PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-18-071.
Title of Rule: WAC 308-08-085 Requests for adjudicative proceedings.
Purpose: The Department of Licensing (DOL) is amending WAC 308-08-085 (2)(a) Requests for adjudicative proceedings making it consistent with the Office of Administrative Hearing's (OAH) model rules of procedures under WAC 10-08-110 (2) and (3).
Statutory Authority for Adoption: RCW 34.05.416 and 34.05.419.
Statute Being Implemented: Chapter 34.05 RCW.
Summary: Under OAH WAC 10-08-110 (2) and (3), 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.
Reasons Supporting Proposal: This conflict resulted in DOL having to vacate a default judgment.
Name of Agency Personnel Responsible for Drafting: Nancy L. Varnum, 405 Black Lake Boulevard, Olympia, WA, 664-1442; Implementation and Enforcement: Alan E. Rathbun, 405 Black Lake Boulevard, Olympia, WA, 664-1444.
Name of Proponent: Department of Licensing, Business and Professions Division, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Summary and Reasons Supporting Proposal above.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The Department of Licensing is amending WAC 308-08-085 (2)(a) Requests for adjudicative proceedings making it consistent with the OAH model rules of procedures under WAC 10-08-110 (2) and (3).
Proposal Changes the Following Existing Rules: The proposed change does clarify, but does so by changing the literal effect of the rule.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact on small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is not one of the agencies listed in this statute.
Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room #1, Olympia, WA 98502, on January 11, 2001, at 10:00.
Assistance for Persons with Disabilities: Contact Nancy L. Varnum by January 8, 2001, TDD (360) 586-2788.
Submit Written Comments to: Nancy L. Varnum, Management Analyst, Business and Professions Division, P.O. Box 9034, Olympia, WA 98507-9034, fax (360) 586-1586.
Date of Intended Adoption: January 11, 2001.
November 7, 2000
Alan E. Rathbun
Assistant Director
OTS-4498.1
AMENDATORY SECTION(Amending WSR 90-21-086, filed 10/17/90,
effective 11/17/90)
WAC 308-08-085
Requests for adjudicative proceedings.
(1) All applications requesting that the department of licensing conduct an adjudicative proceeding, including but not limited to requests for a hearing in a proceeding initiated by the department shall be made on the applicable form for such requests provided by the department or on a form which is substantially similar.
(2) Applications to the department for an adjudicative proceeding shall be made within the following time limitations:
(a) Within twenty calendar days of ((receipt by)) service,
as defined in WAC 10-08-110 (2) and (3), the applicant of a
written notice of an opportunity to request a hearing upon agency
action, or contemplated agency action; or
(b) Within twenty calendar days from notice to the applicant from any source of administrative action by the department which the applicant believes has or will adversely affect the applicant.
(3) Failure of an applicant to file an application for an adjudicative proceeding within the time limits set forth in subsections (2)(a) or (2)(b) above, constitutes a default and results in the loss of the applicant's right to an adjudicative proceeding, and the department may proceed to resolve the case pursuant to RCW 34.05.440(1).
(4) The department shall not grant any request for an adjudicative proceeding to an applicant who does, or will, not have standing to request judicial review of the agency actions, or contemplated agency actions, pursuant to RCW 34.05.530.
(5) The department shall process applications for adjudicative proceedings as provided in RCW 34.05.416 and RCW 34.05.419.
[Statutory Authority: RCW 34.05.220 (1)(a). 90-21-086, § 308-08-085, filed 10/17/90, effective 11/17/90.]