WSR 02-14-001

EXPEDITED RULES

DEPARTMENT OF LICENSING


[ Filed June 19, 2002, 2:29 p.m. ]

Title of Rule: Requests for adjudicative proceedings.

Purpose: To clarify language.

Statutory Authority for Adoption: RCW 34.05.413(3).

Statute Being Implemented: RCW 34.05.413(3).

Summary: Language has been clarified and made more specific.

Reasons Supporting Proposal: The assistant attorney generals' representing the departments programs suggested the rule changes in order to clarify the process.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Walt Fahrer, 1125 Washington Street S.E., Olympia, WA 98507-9020, (360) 902-3640.

Name of Proponent: Department of Licensing, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule gives details on how the department processes applications for adjudicative proceedings. The purpose is to make it clear to the departments customers what they need to do in the process. The anticipated effects of this amendment will be that there is less confusion.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Walt Fahrer, Department of Licensing, 1125 Washington Street S.E., Olympia, WA 98507-9020 , AND RECEIVED BY September 3, 2002.


June 18, 2002

Walt Fahrer

Rules Coordinator

OTS-5746.1


AMENDATORY SECTION(Amending WSR 01-03-129, filed 1/23/01, effective 2/23/01)

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

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

(c) For purposes of this subsection, the time limitations begin upon actual notice, personal service or deposit in the U.S. mail, whichever occurs first.

(3) Failure of an applicant to file an application for an adjudicative proceeding within the time limits set forth in subsection((s)) (2)(((a) or (2)(b) above)) of this section, 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)) is not aggrieved or adversely affected by the agency action as defined by RCW 34.05.530.

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

[Statutory Authority: RCW 34.05.416 and 34.05.419. 01-03-129, 308-08-085, filed 1/23/01, effective 2/23/01. 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