Date of Adoption: April 28, 2000.
Purpose: To provide a process authorized by the Administrative Procedure Act (chapter 34.05 RCW) for persons to appeal certain decisions by board staff.
Citation of Existing Rules Affected by this Order: Amending WAC 4-25-540 What are brief adjudicative proceedings?
Statutory Authority for Adoption: RCW 18.04.055(1).
Other Authority: RCW 34.05.482.
Adopted under notice filed as WSR 00-07-007 on March 3, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: June 30, 2000.
May 8, 2000
Dana M. McInturff, CPA
AMENDATORY SECTION(Amending WSR 98-12-022, filed 5/27/98, effective 6/27/98)
What are brief adjudicative proceedings?
For certain types of decisions, the board has adopted an appeal process authorized by chapter 34.05 RCW which is called a brief adjudicative proceeding. Decisions to which this appeal process will be applied are:
|•||Denials of initial individual license or certificate applications;|
|•||Denials of initial firm license applications and firm license renewals;|
|•||Denials of exam applications; and|
|•||A determination whether a licensee or certificateholder has been certified by a lending agency and reported for nonpayment or default on a federally or state-guaranteed student loan or service conditional scholarship.|
If you ((
do not receive satisfaction from)) are dissatisfied
with the order in the brief adjudicative proceeding, you may
appeal to the board's vice-chair. This appeal process is called
an administrative review. Your 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 U.S. mail. The vice-chair considers your appeal and either upholds or
overturns the brief adjudicative proceeding (( decision)) order. The vice-chair's decision, also called an order, is mailed to
[Statutory Authority: RCW 18.04.055(1) and 34.05.482. 98-12-022, § 4-25-540, filed 5/27/98, effective 6/27/98. Statutory Authority: RCW 18.04.055. 93-12-074, § 4-25-540, filed 5/27/93, effective 7/1/93.]