BILL REQ. #:  S-0478.1 

Read first time 01/19/09.   Referred to Committee on Judiciary.

     AN ACT Relating to evidence in administrative hearings; and amending RCW 34.05.434 and 34.05.449.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 34.05.434 and 1988 c 288 s 409 are each amended to read as follows:
     (1) The agency or the office of administrative hearings shall set the time and place of the hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter.
     (2) The notice shall include:
     (a) Unless otherwise ordered by the presiding officer, the names and mailing addresses of all parties to whom notice is being given and, if known, the names and addresses of their representatives;
     (b) If the agency intends to appear, the mailing address and telephone number of the office designated to represent the agency in the proceeding;
     (c) The official file or other reference number and the name of the proceeding;
     (d) The name, official title, mailing address, and telephone number of the presiding officer, if known;
     (e) A statement of the time, place and nature of the proceeding;
     (f) A statement of the legal authority and jurisdiction under which the hearing is to be held;
     (g) A reference to the particular sections of the statutes and rules involved;
     (h) A short and plain statement of the matters asserted by the agency;
     (i) A statement explaining the process for requesting a subpoena for the production of testimony or evidence relevant to the proceeding; and
     (((i))) (j) A statement that a party who fails to attend or participate in a hearing or other stage of an adjudicative proceeding may be held in default in accordance with this chapter.
     (3) If the agency is unable to state the matters required by subsection (2)(h) of this section at the time the notice is served, the initial notice may be limited to a statement of the issues involved. If the proceeding is initiated by a person other than the agency, the initial notice may be limited to the inclusion of a copy of the initiating document. Thereafter, upon request, a more definite and detailed statement shall be furnished.
     (4) The notice may include any other matters considered desirable by the agency.

Sec. 2   RCW 34.05.449 and 1989 c 175 s 18 are each amended to read as follows:
     (1) The presiding officer shall regulate the course of the proceedings, in conformity with applicable rules and the prehearing order, if any.
     (2) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall require each party to disclose any knowledge of the existence of audio or video recordings that may be relevant to the proceeding, and the presiding officer may issue a subpoena to obtain such recordings. The presiding officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.
     (3) In the discretion of the presiding officer, and where the rights of the parties will not be prejudiced thereby, all or part of the hearing may be conducted by telephone, television, or other electronic means. Each party in the hearing must have an opportunity to participate effectively in, to hear, and, if technically and economically feasible, to see the entire proceeding while it is taking place.
     (4) The presiding officer shall cause the hearing to be recorded by a method chosen by the agency. The agency is not required, at its expense, to prepare a transcript, unless required to do so by a provision of law. Any party, at the party's expense, may cause a reporter approved by the agency to prepare a transcript from the agency's record, or cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption.
     (5) The hearing is open to public observation, except for the parts that the presiding officer states to be closed under a provision of law expressly authorizing closure or under a protective order entered by the presiding officer pursuant to applicable rules. A presiding officer may order the exclusion of witnesses upon a showing of good cause. To the extent that the hearing is conducted by telephone, television, or other electronic means, and is not closed, the availability of public observation is satisfied by giving members of the public an opportunity, at reasonable times, to hear or inspect the agency's record, and to inspect any transcript obtained by the agency.