WSR 18-16-073
EXPEDITED RULES
DEPARTMENT OF LICENSING
[Filed July 30, 2018, 9:46 a.m.]
Title of Rule and Other Identifying Information: WAC 98-08-005 Brief adjudicative proceedings—When they can be used (cemetery board), 196-09-050 Brief adjudicative proceedings (engineers and land surveyors), 196-09-055 Records required for brief adjudicative proceeding (engineers and land surveyors), 308-08-525 Brief adjudicative proceedingsWhen they can be used (department of licensing (DOL) general authority), 308-12-345 Brief adjudicative proceedings (architects), 308-12-350 Records required for the brief adjudicative proceeding (architects), 308-13-250 Brief adjudicative proceedings (landscape architects), 308-13-260 Records required for the brief adjudicative proceeding (landscape architects), 308-15-105 Brief adjudicative proceedings (geologist), 308-15-107 Records required for the brief adjudicative proceeding (geologist), 308-17-180 Application of brief adjudicative proceedings (private investigative agencies/private investigator), 308-17-185 Preliminary record in brief adjudicative proceedings (private investigative agencies/private investigator), 308-18-180 Application of brief adjudicative proceedings (private security guards/guard companies), 308-18-185 Preliminary record in brief adjudicative proceedings (private security guards/guard companies), 308-19-400 Brief adjudicative proceeding (bail bond agencies/agents), 308-19-410 Records used in a brief adjudicative proceeding (bail bond agencies/agents), 308-29-090 Brief adjudicative proceedingsWhen they can be used (collection agencies), 308-48-810 Brief adjudicative proceedingsWhen they can be used (funeral directors and embalmers), and 308-124-310 Preliminary record in brief adjudicative proceedings (real estate brokers).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule repeals the department's ability to suspend a professional license due to student loan default.
Reasons Supporting Proposal: This rule making is a result of the passage of 3SHB 1169 (2018), enacting the Student Opportunity, Assistance, and Relief Act, which repealed the department's authority to suspend professional licenses due to student loan default. This rule making cleans up the administrative law to match the authorizing statutes.
Statutory Authority for Adoption: RCW 46.01.110.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOL, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Stephanie Sams, Highways-Licenses Building, Olympia, 360-902-0131.
This notice meets the following criteria to use the expedited adoption process for these rules:
Content is explicitly and specifically dictated by statute.
This notice meets the following criteria to use the expedited repeal process for these rules:
The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The expedited rule-making process is appropriate for these rule amendments because they do not make substantive changes and are a direct result of legislation. The legislation struck the department's authority to suspend a professional license due to student loan default so the corresponding administrative laws need to be updated to remove the erroneous information.
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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Stephanie Sams, DOL, P.O. Box 9020, Olympia, WA 98507-9020, phone 360-902-0131, email ssams@dol.wa.gov, AND RECEIVED BY October 1, 2018.
July 30, 2018
Damon Monroe
Rules Coordinator
AMENDATORY SECTION(Amending WSR 05-23-149, filed 11/22/05, effective 12/23/05)
WAC 98-08-005Brief adjudicative proceedings—When they can be used.
(1) The board adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the board. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;
(c) Whether a sanction proposed by the department is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant or licensee failed to cooperate in an investigation by the department;
(f) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;
(g) ((Whether an applicant or licensee has defaulted on educational loans;
(h))) Whether an applicant or licensee has violated the terms of a final order issued by the director or director's designee;
(((i))) (h) Whether a licensee has committed recordkeeping violations;
(((j))) (i) Whether a licensee has committed trust account violations;
(((k))) (j) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising; or
(((l))) (k) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 06-11-121, filed 5/19/06, effective 6/19/06)
WAC 196-09-050Brief adjudicative proceedings.
(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapter 18.43 RCW, chapter 18.210 RCW, chapter 18.235 RCW, administrative rules in Title 196 WAC or any statutes or rules that specifically govern the defined practices of engineering, land surveying and on-site wastewater treatment system designs. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.
(([(2)])) (2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant has failed the professional licensing examination;
(f) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;
(g) Whether an applicant or licensee failed to cooperate in an investigation by the board
(h) Whether an application or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;
(i) ((Whether an applicant or licensee has defaulted on educational loans;
(j))) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;
(((k))) (j) Whether a person has engaged in false, deceptive or misleading advertising; or
(((l))) (k) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 06-11-121, filed 5/19/06, effective 6/19/06)
WAC 196-09-055Records required for brief adjudicative proceeding.
The records for the brief adjudicative proceeding shall include:
(1) Renewal or reinstatement of license:
(([•])) All correspondence between the applicant and the board about the renewal or reinstatement;
(([•])) Copies of renewal notice(s) sent by the department of licensing to the licensee;
(([•])) All documents received by the board from or on behalf of the licensee relating to information, payments, or explanations that have been provided to the board.
(2) Applicants for certification/licensing:
(([•])) Original complete application with all attachments as submitted by the applicant;
(([•])) Copies of all supplementary information related to application review by staff or board member;
(([•])) All documents relied upon in reaching the determination of ineligibility;
(([•])) All correspondence between the applicant and the board about the application or appeal.
(3) ((Default of student loan payments:
[•] Copies of notices to the board showing the name and other identification information of the individual claimed to be in default on student loan payments;
[•] Copies of identification information corresponding to the person who is certified/licensed by the board that relate to the identity of the individual in default;
[•] All documents received by the board from or on behalf of the licensee relating to rebutting such indentification [identification];
[•] Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
[•] A written release, if any issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
(4))) Determination of compliance with previously issued board order:
(([•])) The previously issued final order or agreement;
(([•])) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;
(([•])) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(([•])) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
AMENDATORY SECTION(Amending WSR 05-02-006, filed 12/22/04, effective 1/22/05)
WAC 308-08-525Brief adjudicative proceedings—When they can be used.
(1) The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the director. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the department issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;
(d) Whether a sanction proposed by the department is appropriate based on the stipulated facts;
(e) Whether an applicant meets minimum requirements for an initial or renewal application;
(f) Whether an applicant has failed the professional licensing examination;
(g) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;
(h) Whether an applicant or licensee failed to cooperate in an investigation by the department;
(i) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;
(j) ((Whether an applicant or licensee has defaulted on educational loans;
(k))) Whether an applicant or licensee has violated the terms of a final order issued by the director or director's designee;
(((l))) (k) Whether a licensee has committed recordkeeping violations;
(((m))) (l) Whether a licensee has committed trust account violations;
(((n))) (m) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising; or
(((o))) (n) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (2) of this section, the department may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)
WAC 308-12-345Brief adjudicative proceedings.
(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapters 18.08 and 18.235 RCW, administrative rules in Title 308 WAC or any statutes or rules that specifically govern the defined practices of architects. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant has failed the professional licensing examination;
(f) Whether an applicant or licensee failed to cooperate in an investigation by the department;
(g) Whether an applicant or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;
(h) ((Whether an applicant or licensee has defaulted on educational loans;
(i))) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;
(((j))) (i) Whether a person has engaged in false, deceptive, or misleading advertising; or
(((k))) (j) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)
WAC 308-12-350Records required for the brief adjudicative proceeding.
The records for the brief adjudicative proceeding shall include:
(1) Renewal or reinstatement of a license:
(a) All correspondence between the applicant and the board about the renewal or reinstatement;
(b) Copies of renewal notice(s) sent by the department of licensing to the licensee;
(c) All documents received by the board from or on behalf of the licensee relating to information, payments or explanations that have been provided to the board.
(2) Applicants for certification/licensing:
(a) Original complete application with all attachments as submitted by applicant;
(b) Copies of all supplementary information related to application review by staff or board member;
(c) All documents relied upon in reaching the determination of ineligibility;
(d) All correspondence between the applicant and the board about the application or the appeal.
(3) ((Default of student loan payments:
(a) Copies of notices to the board showing the name and other identification information of the individual claimed to be in default on student loan payments;
(b) Copies of identification information corresponding to the person who is certified/licensed by the board that relate to the identity of the individual in default;
(c) All documents received by the board from or on behalf of the licensee relating to rebutting such identification;
(d) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
(e) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
(4))) Determination of compliance with previously issued board order:
(a) The previously issued final order or agreement;
(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
AMENDATORY SECTION(Amending WSR 07-05-039, filed 2/15/07, effective 3/18/07)
WAC 308-13-250Brief adjudicative proceedings.
(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapters 18.96 and 18.235 RCW, administrative rules in Title 308 WAC or any statutes or rules that specifically govern the defined practices of landscape architects. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant has failed the professional licensing examination;
(f) Whether an applicant or licensee failed to cooperate in an investigation by the board;
(g) Whether an applicant or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;
(h) ((Whether an applicant or licensee has defaulted on educational loans;
(i))) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;
(((j))) (i) Whether a person has engaged in false, deceptive, or misleading advertising; or
(((k))) (j) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 07-05-039, filed 2/15/07, effective 3/18/07)
WAC 308-13-260Records required for the brief adjudicative proceeding.
The records for the brief adjudicative proceeding shall include:
(1) Renewal or reinstatement of a license:
(a) All correspondence between the applicant and the board about the renewal or reinstatement;
(b) Copies of renewal notice(s) sent by the department of licensing to the licensee;
(c) All documents received by the board from or on behalf of the licensee relating to information, payments or explanations that have been provided to the board.
(2) Applicants for certification/licensing:
(a) Original complete application with all attachments as submitted by applicant;
(b) Copies of all supplementary information related to application review by staff or board member;
(c) All documents relied upon in reaching the determination of ineligibility;
(d) All correspondence between the applicant and the board about the application or the appeal.
(3) ((Default of student loan payments:
(a) Copies of notices to the board showing the name and other identification information of the individual claimed to be in default on student loan payments;
(b) Copies of identification information corresponding to the person who is certified/licensed by the board that relate to the identity of the individual in default;
(c) All documents received by the board from or on behalf of the licensee relating to rebutting such identification;
(d) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
(e) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
(4))) Determination of compliance with previously issued board order:
(a) The previously issued final order or agreement;
(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
AMENDATORY SECTION(Amending WSR 07-13-038, filed 6/13/07, effective 7/14/07)
WAC 308-15-105Brief adjudicative proceedings.
(1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapters 18.220 and 18.235 RCW, administrative rules in Title 308 WAC or any statutes or rules that specifically govern the defined practices of geologists. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.
(2) Brief adjudicative proceedings may be used to determine the following issues((,)) including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant has failed the professional licensing examination;
(f) Whether an applicant or licensee failed to cooperate in an investigation by the board;
(g) Whether an applicant or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;
(h) ((Whether an applicant or licensee has defaulted on educational loans;
(i))) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;
(((j))) (i) Whether a person has engaged in false, deceptive, or misleading advertising; or
(((k))) (j) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 07-13-038, filed 6/13/07, effective 7/14/07)
WAC 308-15-107Records required for the brief adjudicative proceeding.
The records for the brief adjudicative proceeding shall include:
(1) Renewal or reinstatement of a license:
(a) All correspondence between the applicant and the board about the renewal or reinstatement;
(b) Copies of renewal notice(s) sent by the department of licensing to the licensee;
(c) All documents received by the board from or on behalf of the licensee relating to information, payments or explanations that have been provided to the board.
(2) Applicants for certification/licensing:
(a) Original complete application with all attachments as submitted by applicant;
(b) Copies of all supplementary information related to application review by staff or board member;
(c) All documents relied upon in reaching the determination of ineligibility;
(d) All correspondence between the applicant and the board about the application or the appeal.
(3) ((Default of student loan payments:
(a) Copies of notices to the board showing the name and other identification information of the individual claimed to be in default on student loan payments;
(b) Copies of identification information corresponding to the person who is certified/licensed by the board that relate to the identity of the individual in default;
(c) All documents received by the board from or on behalf of the licensee relating to rebutting such identification;
(d) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
(e) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
(4))) Determination of compliance with previously issued board order:
(a) The previously issued final order or agreement;
(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
AMENDATORY SECTION(Amending WSR 97-17-051, filed 8/15/97, effective 9/15/97)
WAC 308-17-180Application 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) A determination whether an applicant for a license meets the minimum criteria for a license to practice as a private investigator in this state and the department proposes to deny the application;
(2) A determination whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;
(3) A determination whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule; and
(4) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal((; and
(5) A determination whether a license holder 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)).
AMENDATORY SECTION(Amending WSR 97-17-051, filed 8/15/97, effective 9/15/97)
WAC 308-17-185Preliminary record in brief adjudicative proceedings.
(1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:
(a) The application for the license, renewal, or approval and all associated documents;
(b) All documents relied upon by the program in proposing to deny the application, renewal, or approval; and
(c) All correspondence between the applicant for license, renewal, or approval and the program 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 license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
(((3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed student loan or service-conditional scholarship shall consist of:
(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
(b) A written release, if any issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.))
AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97, effective 9/15/97)
WAC 308-18-180Application 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 for the categories of matters set forth below or at the discretion of the director pursuant to RCW 34.05.482. If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter is limited solely to one or more of the following issues:
(1) A determination whether an applicant for a license meets the minimum criteria for a license to practice as a security guard in this state and the department proposes to deny the application;
(2) A determination whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;
(3) A determination whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule; and
(4) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal((; and
(5) A determination whether a license holder 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)).
AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97, effective 9/15/97)
WAC 308-18-185Preliminary record in brief adjudicative proceedings.
(1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:
(a) The application for the license, renewal, or approval and all associated documents;
(b) All documents relied upon by the program in proposing to deny the application, renewal, or approval; and
(c) All correspondence between the applicant for license, renewal, or approval and the program 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 license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
(((3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed student loan or service-conditional scholarship shall consist of:
(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
(b) A written release, if any issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.))
AMENDATORY SECTION(Amending WSR 05-08-027, filed 3/30/05, effective 4/30/05)
WAC 308-19-400Brief adjudicative proceeding.
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 license meets the minimum criteria for a license to practice as a bail bond recovery agent, bail bond agency, qualified agent, branch office or bail bond agent 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;
(3) Whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule; and
(4) Whether a license holder requesting renewal has submitted all required information and whether a license holder meets minimum criteria for renewal((; and
(5) Whether a license holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship)).
AMENDATORY SECTION(Amending WSR 05-08-027, filed 3/30/05, effective 4/30/05)
WAC 308-19-410Records used in a brief adjudicative proceeding.
(1) The preliminary record with respect to an application for an original or renewal license or for approval of an education course or curriculum shall consist of:
(a) The application for the license, renewal, or approval and all associated documents;
(b) All documents relied upon by the department in proposing to deny the license, renewal, or approval; and
(c) All correspondence between the applicant for license, renewal, or approval and the department 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 license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the department regarding compliance with the final order or agreement; and
(d) All documents relied upon by the department showing that the license holder has failed to comply with the previously issued final order or agreement.
(((3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed educational loan or service-conditional scholarship shall consist of:
(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed educational loan or service-conditional scholarship; or
(b) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.))
AMENDATORY SECTION(Amending WSR 07-17-145, filed 8/21/07, effective 9/21/07)
WAC 308-29-090Brief adjudicative proceedingsWhen they can be used.
(1) The board adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the board. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant or licensee failed to cooperate in an investigation by the board;
(f) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;
(g) ((Whether an applicant or licensee has defaulted on education loans;
(h))) Whether an applicant or licensee has violated the terms of a final order issued by the board;
(((i))) (h) Whether a licensee has committed recordkeeping violations;
(((j))) (i) Whether a licensee has committed trust account violations;
(((k))) (j) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising; or
(((l))) (k) Whether a person has engaged in unlicensed practice.
(3) In addition to the situations enumerated in subsection (1) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 05-23-150, filed 11/22/05, effective 12/23/05)
WAC 308-48-810Brief adjudicative proceedingsWhen they can be used.
(1) The board adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the board. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act. Brief adjudicative proceedings can also be used whenever the statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of any statute or rule that specifically governs disciplinary actions within a profession for which the applicant seeks a license or from which the licensee holds a license.
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether an applicant or licensee has satisfied financial security requirements by providing adequate proof of surety bonds or other proof of financial security, as required by law;
(d) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(e) Whether an applicant meets minimum requirements for an initial or renewal application;
(f) Whether an applicant has failed the professional licensing examination;
(g) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;
(h) Whether an applicant or licensee failed to cooperate in an investigation by the department;
(i) Whether an applicant or licensee was convicted of a crime that should disqualify the applicant or licensee from holding the specific license sought or held;
(j) ((Whether an applicant or licensee has defaulted on educational loans;
(k))) Whether an applicant or licensee has violated the terms of a final order issued by the director or director's designee;
(((l))) (k) Whether a licensee has committed recordkeeping violations;
(((m))) (l) Whether a licensee has committed trust account violations;
(((n))) (m) Whether an applicant or licensee has engaged in false, deceptive, or misleading advertising;
(((o))) (n) Whether a person has engaged in unlicensed practice; or
(((p))) (o) Whether an education course or curriculum meets the criteria for approval when approval by the board is required or authorized by statute or rule.
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124-310Preliminary record in brief adjudicative proceedings.
(1) The preliminary record with respect to an application for an original or renewal license, for approval of an education course or curriculum, or for the proper issuance of a cease and desist order shall consist of:
(a) The application for the license, renewal, or approval and all associated documents; or the cease and desist order and all associated documents;
(b) All documents relied upon by the program in proposing to deny the license, renewal, or approval; or all documents relied upon by the program in issuing a cease and desist order; and
(c) All correspondence between the applicant for license, renewal, or approval and the program regarding the application; or all correspondence between the respondent and the program regarding the issuance of the cease and desist order.
(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 license holder, in full or partial fulfillment of the terms of the final order or agreement;
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
(d) All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
(3) ((The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed education loan or service-conditional scholarship shall consist of:
(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed education loan or service-conditional scholarship; or
(b) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
(4))) The preliminary record with respect to all other issues subject to a brief adjudicative hearing shall consist of:
(a) All documents relied upon by the program in proposing disciplinary action as provided under RCW 18.235.110; and
(b) All correspondence between the license holder and the program regarding alleged violations.