Wash. Admin. Code § 25-50-080 - Adjudicative proceedings
(1) The department
hereby adopts the model rules of procedure, chapter 10-08 WAC, adopted by the
chief administrative law judge pursuant to
RCW
34.05.250, as now or hereafter amended, for use
in adjudicative proceedings of agency action under this chapter.
(2) "Service" and "filing" of documents in
adjudicative proceedings are defined as in
RCW
34.05.010 and WAC
10-08-110.
(3) In the case of a conflict between the model
rules of procedure and this chapter, the rules in this chapter shall take
precedence.
(4) All factual
determinations shall be based on the kind of evidence upon which reasonably
prudent persons are accustomed to rely in the conduct of their affairs. The
burden in all proceedings is a preponderance of the evidence.
(a) In all proceedings contesting the denial of
an application or re-application for main street community status, the burden
shall be on the applicant to establish that the application meets all applicable
requirements and standards.
(b) In
all proceedings contesting the withdrawal of main street community status, the
burden is on the department to prove the alleged factual basis set forth in the
notice.
Notes
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