WSR 01-03-129

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed January 23, 2001, 11:58 a.m. ]

Date of Adoption: January 12, 2001.

Purpose: The purpose of this hearing is to amend WAC 308-08-085 (2)(a) Request for adjudicative proceedings, making it consistent with the Office of Administrative Hearing's (OAH) model rules procedures under WAC 10-08-110 (2) and (3). Under OAH WAC 10-08-110 (2) and (3), service by mail is regarded complete upon deposit in the United States mail. However, under the Department of Licensing (DOL) WAC 308-08-085 (2)(a), gives a respondent twenty calendar days from receipt of a written notice. DOL is amending WAC 308-08-085 to bring it in agreement with OAH rules to avoid any conflict between the two WACs

Citation of Existing Rules Affected by this Order: Amending WAC 308-08-085.

Statutory Authority for Adoption: RCW 34.05.416 and 34.05.419.

Adopted under notice filed as WSR 00-23-071 on November 17, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 12, 2001

Alan E. Rathbun

Assistant Director

OTS-4498.1


AMENDATORY SECTION(Amending WSR 90-21-086, filed 10/17/90, effective 11/17/90)

WAC 308-08-085   Requests for adjudicative proceedings.   (1) All applications requesting that the department of licensing conduct an adjudicative proceeding, including but not limited to requests for a hearing in a proceeding initiated by the department shall be made on the applicable form for such requests provided by the department or on a form which is substantially similar.

(2) Applications to the department for an adjudicative proceeding shall be made within the following time limitations:

(a) Within twenty calendar days of ((receipt by)) service, as defined in WAC 10-08-110 (2) and (3), the applicant of a written notice of an opportunity to request a hearing upon agency action, or contemplated agency action; or

(b) Within twenty calendar days from notice to the applicant from any source of administrative action by the department which the applicant believes has or will adversely affect the applicant.

(3) Failure of an applicant to file an application for an adjudicative proceeding within the time limits set forth in subsections (2)(a) or (2)(b) above, constitutes a default and results in the loss of the applicant's right to an adjudicative proceeding, and the department may proceed to resolve the case pursuant to RCW 34.05.440(1).

(4) The department shall not grant any request for an adjudicative proceeding to an applicant who does, or will, not have standing to request judicial review of the agency actions, or contemplated agency actions, pursuant to RCW 34.05.530.

(5) The department shall process applications for adjudicative proceedings as provided in RCW 34.05.416 and RCW 34.05.419.

[Statutory Authority: RCW 34.05.220 (1)(a). 90-21-086, 308-08-085, filed 10/17/90, effective 11/17/90.]

Washington State Code Reviser's Office