WSR 97-10-046
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed May 1, 1997, 12:25 p.m.]
Date of Adoption: May 1, 1997.
Purpose: WAC 308-11-140 Application of brief adjudicative proceedings, 308-11-150 Preliminary record in brief adjudicative proceedings, and 308-11-160 Conduct of brief adjudicative proceedings.
Statutory Authority for Adoption: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c).
Adopted under notice filed as WSR 97-07-035 on March 12, 1997.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
April 31 [May 1], 1997
Mary L. Jelvik
Administrator
NEW SECTION
WAC 308-11-140 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 an auctioneer or auction company 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 a license holder requesting renewal has submitted all required information and whether a license holder meets minimum criteria for renewal; and
(4) 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 308-11-150 Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for an original or renewal license shall consist of:
(a) The application for the license or renewal and all associated documents;
(b) All documents relied upon by the department in proposing to deny the license or renewal; and
(c) All correspondence between the applicant for license or renewal 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 308-11-160 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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