(1) Neither an ALJ nor a review judge may decide that a DEL rule is invalid or unenforceable. Only a court may decide this issue.
(2) If the validity of a DEL rule is raised during the hearing, the ALJ or review judge may allow argument for later court review.
[Statutory Authority: Chapter
43.215 RCW, RCW
34.05.220, chapter
34.05 RCW, 2006 c 265. WSR 08-06-102, § 170-03-0230, filed 3/5/08, effective 4/5/08.]