Wash. Admin. Code § 10-08-230 - Informal settlements
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 their 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 their
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 their 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parties have not withdrawn.
Notes
Statutory Authority: RCW 34.05.250. 89-13-036 (Order 6), § 10-08-230, filed 6/15/89.
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