WSR 97-07-026

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed March 12, 1997, 4:20 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-13-015 and 96-20-004.

Purpose: WAC 308-19-400 Application of brief adjudicative proceedings, 308-19-410 Preliminary record in brief adjudicative proceedings, and 308-19-420 Conduct of brief adjudicative proceedings.

Statutory Authority for Adoption: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c).

Statute Being Implemented: Chapter 18.185 RCW.

Summary: The rules provide information about when the department can conduct a brief adjudicative proceeding, what records for the proceedings are required and/or allowed, and how the proceeding shall be conducted.

Reasons Supporting Proposal: The reason supporting this proposal is to provide an appeal process in a more informal and less onerous environment which benefits all parties compared to the existing administrative process currently in place.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Jelvik, 405 Black Lake Boulevard, Olympia, WA 98502, 753-2494.

Name of Proponent: Department of Licensing, Business and Professions Division, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule allows the department to administer brief adjudicative proceedings, describes preliminary records for the proceedings and conduct of the proceedings for specific issues. The rule expands the program's regulatory options providing the public with a simple and timely appeal process for department action.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Conference Room 1, Building 2, Olympia, WA 98502, on April 25, 1997, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Trudie Newcomer by April 15, 1997, TDD (360) 586-2788, or (360) 586-7569.

Submit Written Comments to: Department of Licensing, Mary Jelvik, P.O. Box 9020, Olympia, WA 98507-9020, FAX (360) 664-2550, by April 18, 1997.

Date of Intended Adoption: May 1, 1997.

March 12, 1997

Mary Jelvik

Administrator

PART F

BRIEF ADJUDICATIVE PROCEEDINGS

NEW SECTION

WAC 308-19-400 Application of brief adjudicative proceedings. The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether an applicant for a license meets the minimum criteria for a license to practice as a bail bond agency, qualified agent, branch office or bail bond agent in this state and the department proposes to deny the application;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) Whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule;

(4) Whether a license holder requesting renewal has submitted all required information and whether a license holder meets minimum criteria for renewal; and

(5) Whether a license holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship.

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NEW SECTION

WAC 308-19-410 Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the department in proposing to deny the license, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the department regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the department regarding compliance with the final order or agreement; and

(d) All documents relied upon by the department showing that the license holder has failed to comply with the previously issued final order or agreement.

(3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed educational loan or service-conditional scholarship shall consist of:

(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed educational loan or service-conditional scholarship; or

(b) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.

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NEW SECTION

WAC 308-19-420 Conduct of brief adjudicative proceedings. (1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision which resulted in the request for a brief adjudicative proceeding.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ department expertise as a basis for the decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

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