WSR 97-10-051
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed May 1, 1997, 12:40 p.m.]
Date of Adoption: May 1, 1997.
Purpose: WAC 308-127-310 Application of brief adjudicative proceedings, 308-127-320 Preliminary record in brief adjudicative proceedings, and 308-127-330 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 97-07-028 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 308-127-310 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 registration meets the minimum criteria for a registration as a timeshare project, timeshare promoter or timeshare salesperson 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; and
(3) Whether a registration holder requesting renewal has submitted
all required information and whether a registration holder meets minimum
criteria for renewal.
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NEW SECTION
WAC 308-127-320 Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for an original or renewal registration shall consist of:
(a) The application for the registration or renewal and all associated documents;
(b) All documents relied upon by the director in proposing to deny the registration or renewal; and
(c) All correspondence between the applicant for registration or renewal and the director 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 registration holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the registration holder and the director regarding compliance with the final order or agreement; and
(d) All documents relied upon by the director showing that the
registration holder has failed to comply with the previously issued final
order or agreement.
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NEW SECTION
WAC 308-127-330 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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