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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

Executive Director

OTS-3844.1

AMENDATORY SECTION(Amending WSR 98-12-022, filed 5/27/98, effective 6/27/98)

WAC 4-25-540
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;
((•	Good character rulings;))
((•	Agency ethics rulings; and))
•	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.

To appeal a decision you must submit your request for a brief adjudicative proceeding, in writing, to the board within thirty days after the decision by board staff is posted in the U.S. mail.      The residing officer for the brief adjudicative proceedings is the executive director.      After consulting with a board member, the executive director renders a decision either upholding or overturning the decision by board staff.      This decision, called an order, is mailed to you.

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 you.

[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.]

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