WSR 04-15-040

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF LICENSING


[ Filed July 12, 2004, 2:47 p.m. ]

Subject of Possible Rule Making: New sections to chapter 308-08 WAC, Brief adjudicative proceedings, when they can be used and objections to proceedings and conversion to formal adjudicative proceedings.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.235.030 Uniform Regulation of Business and Professions Act and chapter 34.05 RCW, Administrative Procedure Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These two new sections establish the process for using brief adjudicative proceedings (BAP) for addressing and resolving specific regulatory actions on license applications and/or licenses. BAPs are adjudicative proceedings under the Administrative Procedure Act, chapter 34.05 RCW, that are brief in form, that should take less time, and expedite a decision for an applicant or licensee. This would result in reduced administrative cost to the department while ensuring independent review and experience for the applicant or licensee.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Attorney General's Office.

Process for Developing New Rule: Study developed between Department of Licensing and Attorney General's Office.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary Jelvik, Project Administrator, Department of Licensing, Business and Professions Division, P.O. Box 9034, Olympia, WA 98507-9034, (360) 664-1452, mjelvik@dol.wa.gov. Stakeholder meetings to be held by appropriate professional license program staff.

July 12, 2004

Jon Donnellan

Assistant Director

Business and Professions Division

as delegated by Mykel Gable

Legislature Code Reviser 

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Washington State Code Reviser's Office