(1) The administrative law judge (ALJ) may consider and admit evidence by taking judicial notice.
(2) Judicial notice is evidence that includes facts or standards that are generally recognized and accepted by judges, government agencies, or national associations. For example, an administrative law judge may take judicial notice of a calendar, a building code, or a standard or practice.
(3) If a party requests judicial notice, or if the ALJ intends to take judicial notice, the ALJ may ask the party to provide a copy of the document that contains the information.
(4) If judicial notice has been requested, or if the ALJ intends to take judicial notice, the ALJ must tell the parties before or during the hearing.
(5) The ALJ must give the parties time to object to judicial notice evidence.
[Statutory Authority: 2011 1st sp.s. c 15 § 53, chapters
74.09,
34.05 RCW, and 10-08 WAC. WSR 13-02-007, § 182-526-0440, filed 12/19/12, effective 2/1/13.]