Revised Code of Washington - RCW Title 34 Administrative Law - Chapter 34.05 Administrative Procedure Act

34.05.001 Legislative intent
The legislature intends, by enacting this 1988 Administrative Procedure Act, to clarify the existing law of administrative procedure, to achieve greater consistency with other states ...

34.05.010 Definitions
The definitions set forth in this section shall apply throughout this chapter, unless the context clearly requires otherwise. (1) "Adjudicative proceeding" means a proceeding before ...

34.05.020 Savings -- Authority of agencies to comply with chapter -- Effect of subsequent legislation
Nothing in this chapter may be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute ...

34.05.030 Exclusions from chapter or parts of chapter
(1) This chapter shall not apply to: (a) The state militia, or (b) The board of clemency and pardons, or (c) The department of corrections ...

34.05.040 Operation of chapter if in conflict with federal law
If any part of this chapter is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal ...

34.05.050 Waiver
Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter.[1988 c 288 ...

34.05.060 Informal settlements
Except to the extent precluded by another provision of law and subject to approval by agency order, informal settlement of matters that may make unnecessary ...

34.05.070 Conversion of proceedings
(1) If it becomes apparent during the course of an adjudicative or rule-making proceeding undertaken pursuant to this chapter that another form of proceeding under ...

34.05.080 Variation from time limits
(1) An agency may modify time limits established in this chapter only as set forth in this section. An agency may not modify time limits ...

34.05.090 Forest practices board -- Emergency rules
Emergency rules adopted by the forest practices board pertaining to forest practices and the protection of aquatic resources are subject to this chapter to the ...

34.05.100 Respectful language
(1) All agency orders creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of RCW 44.04.280 regarding the use ...

34.05.210 Code and register -- Publication and distribution -- Omissions, removals, revisions -- Judicial notice
(1) The code reviser shall cause the Washington Administrative Code to be compiled, indexed by subject, and published. All current, permanently effective rules of each ...

34.05.220 Rules for agency procedure -- Indexes of opinions and statements
(1) In addition to other rule-making requirements imposed by law: (a) Each agency may adopt rules governing the formal and informal procedures prescribed or authorized ...

34.05.230 Interpretive and policy statements
(1) An agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy ...

34.05.240 Declaratory order by agency -- Petition
(1) Any person may petition an agency for a declaratory order with respect to the applicability to specified circumstances of a rule, order, or statute ...

34.05.250 Model rules of procedure
The chief administrative law judge shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules shall deal ...

34.05.260 Electronic distribution
(1) In order to provide the greatest possible access to agency documents to the most people, agencies are encouraged to make their rule, interpretive, and ...

34.05.310 Prenotice inquiry -- Negotiated and pilot rules
(1) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments ...

34.05.312 Rules coordinator
Each agency shall designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed or prepared within the agency for proposal, ...

34.05.313 Feasibility studies -- Pilot projects
(1) During the development of a rule or after its adoption, an agency may develop methods for measuring or testing the feasibility of complying with ...

34.05.314 Rules development agenda
Each state agency shall prepare a semiannual agenda for rules under development. The agency shall file the agenda with the code reviser for publication in ...

34.05.315 Rule-making docket
(1) Each agency shall maintain a current public rule-making docket. The rule-making docket shall contain the information specified in subsection (3) of this section. (2) ...

34.05.320 Notice of proposed rule -- Contents -- Distribution by agency -- Institutions of higher education
(1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause ...

34.05.322 Scope of rule-making authority
For rules implementing statutes enacted after July 23, 1995, an agency may not rely solely on the section of law stating a statute's intent or ...

34.05.325 Public participation -- Concise explanatory statement
(1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects ...

34.05.328 Significant legislative rules, other selected rules
(1) Before adopting a rule described in subsection (5) of this section, an agency shall: (a) Clearly state in detail the general goals and specific ...

34.05.330 Petition for adoption, amendment, repeal -- Agency action -- Appeal
(1) Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The office of financial management shall prescribe by rule ...

34.05.335 Withdrawal of proposal -- Time and manner of adoption
(1) A proposed rule may be withdrawn by the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it ...

34.05.340 Variance between proposed and final rule
(1) Unless it complies with subsection (3) of this section, an agency may not adopt a rule that is substantially different from the rule proposed ...

34.05.345 Failure to give twenty days notice of intended action -- Effect
Except for emergency rules adopted under RCW 34.05.350, when twenty days notice of intended action to adopt, amend, or repeal a rule has not been ...

34.05.350 Emergency rules and amendments
(1) If an agency for good cause finds: (a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the ...

34.05.353 Expedited rule making
(1) An agency may file notice for the expedited adoption of rules in accordance with the procedures set forth in this section for rules meeting ...

34.05.360 Order adopting rule, contents
The order of adoption by which each rule is adopted by an agency shall contain all of the following: (1) The date the agency adopted ...

34.05.362 Postadoption notice
Either before or within two hundred days after the effective date of an adopted rule that imposes additional requirements on businesses the violation of which ...

34.05.365 Incorporation by reference
An agency may incorporate by reference and without publishing the incorporated matter in full, all or any part of a code, standard, rule, or regulation ...

34.05.370 Rule-making file
(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. ...

34.05.375 Substantial compliance with procedures
No rule proposed after July 1, 1989, is valid unless it is adopted in substantial compliance with RCW 34.05.310 through 34.05.395. Inadvertent failure to mail ...

34.05.380 Filing with code reviser -- Written record -- Effective dates
(1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in ...

34.05.385 Rules for rule making
The code reviser may adopt rules for carrying out the provisions of this chapter relating to the filing and publication of rules and notices of ...

34.05.390 Style, format, and numbering -- Agency compliance
After the rules of an agency have been published by the code reviser: (1) All agency orders amending or rescinding such rules, or creating new ...

34.05.395 Format and style of amendatory and new sections -- Failure to comply
(1) Rules proposed or adopted by an agency pursuant to this chapter that amend existing sections of the administrative code shall have the words which ...

34.05.410 Application of Part IV
(1) Adjudicative proceedings are governed by RCW 34.05.413 through 34.05.476, except as otherwise provided: (a) By a rule that adopts the procedures for brief adjudicative ...

34.05.413 Commencement -- When required
(1) Within the scope of its authority, an agency may commence an adjudicative proceeding at any time with respect to a matter within the agency's ...

34.05.416 Decision not to conduct an adjudication
If an agency decides not to conduct an adjudicative proceeding in response to an application, the agency shall furnish the applicant a copy of its ...

34.05.419 Agency action on applications for adjudication
After receipt of an application for an adjudicative proceeding, other than a declaratory order, an agency shall proceed as follows: (1) Except in situations governed ...

34.05.422 Rate changes, licenses
(1) Unless otherwise provided by law: (a) Applications for rate changes and uncontested applications for licenses may, in the agency's discretion, be conducted as adjudicative ...

34.05.425 Presiding officers -- Disqualification, substitution
(1) Except as provided in subsection (2) of this section, in the discretion of the agency head, the presiding officer in an administrative hearing shall ...

34.05.428 Representation
(1) A party to an adjudicative proceeding may participate personally or, if the party is a corporation or other artificial person, by a duly authorized ...

34.05.431 Conference -- Procedure and participation
(1) Agencies may hold prehearing or other conferences for the settlement or simplification of issues. Every agency shall by rule describe the conditions under which ...

34.05.434 Notice of hearing
(1) The agency or the office of administrative hearings shall set the time and place of the hearing and give not less than seven days ...

34.05.437 Pleadings, briefs, motions, service
(1) The presiding officer, at appropriate stages of the proceedings, shall give all parties full opportunity to submit and respond to pleadings, motions, objections, and ...

34.05.440 Default
(1) Failure of a party to file an application for an adjudicative proceeding within the time limit or limits established by statute or agency rule ...

34.05.443 Intervention
(1) The presiding officer may grant a petition for intervention at any time, upon determining that the petitioner qualifies as an intervenor under any provision ...

34.05.446 Subpoenas, discovery, and protective orders
(1) The presiding officer may issue subpoenas and may enter protective orders. A subpoena may be issued with like effect by the agency or the ...

34.05.449 Procedure at hearing
(1) The presiding officer shall regulate the course of the proceedings, in conformity with applicable rules and the prehearing order, if any. (2) To the ...

34.05.452 Rules of evidence -- Cross-examination
(1) Evidence, including hearsay evidence, is admissible if in the judgment of the presiding officer it is the kind of evidence on which reasonably prudent ...

34.05.455 Ex parte communications
(1) A presiding officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining ...

34.05.458 Separation of functions
(1) A person who has served as investigator, prosecutor, or advocate in an adjudicative proceeding or in its preadjudicative stage, or one who is subject ...

34.05.461 Entry of orders
(1) Except as provided in subsection (2) of this section: (a) If the presiding officer is the agency head or one or more members of ...

34.05.464 Review of initial orders
(1) As authorized by law, an agency may by rule provide that initial orders in specified classes of cases may become final without further agency ...

34.05.467 Stay
A party may submit to the presiding or reviewing officer, as is appropriate to the stage of the proceeding, a petition for stay of effectiveness ...

34.05.470 Reconsideration
(1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which ...

34.05.473 Effectiveness of orders
(1) Unless a later date is stated in an order or a stay is granted, an order is effective when entered, but: (a) A party ...

34.05.476 Agency record
(1) An agency shall maintain an official record of each adjudicative proceeding under this chapter. (2) The agency record shall include: (a) Notices of all ...

34.05.479 Emergency adjudicative proceedings
(1) Unless otherwise provided by law, an agency may use emergency adjudicative proceedings in a situation involving an immediate danger to the public health, safety, ...

34.05.4791 Secure community transition facility -- Proceeding concerning public safety measures
A petition brought pursuant to RCW 71.09.342(5) shall be heard under the provisions of RCW 34.05.479 except that the decision of the governor's designee shall ...

34.05.482 Brief adjudicative proceedings -- Applicability
(1) An agency may use brief adjudicative proceedings if: (a) The use of those proceedings in the circumstances does not violate any provision of law; ...

34.05.485 Brief adjudicative proceedings -- Procedure
(1) If not specifically prohibited by law, the following persons may be designated as the presiding officer of a brief adjudicative proceeding: (a) The agency ...

34.05.488 Brief proceedings -- Administrative review -- Applicability
Unless prohibited by any provision of law, an agency, on its own motion, may conduct administrative review of an order resulting from brief adjudicative proceedings. ...

34.05.491 Brief proceedings -- Administrative review -- Procedures
Unless otherwise provided by statute: (1) If the parties have not requested review, the agency may review an order resulting from a brief adjudicative proceeding ...

34.05.494 Agency record in brief proceedings
(1) The agency record consists of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding ...

34.05.510 Relationship between this chapter and other judicial review authority
This chapter establishes the exclusive means of judicial review of agency action, except: (1) The provisions of this chapter for judicial review do not apply ...

34.05.514 Petition for review -- Where filed
(1) Except as provided in subsections (2) through (4) of this section, proceedings for review under this chapter shall be instituted by paying the fee ...

34.05.518 Direct review by court of appeals
(1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may, except as otherwise provided in chapter 43.21L RCW, be ...

34.05.522 Refusal of review by court of appeals
The court of appeals may refuse to accept direct review of a case pursuant to RCW 34.05.518 if it finds that the case does not ...

34.05.526 Appellate review by supreme court or court of appeals
An aggrieved party may secure appellate review of any final judgment of the superior court under this chapter by the supreme court or the court ...

34.05.530 Standing
A person has standing to obtain judicial review of agency action if that person is aggrieved or adversely affected by the agency action. A person ...

34.05.534 Exhaustion of administrative remedies
A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the agency whose action is ...

34.05.542 Time for filing petition for review
Subject to other requirements of this chapter or of another statute: (1) A petition for judicial review of a rule may be filed at any ...

34.05.546 Petition for review -- Contents
A petition for review must set forth: (1) The name and mailing address of the petitioner; (2) The name and mailing address of the petitioner's ...

34.05.550 Stay and other temporary remedies
(1) Unless precluded by law, the agency may grant a stay, in whole or in part, or other temporary remedy. (2) After a petition for ...

34.05.554 Limitation on new issues
(1) Issues not raised before the agency may not be raised on appeal, except to the extent that: (a) The person did not know and ...

34.05.558 Judicial review of facts confined to record
Judicial review of disputed issues of fact shall be conducted by the court without a jury and must be confined to the agency record for ...

34.05.562 New evidence taken by court or agency
(1) The court may receive evidence in addition to that contained in the agency record for judicial review, only if it relates to the validity ...

34.05.566 Agency record for review -- Costs
(1) Within thirty days after service of the petition for judicial review, or within further time allowed by the court or by other provision of ...

34.05.570 Judicial review
(1) Generally. Except to the extent that this chapter or another statute provides otherwise: (a) The burden of demonstrating the invalidity of agency action is ...

34.05.574 Type of relief
(1) In a review under RCW 34.05.570, the court may (a) affirm the agency action or (b) order an agency to take action required by ...

34.05.578 Petition by agency for enforcement
(1) In addition to other remedies provided by law, an agency may seek enforcement of its rule or order by filing a petition for civil ...

34.05.582 Petition by others for enforcement
(1) Any person who would qualify under this chapter as having standing to obtain judicial review of an agency's failure to enforce an order directed ...

34.05.586 Defenses, limitations on
(1) Except as expressly provided in this section, a respondent may not assert as a defense in a proceeding for civil enforcement any fact or ...

34.05.588 Enforcement of agency subpoena
(1) If a person fails to obey an agency subpoena issued in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce ...

34.05.590 Incorporation of other judicial review provisions
Proceedings for civil enforcement are governed by the following provisions of this chapter on judicial review, as modified where necessary to adapt them to those ...

34.05.594 Review by higher court
Decisions on petitions for civil enforcement are reviewable as in other civil cases.[1988 c 288 § 522.] ...

34.05.598 Frivolous petitions
The provisions of RCW 4.84.185 relating to civil actions that are frivolous and advanced without reasonable cause apply to petitions for judicial review under this ...

34.05.610 Joint administrative rules review committee -- Members -- Appointment -- Terms -- Vacancies
(1) There is hereby created a joint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from ...

34.05.620 Review of proposed rules -- Notice
If the rules review committee finds by a majority vote of its members that a proposed rule is not within the intent of the legislature ...

34.05.630 Review of existing rules -- Policy and interpretive statements, etc. -- Notice -- Hearing
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by ...

34.05.640 Committee objections to agency intended action -- Statement in register and WAC -- Suspension of rule
(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, ...

34.05.650 Recommendations by committee to legislature
The rules review committee may recommend to the legislature that the original enabling legislation serving as authority for the adoption of any rule reviewed by ...

34.05.655 Petition for review
(1) Any person may petition the rules review committee for a review of a proposed or existing rule or a proposed or existing policy or ...

34.05.660 Review and objection procedures -- No presumption established
It is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection ...

34.05.665 Submission of rule for review -- State employees protected
Any individual employed or holding office in any department or agency of state government may submit rules warranting review to the rules review committee. Any ...

34.05.671 Reports -- Advisory boards -- Staff
(1) The rules review committee may make reports from time to time to the members of the legislature and to the public with respect to ...

34.05.675 Inspection of properties -- Oaths, subpoenas, witnesses, depositions
In the discharge of any duty imposed under this chapter, the rules review committee may examine and inspect all properties, equipment, facilities, files, records, and ...

34.05.681 Enforcement -- Committee subpoena -- Refusal to testify
In case of the failure on the part of any person to comply with any subpoena issued in [on] behalf of the rules review committee, ...

34.05.900 Captions and headings
Section captions and subchapter headings used in this chapter do not constitute any part of the law.[1988 c 288 § 703.] ...

34.05.901 Severability -- 1988 c 288
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application ...

34.05.902 Effective date -- Application -- 1988 c 288
RCW 34.05.001 through 34.05.902 shall take effect on July 1, 1989, and shall apply to all rule-making actions and agency proceedings begun on or after ...

34.05.903 Severability -- 1998 c 280
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...