Original Notice.

Preproposal statement of inquiry was filed as WSR 99-23-054.

Title of Rule: WAC 4-25-540 What are brief adjudicative proceedings?

Purpose: To provide a process authorized by the Administrative Procedure Act, chapter 34.05 RCW, for persons to appeal certain decisions by board staff.

Statutory Authority for Adoption: RCW 18.04.055(1).

Statute Being Implemented: RCW 34.05.482.

Summary: To provide a process for persons to appeal a staff action denying initial individual license or certificate applications, initial or renewal firm license applications, exam applications, or a determination of default on federally or state-guaranteed student loans.

Reasons Supporting Proposal: RCW 34.05.482 (the Administrative Procedure Act) allows the board to use brief adjudicative proceedings provided the board has by rule adopted RCW 34.05.482 and 34.05.485 through 34.05.494 and the matter is entirely within one or more categories within the board's rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dana M. McInturff, CPA, 210 East Union, Suite A, Olympia, (360) 586-0163.

Name of Proponent: Board of Accountancy, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 34.05 RCW (Administrative Procedure Act) allows agencies to adopt brief adjudicative proceedings to resolve some limited administrative issues. The board uses brief adjudicative proceedings to provided a process to persons to appeal staff actions denying initial individual license or certificate applications, initial or renewal of firm license applications, exam applications, or a determination of default on federally or state-guaranteed student loans.

Proposal Changes the Following Existing Rules: The amendment to this rule:

1. Adds "denials of exam applications" to the listing of decisions governed by brief adjudicative proceedings - this is a technical correction to align the rule with long-term board practice.

2. Adds "denials of initial firm license applications and firm license renewals" to the listing of decisions governed by brief adjudicative proceedings.

3. Eliminates "good character rulings" from the brief adjudicative proceedings - due [to] the severity of the consequence.

4. Eliminates "agency ethics rulings" from the brief adjudicative proceedings - too vague.

5. Includes two minor working amendments for clarity.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not have more than minor economic impact on business.

RCW 34.05.328 does not apply to this rule adoption. The Board of Accountancy is not one of the agencies required to submit to the requirements of RCW 34.05.328.

Hearing Location: Wyndham Garden Hotel -- SeaTac, 18118 Pacific Highway South, SeaTac, WA 98188, on April 28, 2000, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Cheryl Sexton by April 21, 2000, TDD (800) 833-6384, or (360) 664-9194.

Submit Written Comments to: Dana M. McInturff, P.O. Box 9131, Olympia, WA 98507-9131, fax (360) 664-9190, by April 26, 2000.

Date of Intended Adoption: April 28, 2000.

February 25, 2000

Dana M. McInturff, CPA

Executive Director

OTS-3844.1

AMENDATORY SECTION(Amending WSR 98-12-022, filed 5/27/98, effective 6/27/98)

WAC 4-25-540
What are brief adjudicative proceedings?

For certain types of decisions, the board has adopted an appeal process authorized by chapter 34.05 RCW which is called a brief adjudicative proceeding.      Decisions to which this appeal process will be applied are:

•	Denials of initial individual license or certificate applications;
((•	Good character rulings;))
((•	Agency ethics rulings; and))
•	Denials of initial firm license applications and firm license renewals;
•	Denials of exam applications; and
•	A determination whether a licensee or certificateholder has been certified by a lending agency and reported for nonpayment or default on a federally or state-guaranteed student loan or service conditional scholarship.

To appeal a decision you must submit your request for a brief adjudicative proceeding, in writing, to the board within thirty days after the decision by board staff is posted in the U.S. mail.      The residing officer for the brief adjudicative proceedings is the executive director.      After consulting with a board member, the executive director renders a decision either upholding or overturning the decision by board staff.      This decision, called an order, is mailed to you.

If you ((do not receive satisfaction from)) are dissatisfied with the order in the brief adjudicative proceeding, you may appeal to the board's vice-chair.      This appeal process is called an administrative review.      Your appeal must be received by the board, orally or in writing, within twenty-one days after the brief adjudicative proceedings order is posted in the U.S. mail.      The vice-chair considers your appeal and either upholds or overturns the brief adjudicative proceeding ((decision)) order.      The vice-chair's decision, also called an order, is mailed to you.

[Statutory Authority: RCW 18.04.055(1) and 34.05.482.      98-12-022, § 4-25-540, filed 5/27/98, effective 6/27/98.      Statutory Authority: RCW 18.04.055.      93-12-074, § 4-25-540, filed 5/27/93, effective 7/1/93.]

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