WSR 97-07-034

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed March 12, 1997, 4:28 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-13-015 and 96-20-004.

Purpose: WAC 308-420-250 Application of brief adjudicative proceedings, 308-420-260 Preliminary record in brief adjudicative proceedings, and 308-420-270 Conduct of brief adjudicative proceedings.

Statutory Authority for Adoption: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c).

Statute Being Implemented: Chapter 19.105 RCW.

Summary: The rules provide information about when the department can conduct a brief adjudicative proceeding, what records for the proceedings are required and/or allowed, and how the proceeding shall be conducted.

Reasons Supporting Proposal: The reason supporting this proposal is to provide an appeal process in a more informal and less onerous environment which benefits all parties compared to the existing administrative process currently in place.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Jelvik, 405 Black Lake Boulevard, Olympia, WA 98502, 753-2494.

Name of Proponent: Department of Licensing, Business and Professions Division, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule allows the department to administer brief adjudicative proceedings, describes preliminary records for the proceedings and conduct of the proceedings for specific issues. The rule expands the program's regulatory options providing the public with a simple and timely appeal process for department action.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Conference Room 1, Building 2, Olympia, WA 98502, on April 25, 1997, at 9:45 a.m.

Assistance for Persons with Disabilities: Contact Trudie Newcomer by April 15, 1997, TDD (360) 586-2788, or (360) 586-7569.

Submit Written Comments to: Department of Licensing, Mary Jelvik, P.O. Box 9020, Olympia, WA 98507-9020, FAX (360) 664-2550, by April 18, 1997.

Date of Intended Adoption: May 1, 1997.

March 12, 1997

Mary Jelvik

Administrator

NEW SECTION

WAC 308-420-250 Application of brief adjudicative proceedings. The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether an applicant for a registration meets the minimum criteria for a registration as a camping resort, camping resort operator or camping resort salesperson in this state and the department proposes to deny the application;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department; and

(3) Whether a registration holder requesting renewal has submitted all required information and whether a registration holder meets minimum criteria for renewal.

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NEW SECTION

WAC 308-420-260 Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for an original or renewal registration shall consist of:

(a) The application for the registration or renewal and all associated documents;

(b) All documents relied upon by the agency in proposing to deny the registration or renewal; and

(c) All correspondence between the applicant for registration or renewal and the agency regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the registration holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the registration holder and the agency regarding compliance with the final order or agreement; and

(d) All documents relied upon by the agency showing that the registration holder has failed to comply with the previously issued final order or agreement.

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NEW SECTION

WAC 308-420-270 Conduct of brief adjudicative proceedings. (1) 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 not have personally participated in the decision which resulted in the request for a brief adjudicative proceeding.

(2) 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.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for the decision.

(6) 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.

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