012, filed 1/19/82; Order 228, § 308-102-012, filed
				  12/31/74.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-020 - Notice of intent to suspend

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 shall mail a notice of intent to suspend:
(a)
			 At the time the department mails a notice of security; or
(b) At the time the department receives all
			 required certifications from a judgment creditor pursuant to
			 RCW
			 46.29.230.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-085 - Agreements for payment of damages-Effect on administrative proceedings

Current through Register Vol. 24-14, July 15, 2024
A person that submits a written payment agreement to the
				department in accordance with
				RCW
				46.29.140, waives any further review to the
				validity of the department's action. Any pending administrative interview or
				formal hearing shall be canceled upon receipt of the written payment
				agreement.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-090 - Agreements for payment of damages - Default notice

Current through Register Vol. 24-14, July 15, 2024
The department shall accept a notice of default on a payment
				agreement that was entered in lieu of the security deposit requirements as
				being effective only if that notice is received within three years of the date
				of the accident.
Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-102-090, filed 3/12/86; Order MV-172, § 308-102-090, filed
				  7/16/73.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-100 - Request for informal settlement-Effect, timeliness

Current through Register Vol. 24-14, July 15, 2024
Pursuant to WAC
				10-08-230, regarding informal
				settlements, any person notified of the requirement of depositing security and
				suspension for failure to deposit security under the Financial Responsibility
				Act, chapter 46.29 RCW, may within 15 days of the date of the notice of intent
				to suspend his, her, or their driver's license or nonresident privilege to
				drive request an interview before a presiding officer. The request must be
				written.
Upon receipt of a timely request for interview, the suspension
				shall be stayed pending the outcome of the document review or interview.
If the person does not request an interview within the time
				specified above, or fails to attend an interview scheduled at the person's
				request, said person shall have waived his, her, or their right to any further
				administrative remedies, including the formal hearing, and the suspension of
				the person's driver's license or driving privilege shall become effective. If
				the person shows good cause as to why they failed to appear, the default may be
				vacated.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-100,
				  filed 3/25/92, effective 4/25/92. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-102-100, filed 3/12/86; Order 466-DOL, § 308-102-100, filed
				  12/30/77; Order MV-302, § 308-102-100, filed
				  3/31/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-130 - Informal settlement - Document review

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-130,
				  filed 3/25/92, effective 4/25/92; Order MV-302, § 308-102-130, filed
				  3/31/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-140 - Informal settlement-Interview

Current through Register Vol. 24-14, July 15, 2024
The interview only applies to notices to suspend arising under
				WAC 308-102-020(2).
				The interview shall be held before a presiding officer who, in making the
				decision, shall consider any of the following:
(1) Oral testimony or argument offered by,
			 for, or on behalf of the person seeking review by their legal
			 representative;
(2) Affidavits from
			 the individuals claiming the loss and/or from a representative of any insurance
			 carrier that has a subrogated interest therein;
(3) Investigating officer's reports of the
			 accident in question;
(4) Court
			 records of convictions submitted to the department of licensing and arising out
			 of the accident in question;
(5)
			 The department's financial responsibility files concerning the person seeking
			 review;
(6) Affidavits or witness
			 testimony offered by the person seeking review; and
(7) Any other evidence relevant to the issues
			 to be determined.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-140,
				  filed 3/25/92, effective 4/25/92; Order 466-DOL, § 308-102-140, filed
				  12/30/77; Order MV-302, § 308-102-140, filed
				  3/31/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-190 - Informal settlement-Interview-Decision

Current through Register Vol. 24-14, July 15, 2024
Upon conclusion of an interview the presiding officer shall
				make findings on the matter under consideration and shall sustain, modify, or
				reverse the department's notice of intention to suspend, address, and confirm
				the amount of security required. The department shall send a copy of the
				presiding officer's decision (findings) with the notice of the decision and
				right to request a formal administrative hearing in writing by first class mail
				sent to the last address of record, or email, provided the driver or their
				legal representative has consented to electronic receipt of the interview
				decision. Upon receipt of a timely request for formal hearing the order for the
				deposit of security and suspension for failure to deposit security shall remain
				stayed pending the results of the hearing.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-190,
				  filed 3/25/92, effective 4/25/92. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-102-190, filed 3/12/86; Order MV-302, § 308-102-190, filed
				  3/31/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-200 - Request for adjudicative proceeding-Formal hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Any person may
			 request a formal hearing if they disagree with the presiding officer's decision
			 following an administrative interview. The request for formal hearing must be
			 in writing and must be addressed to the department of licensing and postmarked
			 within 15 days following the mailing of the decision of the department to the
			 person or the notices of suspension for failure to satisfy a judgment. Failure
			 to make timely request for a formal hearing to the department shall be
			 considered a withdrawal of the person's request for adjudicative proceedings
			 and shall result in a waiver of the person's right to such hearing and the
			 decision of the department shall become final.
(2) If a timely request for a formal hearing
			 is made, the department shall notify the person of the time of such hearing in
			 writing, and mail such notice to the person's last address of record, at least
			 10 days in advance of the hearing date. In accordance with
			 RCW
			 34.05.449(3), the hearing
			 shall be by telephone or other electronic means. The notice shall include the
			 information required by
			 RCW
			 34.05.434(2).
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-200,
				  filed 3/25/92, effective 4/25/92. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-102-200, filed 3/12/86; Order 466-DOL, § 308-102-200, filed
				  12/30/77; Order MV-302, § 308-102-200, filed
				  3/31/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-250 - Issues to be determined-Formal hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Only the
			 following issues shall be considered at any formal hearing held on request of a
			 person for failing to deposit sufficient security funds:
(a) Whether the person was the owner or
			 driver of any motor vehicle of a type subject to registration under the motor
			 vehicle laws of this state which was in any manner involved in an accident
			 within this state;
(b) Whether the
			 accident resulted in bodily injury or death of any person or damage to the
			 property of any one person in an amount meeting or exceeding the property
			 damage threshold established by WAC
			 308-102-008;
(c) Whether there is a reasonable possibility
			 of a judgment being entered against the person in the amount required by the
			 order of the department fixing such security;
(d) Whether the amount of security to be
			 deposited, if any, is sufficient to satisfy any judgment or judgments resulting
			 from such accident as may be recovered against the person, not to exceed the
			 amount listed in chapter 46.29 RCW; and
(e) Whether the person is entitled to an
			 exception to the requirement of security pursuant to
			 RCW
			 46.29.080.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-255 - Determination of possibility of judgment

Current through Register Vol. 24-14, July 15, 2024
For the purposes of WAC
				308-102-250(1)(c),
				the department may presume that there is a reasonable possibility of a judgment
				being entered against a person if:
(1)
			 The person was convicted of a traffic violation arising out of the accident;
			 or
(2) A law enforcement officer
			 investigating the accident completed a report which specified that a violation
			 of a rule of the road contributed to the accident regardless of whether a
			 citation was issued; or
(3) The
			 person was negligent, having committed an act which a reasonably careful and
			 prudent person would not have done under the same or similar circumstances, or
			 failed to act in a way which a reasonably careful and prudent person would have
			 acted under the same or similar circumstances, and such act or omission was a
			 proximate cause of the accident.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-255,
				  filed 3/25/92, effective 4/25/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-260 - Presiding officer-Duties

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
			 officer, in making his, her, or their decision at the formal hearing held on
			 request of a person for failing to deposit security, shall consider:
(a) Evidence as allowed under
			 RCW
			 34.05.452;
(b) Court records of convictions submitted to
			 the department of licensing and arising out of the accident in
			 question;
(c) Traffic collision
			 reports completed by a police officer who investigated the accident, all
			 reports and other information submitted to the department by the individual(s)
			 who sustained the loss or the insurance carrier who has a subrogated interest
			 therein, records and documents in the possession of the department of which it
			 desires to avail itself, repair estimates, repair and medical bills, towing
			 bills and any other reasonable accounting of a loss proximately arising from an
			 accident or photocopies thereof; and
(d) Any other evidence related to the issues
			 before the hearing which have probative value commonly accepted by reasonable,
			 prudent persons in the conduct of their affairs.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-265 - Formal hearing-Failure to appear

Current through Register Vol. 24-14, July 15, 2024
In the event that a final default order is entered against the
				person who requested a formal hearing pursuant to this chapter, no hearing
				shall be held. The case shall be remanded to the department, and the previous
				department order requiring security shall be affirmed: Provided, That the
				presiding officer:
(1) May consider
			 evidence as to whether the amount of security to be deposited is sufficient to
			 satisfy any judgment or judgments as may be recovered against the person, and
			 may adjust the amount of security required accordingly; or
(2) Determine whether the department received
			 the certificates required by
			 RCW
			 46.39.330, and if not, may enter a decision
			 to cancel the suspension.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-265,
				  filed 3/25/92, effective 4/25/92. Statutory Authority:
				  RCW
				  46.20.391,
				  46.01.110 and
				  46.65.020. 86-07-018 (Order DS 2),
				  § 308-102-265, filed 3/12/86.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-102 - Administration of the Financial Responsibility Act-Procedures › Section 308-102-290 - Formal hearings-Findings, conclusions and decisions

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the formal hearing, the presiding officer
				shall, as soon as practical, issue findings of fact, conclusions of law, and
				enter an order as provided by
				RCW
				34.05.461.
If the order of the department is affirmed, the department
				shall suspend the driver's license or nonresident driving privilege of the
				person required to deposit security or satisfy judgment, but the order of
				suspension shall carry an effective date of 30 days after the date of mailing,
				during which time the person may comply with the terms of the order.
If the order of the department is reversed, the department
				shall cancel its previous order.
If the order of the department is modified, the department
				shall suspend the driver's license or nonresident driving privilege of the
				person required to deposit security, but the order of suspension shall carry an
				effective date of 30 days after the date of mailing, during which time the
				person may comply with the terms of the order.
Petitions for reconsideration, as provided by
				RCW
				34.05.470, shall be filed with the presiding
				officer within 10 days of service of the final order. The department is deemed
				to have denied the petition for reconsideration if, within 20 days from the
				date the petition is filed, the department does not either:
(a) Dispose of the petition; or
(b) serve the parties with a written notice
			 specifying the date by which it will act on the petition.
Statutory Authority:
				  RCW
				  46.01.110. 92-08-045, § 308-102-290,
				  filed 3/25/92, effective 4/25/92; 82-03-046 (Order 668 DOL), §
				  308-102-290, filed 1/19/82; Order MV-349, § 308-102-290, filed 1/28/76;
				  Order MV-302, § 308-102-290, filed
				  3/31/75.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-010 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-010, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-020, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-020, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-030 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-030, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-030, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-040 - Requests for hearings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-040, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 04-20-013, §
				  308-103-040, filed 9/24/04, effective 10/25/04; 02-11-011, § 308-103-040,
				  filed 5/3/02, effective 6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-050 - Scheduling-Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-050, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-050, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-060 - Notice of appearance

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-060, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-070 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-070, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-070, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-080 - Deferred prosecutions-Cancellation of hearings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-080, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-080, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-090 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-090, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-090, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-100 - Evidence - Exhibits

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-100, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-100, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-110 - Video evidence

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-110, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-110, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-120 - Evidence

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-120, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-120, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-130 - Interpreters

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-130, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-140 - Testimony under oath or affirmation

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-140, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-150 - Conduct of hearings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-150, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-150, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-160 - Defaults

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-160, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-170 - Reserved

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-170, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-170, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-180 - Final order

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-180, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-180, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-103 - Rules of procedure for hearings conducted under RCW 46.20.308 › Section 308-103-190 - Reconsideration and appeals

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  46.01.110,
				  46.20.308,
				  46.25.120. 06-15-081, §
				  308-103-190, filed 7/14/06, effective 8/14/06. Statutory Authority:
				  RCW
				  46.01.110 and
				  46.20.308. 02-11-011, §
				  308-103-190, filed 5/3/02, effective
				  6/3/02.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-104 - Drivers' licenses › Section 308-104-004 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, unless the context requires otherwise,
				the term:
(1) "Examination," for
			 purposes of
			 RCW
			 46.20.305, means any one or combination of
			 the following:
(a) A medical certificate to be
			 completed by a competent medical authority;
(b) A vision certificate to be completed by a
			 competent vision authority such as an optometrist or ophthalmologist;
(c) A psychiatric evaluation by a competent
			 authority;
(d) An alcohol or drug
			 evaluation or report of progress in alcohol or drug treatment from an alcohol
			 or drug treatment agency approved by the department of social and health
			 services;
(e) A reexamination of
			 knowledge and driving ability conducted by a licensing services
			 representative;
(f) A special
			 examination of knowledge and driving ability conducted by a licensing services
			 representative;