WSR 97-22-074

PREPROPOSAL STATEMENT OF INQUIRY

BOARD OF ACCOUNTANCY

[Filed November 4, 1997, 3:41 p.m.]

Subject of Possible Rule Making: WAC 4-25-540 Brief adjudicative proceedings.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.04.055(1) and 34.05.482.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 1. The existing rule allows persons aggrieved by a brief adjudicative proceedings order to appeal to the full board for administrative review. Under such a process, the board would not be able to grant a person appealing to the courts for relief from an administrative review an objective unbiased hearing because the full board had already heard the matter. Amendment of the rule will provide:

A process for a person to appeal a brief adjudicative proceedings order to the board's vice-chair thus not compromising the entire board.

Full due process to persons under the authority of the Board of Accountancy.

2. RCW 18.04.420 (governing the license or certificate suspension for nonpayment or default on education loan or scholarship) requires that the board provide the person an opportunity for a brief adjudicative proceeding. Amendment of the rule will add student loan default to the list of matters for which the agency will use the brief adjudicative proceeding process as dictated by statute.

3. The existing rule requires petitioners for administrative review to make their appeal in writing, within twenty-one days after "receipt" of the brief adjudicative proceedings order. The board seeks to clarify that the appeal must be received by the board, orally or in writing, within twenty-one days after the brief adjudicative proceedings order is posted in the United States mail to be consistent with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by writing to Dana M. McInturff, Executive Director, Washington State Board of Accountancy, P.O. Box 9131, Olympia, WA 98507-9131, (360) 664-9194, FAX (360) 664-9190, e-mail 103124.2013@compuserve.com.

October 22, 1997

Dana M. McInturff