Title of Rule and Other Identifying Information: Relating to brief adjudicative proceedings and the Collection
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ramona Provost, Department of Licensing, 1125 South Washington Street S.E., P.O. Box 9020, Olympia, WA 98507-9020 , AND RECEIVED BY May 22, 2007.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To align the WACs covering brief adjudicative proceedings with WAC 308-08-525 which are authorized by chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.
Changes WAC 308-29-090, 308-29-110 and 308-29-120; deleting WAC 308-29-100; establishing WAC 308-29-130, relating to brief adjudicative proceedings.
Reasons Supporting Proposal: The rules being proposed by the collection agency board program area incorporate the Uniform Regulation of Business and Professions Act Brief Adjudication Process (BAP) step...referring to chapter 18.235 RCW specifically, and repeating the wording from the URBP WAC that covers that RCW. This would bring their current WAC on BAP into conformity with the over-arching regulations.
Statutory Authority for Adoption: RCW 19.16.410.
Statute Being Implemented: Chapters 19.16, 43.24 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, collection agency board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Harumi Tolbert, 405 Black Lake Boulevard S.W., Olympia, WA 98507, (360) 664-1389.
March 16, 2007
AMENDATORY SECTION(Amending WSR 01-11-132, filed 5/22/01, effective 6/22/01)
WAC 308-29-090 ((
Application of)) Brief adjudicative
proceedings -- When they can be used.
(1) The board adopts RCW 34.05.482 through 34.05.494 for the administration of brief
adjudicative proceedings conducted (( by request of an
applicant or licensee, or)) at the discretion of the board
(( chair pursuant to RCW 34.05.482, for the categories of
matters set out below)). Brief adjudicative proceedings (( may
be conducted where the matter is limited solely to one or more
of the following issues:
(1) Whether an applicant for licensure meets the minimum criteria for a license to practice as a collection agency, out-of-state collection agency, or collection agency branch office in this state and the board proposes to deny the application;
(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the board;
(3) Whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal; and
(4) Whether a license holder meets the surety bond requirements to maintain their license and the board proposes to terminate the license)) can be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant or licensee failed to cooperate in an investigation by the board;
(f) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;
(g) Whether an applicant or licensee has defaulted on education loans;
(h) Whether an applicant or licensee has violated the terms of a final order issued by the board;
(i) Whether a licensee has committed recordkeeping violations;
(j) Whether a licensee has committed trust account violations;
(k) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising; or
(l) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (1) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
[Statutory Authority: [RCW 19.16.410]. 01-11-132, § 308-29-090, filed 5/22/01, effective 6/22/01.]
(2) The parties or their representatives may present
written documentation. The presiding officer for brief
adjudicative proceedings shall designate the date by which
written documents must be submitted by the parties.
(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.
(4) No witnesses may appear to testify.
(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.
(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.))
[Statutory Authority: [RCW 19.16.410]. 01-11-132, § 308-29-110, filed 5/22/01, effective 6/22/01.]
[Statutory Authority: [RCW 19.16.410]. 01-11-132, § 308-29-120, filed 5/22/01, effective 6/22/01.]
(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:
(a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;
(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;
(c) Whether a brief adjudicative proceeding will establish an adequate record for further board or judicial review;
(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the board;
(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding officer deems relevant in reaching a determination.
The following section of the Washington Administrative Code is repealed:
|WAC 308-29-100||Preliminary record in brief adjudicative proceedings.|