(1) A brief adjudicative proceeding may be presided over by the chair, or a member of the board designated by the chair.
(2) When a violation is alleged, before taking action, the executive director shall send the alleged violator notice, which shall include:
(a) The determination of reasonable cause and the investigative report;
(b) The maximum amount of the penalty and costs which can be imposed at the hearing; and
(c) Person's right to respond, within twenty days, either in writing or in person to explain his/her view of the matter.
(3) At the time of the hearing if the presiding officer believes alleged violations no longer meet the criteria in WAC
292-100-180, the presiding officer shall immediately adjourn the brief adjudicative proceeding and direct the matter to be scheduled for a public hearing by the full board or an administrative law judge.
(4) At the time any unfavorable action is taken, the presiding officer shall serve upon each party a written statement describing the violation, the reasons for the decision, the penalty and costs imposed and their right to request review by the board.
(5) The written decision of the presiding officer is an initial order. If no review is taken of the initial order, the initial order shall be the final order.
[Statutory Authority: RCW
42.52.360 (2)(b) and
42.52.425. WSR 01-13-033, § 292-100-190, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW
42.52.360 (2)(b). WSR 99-06-073, § 292-100-190, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter
42.52 RCW and RCW
42.52.360 (2)(b). WSR 96-22-028, § 292-100-190, filed 10/30/96, effective 11/30/96.]