Effective Date of Rule: Thirty-one days after filing.

     Purpose: The adopted rules amend the procedural rules for adjudicative proceedings conducted by the department of health and its affiliated health profession boards and commissions. These rules reconcile the procedural rules with case law.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-10-606 and 246-11-520.

     Statutory Authority for Adoption: RCW 18.130.050 and 34.05.220.

      Adopted under notice filed as WSR 08-08-089 on April 1, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 25, 2008.

Mary C. Selecky

Secretary

OTS-9784.1

AMENDATORY SECTION(Amending Order 369, filed 6/3/93, effective 7/4/93)

WAC 246-10-606   Standard of proof.   (1) The order shall be based on the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs.

     (2) In all cases involving an application for license the burden shall be on the applicant to establish that the application meets all applicable criteria. In all other cases the burden is on the department to prove the alleged factual basis set forth in the initiating document.

     (3) Except as otherwise ((provided)) required by ((statute)) law, the burden in all cases is a preponderance of the evidence.

[Statutory Authority: RCW 43.70.040. 93-13-005 (Order 369), § 246-10-606, filed 6/3/93, effective 7/4/93.]

OTS-9785.1

AMENDATORY SECTION(Amending Order 347, filed 3/24/93, effective 4/24/93)

WAC 246-11-520   Standard of proof.   (1) The order shall be based on the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs.

     (2) In all cases involving an application for license the burden shall be on the applicant to establish that the application meets all applicable criteria. In all other cases the burden is on the department to prove the alleged factual basis set forth in the initiating document.

     (3) Except as otherwise ((provided)) required by ((statute)) law, the burden in all cases is a preponderance of the evidence.

[Statutory Authority: RCW 18.130.050(1). 93-08-003 (Order 347), § 246-11-520, filed 3/24/93, effective 4/24/93.]

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