DEPARTMENT OF LICENSING

[Filed August 6, 2025, 9:35 a.m.]

Supplemental Notice to WSR 25-11-085.

Preproposal statement of inquiry was filed as WSR 25-08-090.

Title of Rule and Other Identifying Information: Chapter 308-08 WAC, Practice and procedure.

Hearing Location(s): On September 16, 2025, at 10:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/85655082365?pwd=hr4OXkVRr0AHTexbyjcb5TAERzmtiO.1, Meeting ID 856 5508 2365, Passcode 777533; or One-tap mobile +12532158782,,85655082365#,,,,*777533# U.S. (Tacoma), +12532050468,,85655082365#,,,,*777533# U.S., Meeting ID 856 5508 2365, Passcode 777533. Find your local number at https://us06web.zoom.us/u/ktob0l8NY. If you are having trouble accessing the virtual meeting, please call 360-902-0131 at the time of the hearing to request assistance. Please email rulescoordinator@dol.wa.gov if you would like to request an interpreter, or other accommodations, at least one week prior to the public hearing.

PLEASE NOTE: Hearing participants are encouraged to attend in person or be prepared to use the call-in option if they experience technical difficulties.

Date of Intended Adoption: September 17, 2025.

Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, email rulescoordinator@dol.wa.gov, by September 16, 2025.

Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email rulescoordinator@dol.wa.gov, by September 5, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Creating a new section in chapter 308-08 WAC to clarify current agency procedures regarding the process for filing a petition for review of an initial order, and clarifying that initial orders become final if there is no petition for review by the deadline.

Reasons Supporting Proposal: This proposal will clarify and formalize current agency practices.

Statutory Authority for Adoption: RCW 18.235.030 Disciplinary authority—Powers, and 34.05.464 Review of initial orders.

Statute Being Implemented: RCW 34.05.464 Review of initial orders.

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

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Kelsey Stone, 1125 Washington Street S.E., Olympia, WA 98501, 360-902-0131; Implementation and Enforcement: Marguerite Friedlander, 1125 Washington Street S.E., Olympia, WA 98501, 360-664-1523.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis isn't required because the proposed rule change is a procedural rule under RCW 34.05.328 and adopts a procedure for requesting administrative review.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

Scope of exemption for rule proposal:

Rules and Policy Manager

WAC 308-08-405Adjudicative proceedings—Initial orders—Petition for review—Finality.

(1) Any party to an adjudicative proceeding may file a petition for review of an initial order.

(2) The petition for review shall be filed with the director within 20 days of the date of service of the initial order as specified in the initial order in the statement describing available procedures for administrative relief. Copies of the petition shall be served upon all other parties or their representatives at the time the petition is filed.

(3) The petition for review shall specify the portions of the initial order to which exception is taken and shall refer to the evidence of record which is relied upon to support the petition.

(4) Any party may file a reply to a petition for review. The reply shall be filed with the director within 10 days of the date of service of the petition and copies of the reply shall be served upon all other parties or their representatives at the time the reply is filed.

(5) An initial order resulting from an adjudicative proceeding becomes final without further agency action unless, within 20 days of service of the initial order, either party files and serves a petition for review of the initial order as required in subsection (2) of this section.