RCW 34.05.060 authorizes agencies
to establish by rule specific procedures for attempting and executing informal
settlement of matters. The following procedures are available for informal
dispute resolution that may make more elaborate proceedings under the
Administrative Procedure Act unnecessary.
(1)
(a) All
agencies and persons are strongly encouraged to explore early, informal
resolution to disputes whenever possible. Any person whose interest in a matter
before an agency may be resolved by settlement shall communicate his or her
request or complaint to the agency, setting forth all pertinent facts and
particulars and the desired remedy. If the agency requires additional
information to resolve the matter informally, it shall promptly provide to the
person who is seeking relief an opportunity to supply such information.
Settlement negotiations shall be informal and without prejudice to rights of a
participant in the negotiations; Provided, however, that any time limit
applicable to filing an application for an adjudicative proceeding shall not be
extended because settlement attempts are pending.
(b) In the event an early, informal
resolution is reached, the agency is responsible for providing a written
description of the resolution to the person(s) involved.
(2)
(a) If
settlement of an adjudicative proceeding may be accomplished by informal
negotiation with the agency or other parties involved, negotiations shall be
commenced at the earliest possible stage of the proceeding. Settlement shall be
concluded by:
(i) Stipulation of parties
or
(ii) Withdrawal by the applicant
of his or her application for an adjudicative proceeding or
(iii) Withdrawal by the agency of the agency
action which is the subject matter of the adjudicative proceeding.
(b) A stipulation shall be in
writing and signed by each party to the stipulation or his or her
representative or shall be recited on the record at the hearing. When an
adjudicative proceeding has been settled by stipulation, the agency head, the
agency head's designee, or the presiding officer shall enter an order in
conformity with the terms of the stipulation.
(c) When an adjudicative proceeding has been
wholly or partially settled by withdrawal, the presiding officer shall enter an
order dismissing the adjudicative proceeding, or an order dismissing the
affected party's interest in the proceeding if other parties have not
withdrawn.