WSR 04-23-017

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 5, 2004, 3:06 p.m. ]

Continuance of WSR 04-20-112.

Preproposal statement of inquiry was filed as WSR 04-15-040.

Title of Rule and Other Identifying Information: Chapter 308-08 WAC, new sections: Brief adjudicative proceedings -- When they can be used; Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings, WAC 308-08-416 Petition for reconsideration of final orders amendment.

Hearing Location(s): Conference Room 102, 405 Black Lake Boulevard, Olympia, WA 98502, on December 21, 2004, at 1:00-2:00.

Date of Intended Adoption: December 22, 2004.

Submit Written Comments to: Jon Donnellan, P.O. Box 9660, Olympia, WA 98507-9660, e-mail jdonnellan@dol.wa.gov, fax (360) 586-4414, by December 20, 2004.

Assistance for Persons with Disabilities: Contact Jon Donnellan by December 17, 2004, TTY (360) 586-2788 or (360) 664-1528.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed rules apply to director programs within the Business and Professions Division and establish when the director can use brief adjudicative proceedings (BAP) in place of formal adjudicative proceedings, the types of issues they can be used for, and clarify the conditions when a final order will be reconsidered. They also clarify how a party can file an objection to the BAP and request a conversion to a formal adjudicative hearing. 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.

Reasons Supporting Proposal: This would result in reduced administrative cost to the department while ensuring independent review and expedience for the applicant or licensee.

Statutory Authority for Adoption: RCW 18.235.030, chapter 34.05 RCW.

Statute Being Implemented: Chapter 18.235 RCW.

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

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting and Enforcement: Linda Moran, Attorney General's Office, (360) 753-2619; and Implementation: Andrea Archer, Business and Professions Division, (360) 664-1444.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules reduce costs for licensees.

A cost-benefit analysis is not required under RCW 34.05.328. The rules should reduce costs for the department.

November 5, 2004

Jon Donnellan

Assistant Director

Business and Professions Division

as delegated by Andrea C. Archer

Legislature Code Reviser 

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Washington State Code Reviser's Office