(1) Within thirty days after receipt of the application for adjudicative proceeding, the secretary's designee shall:
(a) Approve the application for full adjudicative procedure and issue and serve on the parties a scheduling order specifying the course of the proceeding; or
(b) Approve the application for a brief adjudicative procedure and issue and serve a notice of the date by which any additional written materials are to be submitted for consideration; or
(c) Deny the application according to RCW
34.05.416.
(2) For matters under chapter
18.130 RCW, the scheduling order must specify:
(a) The date, time, and place of a prehearing conference and the hearing;
(b) The deadlines for completion of discovery and submission of prehearing motions; and
(c) The name, address, and telephone number of the assistant attorney general or other department representative who will represent the department in the matter.
(3) The scheduling order may be modified by order of the presiding officer upon his or her own initiative or upon motion of a party. Any request for a change to the initial scheduling order must be made by motion as provided in WAC
246-10-403.
(4) The presiding officer may waive establishing dates for the completion of discovery, submission of prehearing motions, and the prehearing conference, if, in the discretion of the presiding officer, those proceedings are not necessary or appropriate in a particular matter or type of case. However, either party may request by motion to the presiding officer that any or all of the dates be set.
(5) Dates contained in the scheduling order may be changed by the adjudicative clerk's office upon written request of either party made within fifteen days of issuance of the first scheduling order. All other changes must be made by motion pursuant to WAC
246-10-403.
[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, § 246-10-205, filed 8/29/18, effective 9/29/18. Statutory Authority: RCW
18.155.040. WSR 97-12-089, § 246-10-205, filed 6/4/97, effective 7/5/97. Statutory Authority: RCW
43.70.040. WSR 94-04-079, § 246-10-205, filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-205, filed 6/3/93, effective 7/4/93.]