(1) The board may take official notice of:
(a) Any judicially cognizable facts;
(b) Any matter of public record;
(c) Technical or scientific facts within the agency's specialized knowledge; and
(d) Codes or standards that have been adopted by any state or federal agency or by a nationally recognized organization or association.
(2) Any party may challenge such a fact by filing an exception to a proposed or initial decision pursuant to WAC
456-10-730, or by a petition for reconsideration of a final decision pursuant to WAC
456-10-755. Such a challenge must concisely and clearly set forth the sources, authority, and other data relied on to show the existence or nonexistence of the fact assumed or denied in the decision.
(3) A party asking the board to take official notice may be required to produce a copy of the material to be noticed.
[Statutory Authority: RCW
82.03.170. WSR 22-13-111, § 456-10-565, filed 6/15/22, effective 7/16/22; WSR 05-13-141, § 456-10-565, filed 6/21/05, effective 8/1/05; WSR 89-10-057 (Order 89-03), § 456-10-565, filed 5/2/89.]