WSR 02-19-035

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 10, 2002, 11:15 a.m. ]

Date of Adoption: September 10, 2002.

Purpose: To clarify language.

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

Statutory Authority for Adoption: RCW 34.05.413(3).

Adopted under notice filed as WSR 02-14-001 on June 19, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

September 10, 2002

Walter 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