DEPARTMENT OF LICENSING

[Filed November 21, 2025, 3:02 p.m.]

Preproposal statement of inquiry was filed as WSR 25-15-155.

Title of Rule and Other Identifying Information: Two new sections of WAC in chapters 308-101 and 308-111 WAC: WAC 308-101-215 Sanctions—Attorney misconduct, and 308-111-240 Sanctions—Attorney misconduct.

Hearing Location(s): On January 7, 2026, at 11:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/83028863975?pwd=ao723ss9Iv1GwKB5O3r12UtlqwKWtE.1, Meeting ID 830 2886 3975, Passcode 663570; or one-tap mobile +12532158782,,83028863975#,,,,*663570# US (Tacoma), +12532050468,,83028863975#,,,,*663570# US. Join instructions at https://us06web.zoom.us/meetings/83028863975/invitations?signature=9vrIkwzbb3a2X9TjUxLJAhvZOUvl4taxRhee7P8pgsM. If you are having trouble accessing the virtual meeting, please call 360-902-3486 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 in advance of the public hearing.

PLEASE NOTE: Hearing participants are encouraged to attend in person or be prepared to use the telephonic option (call in) if they experience technical difficulties. In-person attendance will take place at Highways and Licensing Building, 1125 Washington Street S.E., Olympia, WA 98504.

Date of Intended Adoption: January 8, 2026.

Submit Written Comments to: Ellis Starrett, 1125 Washington Street S.E., Olympia, WA 98501, email rulescoordinator@dol.wa.gov, beginning November 21, 2025, by January 7, 2026.

Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3846, email rulescoordinator@dol.wa.gov, by December 31, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New sections within chapters 308-101 and 308-111 WAC to create new rules which define expectations for attorneys appearing in administrative hearings before the department of licensing (DOL).

Reasons Supporting Proposal: DOL does not currently have any rules that govern the professional conduct of attorneys appearing before the agency. These rules would provide clarity on what DOL considers prohibited attorney conduct during administrative proceedings.

Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority, 46.20.245 Mandatory revocation—Persons subject to suspension, revocation, or denial who are eligible for certain full credit—Notice—Administrative, judicial review—Rules—Application, 46.25.140 Rules, 46.61.5056 Alcohol and drug violators—Information school—Evaluation and treatment, and 46.20.331 Hearing and decision by director's designee.

Statute Being Implemented: RCW 46.20.308(8) Implied consent—Test refusal—Procedures, 46.20.329 Formal hearing—Procedures, notice, stay; chapter 46.20 RCW, Drivers' licenses—Identicards; chapter 46.65 RCW, Washington Habitual Traffic Offenders Act; chapter 46.25 RCW, Uniform Commercial Driver's License Act; RCW 46.61.5056 Alcohol and drug violators—Information school—Evaluation and treatment, 46.61.5056 Alcohol and drug violators—Information school—Evaluation and treatment, and 46.20.331 Hearing and decision by director's designee.

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: Marguerite Friedlander, 1125 Washington Street S.E., Olympia, WA 98504, 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. RCW 34.05.328 (5)(a)(i) does not apply to this rule and DOL is not voluntarily making it applicable.

Scope of exemption for rule proposal from Regulatory Fairness Act requirements:

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. There is no cost to attorneys to not engage in misconduct that abuses the legal processes when practicing before DOL.

Rules and Policy Manager

WAC 308-101-215Sanctions—Attorney misconduct.

(1) Authority. All attorneys appearing before the law judges within the department of licensing are prohibited from engaging in misconduct that abuses the legal process when practicing before the tribunal. Attorneys who, in the opinion of the presiding or reviewing judge, engage in misconduct during any stage of a department proceeding may be reprimanded or sanctioned.

(2) Grounds for sanctions. Misconduct includes, but is not limited to:

(a) Filing documents or media, or raising arguments for an improper purpose, including harassment or delay;

(b) Disruptive, disrespectful, or contemptuous behavior during any proceeding;

(d) Engaging in conduct intended to disrupt the tribunal.

(3) Possible sanctions.

(a) The presiding judge may report violations to the appropriate licensing authority and/or impose one or more of the following sanctions:

(i) Verbal or written reprimand;

(ii) Excluding the attorney from further participation in the pending proceeding; or

(b) Upon referral from the presiding law judge, a reviewing law judge may temporarily or permanently exclude the attorney from future departmental proceedings if the conduct is egregious or reflects a pattern of unprofessional behavior.

(4) Procedure.

(a) The presiding judge must give the attorney notice of the alleged misconduct, the proposed sanction, and a reasonable opportunity to respond, either in writing or orally at hearing.

(b) Sanctions may be initiated by the presiding or reviewing judge.

(c) Any proposed sanction imposed must be stated on the record or in a written order, with the specific reasons and authority identified.

(d) The presiding or reviewing judge, after considering the full record, including any remarks and arguments made by the attorney at issue in their defense, shall render a written decision on the proposed sanction.

(5) Review.

(a) An attorney sanctioned under this section may request reconsideration of the final order. Such reconsideration request must be made within 10 days of the final order imposing the sanctions.

(b) If reconsideration is granted, the department's chief law judge, deputy director, or director may review the proposed sanction and take action that includes sustaining, dismissing, staying, or modifying the sanction. This action may also occur on the department's own motion.

WAC 308-111-240Sanctions—Attorney misconduct.

(1) Authority. All attorneys appearing before the referees within the department of licensing are prohibited from engaging in misconduct before the tribunal that abuses the legal process. Attorneys who, in the opinion of the referee, engage in misconduct during any stage of a department proceeding may be reprimanded or sanctioned.

(2) Grounds for sanctions. Misconduct includes, but is not limited to:

(a) Filing documents or media, or raising arguments for an improper purpose, including harassment or delay;

(b) Disruptive, disrespectful, or contemptuous behavior during any proceeding;

(d) Engaging in conduct intended to disrupt the tribunal.

(3) Possible sanctions.

(a) The referee may report violations to the appropriate licensing authority and/or impose one or more of the following sanctions:

(i) Verbal or written reprimand;

(ii) Excluding the attorney from further participation in the pending proceeding; or

(b) Upon referral from the presiding referee, the reviewer may temporarily or permanently exclude the attorney from future departmental proceedings if the conduct is egregious or reflects a pattern of unprofessional behavior.

(4) Procedure.

(a) The referee must give the attorney notice of the alleged misconduct, the proposed sanction, and a reasonable opportunity to respond, either in writing or orally at hearing.

(b) Sanctions may be initiated by the referee.

(c) Any proposed sanction imposed must be stated on the record or in a written order, with the specific reasons and authority identified.

(5) Review.

(a) An attorney sanctioned under this section may request reconsideration of the final order. Such reconsideration request must be made within 10 days of the date the final order imposing the sanctions is signed.