Wash. Admin. Code § 308-101-130 - Agreements to schedule hearings under RCW 4620308 past the time frame required by law
(1) The department
presumes any of the following actions taken by the petitioner is a request that
the department agree to extend the hearing beyond the time frame required by
RCW
46.20.308:
(a) A request for a continuance;
(b) A request to hold an in-person hearing
when the request cannot be accommodated within the time frame
required;
(c) A request to set
aside a default order;
(d) A
request for a subpoena when service cannot be accommodated within the time
frame required;
(e) Remitting
insufficient funds to satisfy the hearing fee;
(f) Any other action taken by the petitioner
that makes the scheduling of the hearing within the time frame required by law
impracticable.
(2) A
hearings examiner's decision to grant any of the petitioner's requests in
subsection (1) of this section constitutes the department 's assent to extend
the hearing past the time frame required by law.
(3) If a person requests one of the actions
in subsection (1) of this section but affirmatively declines to agree to extend
the time frame required by law, the hearings examiner may direct the hearing to
proceed as originally scheduled or may take any other action that protects the
petitioner's right to be heard and the public's interest in a speedy resolution
of the matter.
(4) The department
must stay a driver's license suspension any time a timely hearing request has
been received but it is otherwise impracticable to hold the hearing within the
time frame required by law.
Notes
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