(1)
Introduction. The department conducts adjudicative proceedings pursuant to chapter
34.05 RCW, the Administrative Procedure Act (APA). This section explains the procedure and process for formal adjudicative proceedings conducted by the department. These formal proceedings include, but are not limited to, log export enforcement actions pursuant to chapter
240-15 WAC, orders to county officials issued pursuant to RCW
84.08.120 and
84.41.120, and converted brief adjudicative proceedings. This section does not apply to wholesale and retail cigarette license revocation/suspension of RCW
82.24.550, certificate of registration (tax registration endorsement) revocation of RCW
82.32.215, or other proceedings which are brief adjudicative proceedings and are explained in WAC
458-20-10001. This section also does not apply to the nonadjudicative proceedings as provided in RCW
82.32.160,
82.32.170 and WAC
458-20-100.
(a)
Presiding officer - final order - review. The presiding officer of a formal adjudicative proceeding shall be the director, department of revenue, or such person as the director shall designate. The presiding officer, whether the director of the department of revenue, or such person as the director shall have designated, shall make the final decision and shall enter a final order as provided in RCW
34.05.461 (1)(b). No further administrative review is available from a decision of the presiding officer.
(b)
Petitions for reconsideration. RCW
34.05.470 provides that petitions for reconsideration shall be filed within ten days of the final order. A petition for reconsideration shall be filed with the presiding officer at the address of the presiding officer provided in the notice of the proceedings, or at such other address as may be provided in the final order, and shall be in the form of other pleadings in the matter. As with all other pleadings, a copy of the petition shall be served upon all other parties to the proceeding.