WSR 13-24-030 EMERGENCY RULES DEPARTMENT OF HEALTH [Filed November 25, 2013, 10:46 a.m., effective November 25, 2013, 10:46 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: WAC 246-10-701 is amended to specify that if no request for administrative review of an initial order is received within twenty-one days after the adjudicative clerk office serves the initial order, the initial order becomes final.
Citation of Existing Rules Affected by this Order: Amending WAC 246-10-701.
Statutory Authority for Adoption: Chapter 109, Laws of 2013.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: An administrative review of an initial order in an adjudicative proceeding absent a specific request for review by either party or the secretary could cause undue delay in the effectiveness of orders that a health law judge has issued to preserve the public health and safety. So therefore, the immediate adoption of this rule is in the public interest.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 22, 2013.
Jessica Todorovich
Deputy Secretary
for John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 97-12-089, filed 6/4/97, effective 7/5/97)
WAC 246-10-701 Appeal from initial order and initial order becoming a final order.
(1) Any party may file a written petition for administrative review of an initial order issued under WAC 246-10-503 or 246-10-608 stating the specific grounds upon which exception is taken and the relief requested. (2) The secretary, upon his or her own motion, may petition for administrative review of an initial order. (3) Petitions for administrative review must be served upon the opposing party and filed with the adjudicative clerk office within twenty-one days of service of the initial order. (((3))) (4) The opposing party may file a response to a petition for administrative review filed as provided in this section. The response shall be filed at the adjudicative clerk office. The party filing the response shall serve a copy of the response upon the party requesting administrative review. If the initial order was entered pursuant to WAC 246-10-503, the response shall be filed within ten days of service of the petition. In all other matters, the response shall be filed within twenty days of service of the petition. (5) If a party or the secretary does not request administrative review of an initial order as described above, an initial order becomes a final order at 5:00 p.m. on the twenty-first calendar day after the adjudicative clerk office serves the initial order.
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