PDFWAC 246-10-107

Persons who may request adjudicative proceedings.

The following persons or entities may request an adjudicative proceeding under this chapter.
(1)(a) With respect to the denial of applications made under chapters 246-290, 246-291, and 246-295 WAC, the denied applicant may request an adjudicative proceeding.
(b) A person whose application for the approval of a new public water system is denied under WAC 246-293-190, a purveyor whose license is adversely affected by a departmental decision under WAC 246-293-190 or the county legislative authority having jurisdiction in the area affected by the decision may request an adjudicative proceeding under this chapter.
(c) A purveyor affected by the decision of the department under WAC 246-293-430 or the county legislative authority having jurisdiction in the area may request an adjudicative proceeding with respect to a decision made under WAC 246-293-430.
(d) A person upon whom a civil penalty is imposed under RCW 70A.125.040 may request an adjudicative proceeding.
(2) Persons named in an initiating document under chapter 18.130 RCW involving the issuance, denial, or other action against a license, or alleging unlicensed practice, may request an adjudicative proceeding.
(3) With respect to matters involving receipt of benefits or application therefor, the recipient of or applicant for the benefits may request an adjudicative proceeding.
(4) With respect to an application for approval of a school or curriculum, or the withdrawal of such approval, the person or entity that applied for such approval may request an adjudicative proceeding.
(5) With respect to the department's final threshold determination that an environmental impact statement (EIS) is or is not necessary and with respect to the adequacy of a final EIS, any person may request an adjudicative proceeding who:
(a) Is seeking to protect an interest within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question; and
(b) Will be specifically and perceptibly harmed by the proposed action.
(6) Any other person or entity who has the right to request an adjudicative proceeding under RCW 43.70.115 or other applicable statute or rule.
(7) Any application for an adjudicative proceeding that on its face demonstrates that the person making the application does not have standing under this rule may be summarily dismissed by entry of a decision pursuant to RCW 34.05.416. A motion to dismiss a matter for lack of standing may be made at any time prior to entry of the final order.
[Statutory Authority: RCW 43.70.040 and 2020 c 20. WSR 22-07-025, § 246-10-107, filed 3/9/22, effective 4/9/22. Statutory Authority: RCW 43.70.040, 34.05.220, 34.05.410, 18.130.050, and 34.05.413 through 34.05.476. WSR 18-18-049, § 246-10-107, filed 8/29/18, effective 9/29/18. Statutory Authority: RCW 18.130.050 and 43.70.040. WSR 96-21-027, § 246-10-107, filed 10/7/96, effective 11/7/96. Statutory Authority: RCW 43.70.040. WSR 94-04-079, § 246-10-107, filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-107, filed 6/3/93, effective 7/4/93.]