Wash. Admin. Code § 326-08-012 - Application for and conduct of brief adjudicative proceedings
(1) An application
for a brief adjudicative proceeding must be filed within twenty days from the
date of service of the office's notice of action. A request for brief
adjudication proceeding must set forth in detail the reasons the applicant
believes the office's decision to deny certification is in error and include
any additional information and documentation the applicant has to offer. Other
parties may file a written response, including supporting affidavits, within
ten days after receipt of the application for a brief adjudicative proceeding.
Copies of the response shall be served on all parties.
(2) Brief adjudicative proceedings shall be
conducted by a presiding officer for brief adjudicative proceedings designated
by the director. The presiding officer for brief adjudicative proceedings shall
have agency expertise in the subject matter but shall not have personally
participated in the decision to issue the initiating document.
(3) Accommodations.
(a) If limited English-speaking or hearing
impaired parties will be involved in a brief adjudicative proceeding and need
an interpreter, an interpreter will be provided at no cost to the party or
witness.
(b) If disabled parties or
witnesses will be involved in a proceeding and need accommodation of facilities
or services, the office will provide reasonable accommodation.
(c) Any party or witness requiring an
interpreter or accommodation shall notify the office at the time of the request
for a brief adjudicative proceeding.
(4) The parties or their representatives may
present written documentation. The presiding officer for brief adjudicative
proceedings shall designate the date by which written documents must be
submitted by the parties.
(5) The
presiding officer for brief adjudicative proceedings may, in his or her
discretion, entertain oral argument from the parties or their
representatives.
(6) No witnesses
may appear to testify.
(7) In
addition to the record, the presiding officer for brief adjudicative
proceedings may employ agency expertise as a basis for decision.
(8) The presiding officer for brief
adjudicative proceedings shall not issue an oral order. Within ten days of the
final date for submission of materials or oral argument, if any, the presiding
officer for brief adjudicative proceedings shall enter an initial
order.
Notes
Statutory Authority: RCW 39.19.030. 11-11-030, § 326-08-012, filed 5/11/11, effective 6/11/11.
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