Wash. Admin. Code § 230-17-170 - Petition and hearing for stay of the summary suspension
(1) When the director summarily suspends a
license or permit, the affected licensee or permittee may petition for a "stay
of suspension" as explained in
RCW
34.05.467 and
34.05.550(1).
(2) We must receive the petition in writing
within fifteen days of service of the summary suspension.
(3) Within fourteen days of receipt of the
petition, the presiding officer holds a hearing. If an administrative law judge
is not available, the chairperson of the commission designates a commissioner
to be the presiding officer. If the parties agree, they may have a continuance
of the seven-day period.
(4) The
stay hearing must use brief adjudicative proceedings as set out in WAC
230-17-150. At the hearing, the
only issues are whether the presiding officer:
(a) Should grant a stay; or
(b) Modify the terms of the
suspension.
(5) Our
argument at the hearing consists of the information we used to issue the
summary suspension and we may add any information we find after we order the
suspension.
(6) At the hearing, the
licensee or permittee has the burden of demonstrating by clear and convincing
evidence all of the following:
(a) The
licensee or permittee is likely to prevail upon the merits of the evidence at
hearing; and
(b) Without relief,
the licensee or permittee will suffer irreparable injury. For purposes of this
section, elimination of income from licensed activities must not be deemed
irreparable injury; and
(c) The
grant of relief will not substantially harm other parties to the proceedings;
and
(d) The threat to the public
safety or welfare is not sufficiently serious to justify continuation of the
suspension, or that modification of the terms of the suspension will adequately
protect the public interest.
(7) The initial stay of the summary
suspension order whether given orally or in writing takes effect immediately
unless stated otherwise.
Notes
Statutory Authority: RCW 9.46.070. 07-21-156 (Order 615), § 230-17-170, filed 10/24/07, effective 1/1/08.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.