Wash. Admin. Code § 314-42-125 - Brief adjudicative proceedings conversion to formal adjudicative proceedings
(1) At least
five days before the scheduled issuance of either an initial or a final order,
any party, including the agency, may file a written objection to resolution of
a matter by a brief adjudicative proceeding and may request that it be
converted to a formal adjudicative proceeding. Upon receiving a timely written
objection, the presiding officer or reviewing officer shall determine whether
the matter should be converted. Regardless of whether any party files a timely
objection, the presiding officer or reviewing officer may convert any brief
adjudicative proceeding to a formal adjudicative proceeding whenever it appears
that a brief adjudicative proceeding is insufficient to determine the issues
pending before the board.
(2) In
determining whether to convert a proceeding, the presiding officer may consider
the following factors:
(a) Whether witness
testimony will aid the presiding or reviewing officer in resolving contested
issues of fact;
(b) Whether the
legal or factual issues are sufficiently complex to warrant a formal
adjudicative proceeding, including whether there are multiple issues of fact or
law;
(c) Whether a brief
adjudicative proceeding will establish an adequate record for further agency or
judicial review;
(d) Whether the
legal issues involved in the proceeding present questions of legal significance
or are being raised for the first time before the agency;
(e) Whether conversion of the proceeding will
cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding or
reviewing officer deems relevant in reaching a determination.
Notes
Statutory Authority: RCW 66.08.030. 12-24-032, § 314-42-125, filed 11/28/12, effective 12/29/12.
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