PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Amend WAC 308-08-085 as it relates to due process and proceeding before an administrative law judge.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.220.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: There is a conflict between the Department of Licensing's (DOL) WAC 308-08-085 Requests for adjudicative proceedings, and the Office of Administrative Hearing's (OAH) model rules of procedure under WAC 10-08-110. Under OAH WAC 10-08-110 (2)(c), service by mail is regarded complete upon deposit in the United States mail. However, under DOL WAC 308-08-085 (2)(a), gives a respondent twenty calendar days from receipt of a written notice. DOL is amending WAC 308-08-085 to bring it in agreement with OAH rules to avoid any conflict between the two WACs.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of Administrative Hearings - working with the Office of the Attorney General.
Process for Developing New Rule: Agency study.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may comment by mail, fax, or phone to Nancy L. Varnum, Management Analyst, Business and Professions Division, P.O. Box 9034, Olympia, WA 98507-9034, phone (360) 664-1442, fax (360) 586-1596.
August 31, 2000
Alan E. Rathbun
Business and Professions Division