DEPARTMENT OF LICENSING

[Filed September 17, 2025, 10:06 a.m., effective October 18, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Rules Affected by this Order: New WAC 308-08-405 Adjudicative proceedings—Initial orders—Petition for review—Finality.

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

Adopted under notice filed as WSR 25-16-107 on August 6, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 17, 2025.

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.