WSR 20-15-021
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed July 7, 2020, 11:34 a.m., effective August 7, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule will avoid inconsistency in calculations and reduce the number of hearings that would be dismissed for being scheduled beyond the statutory thirty days.
Citation of Rules Affected by this Order: Amending WAC 308-101-030.
Statutory Authority for Adoption: RCW 46.01.110 and 46.20.308.
Adopted under notice filed as WSR 20-11-060 on May 19, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 7, 2020.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-11-098, filed 5/21/18, effective 9/4/18)
WAC 308-101-030Computation of time.
(1) In computing any period of time prescribed or allowed by any applicable statute or rule, RCW 1.12.040 shall apply;
(2) When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation;
(3) Whenever a person has the right to request a hearing or other proceeding within a prescribed period after "notice is given" by the department under Title 46 RCW or 308 WAC, such notice is deemed to be given on the third day after the notice is deposited into the state mailing service;
(4) Whenever a person has the right to request a hearing or other proceeding within a prescribed period after "receiving notice" from the department under Title 46 RCW or 308 WAC, such notice is deemed to be "received" by a person on the third day after the notice is deposited into the state mailing service((.));
(5) A request for a hearing or interview under Title 46 RCW is deemed complete on the day the request is postmarked or, if sent electronically, the date the request is received by the department, and the department is deemed to be in receipt of the hearing or interview request on the third day after the request is postmarked.