Title 10 WAC — Administrative Hearings, Office of

Chapter 10-04 Agency organization—Public records.

Wash. Admin. Code § 10-04-010 Purpose.

The purpose of this chapter is to provide rules for the office of administrative hearings to implement the provisions of chapter 42.56 RCW relating to public records.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-010, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-010, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-010, filed 11/1/82.

Wash. Admin. Code § 10-04-015 Definitions.

The definitions set forth in RCW 42.56.010 apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Case" means an adjudicative proceeding as defined in RCW 34.05.010(1).

(2) "Case file" means the same thing as "official record" while a case is pending with the office. Once a case is no longer pending with the office, "case file" means any records possessed by the office which are copies of all or part of the official record.

(3) "Days" means calendar days unless otherwise stated.

(4) "Office" and "OAH" mean the office of administrative hearings. Where appropriate, office also refers to the staff and employees of the office of administrative hearings.

(5) "Official record" means the complete record of a case, as defined in RCW 34.05.476. The official record may be either paper or electronic. The official record does not include any additional copies or drafts of documents, or notes.

(6) "Page" means one impression on a single side of a sheet of paper, or the electronic equivalent.

(7) "Public records officer" means the public records officer or designee for the office appointed by the chief administrative law judge.

(8) "Referring agency" means an agency that refers cases to the office under RCW 34.05.425 (1)(c).

History

Statutory Authority: RCW 34.12.080. WSR 24-01-091, § 10-04-015, filed 12/18/23, effective 1/18/24. Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-015, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-020 Description of the office of administrative hearings.

(1) The office conducts impartial administrative hearings for referring agencies under chapter 34.12 RCW.

(2) The office headquarters is located at 2420 Bristol Ct. SW, P.O. Box 42488, Olympia, Washington, 98504-2488. The headquarters hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, except legal holidays.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-020, filed 12/20/17, effective 1/20/18
WSR 15-02-087, § 10-04-020, filed 1/7/15, effective 1/12/15. Statutory Authority: Chapter 34.12 RCW. WSR 13-08-047, § 10-04-020, filed 3/28/13, effective 4/28/13
WSR 08-12-025, § 10-04-020, filed 5/29/08, effective 6/29/08. Statutory Authority: RCW 34.12.030(6). WSR 06-08-009, § 10-04-020, filed 3/23/06, effective 4/23/06. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-020, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 42.17.250 (1). WSR 93-10-098, § 10-04-020, filed 5/5/93, effective 6/5/93. Statutory Authority: RCW 42.17.250 and 34.05.220 (1)(b). WSR 89-13-036 (Order 6), § 10-04-020, filed 6/15/89. Statutory Authority: RCW 42.17.250 and 34.04.020. WSR 85-22-032 (Order 4), § 10-04-020, filed 10/31/85. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-020, filed 11/1/82.

Wash. Admin. Code § 10-04-025 Organization, operations, and procedures.

The chief administrative law judge directs OAH. Administrative law judges preside over hearings and issue initial or final orders, including findings of fact and conclusions of law. OAH is physically located in Olympia, Seattle, Spokane Valley, and Tacoma. Procedures governing administrative proceedings and other information are available in Title 10 of the Washington Administrative Code (WAC).

History

Statutory Authority: RCW 34.12.080. WSR 24-01-091, § 10-04-025, filed 12/18/23, effective 1/18/24. Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-025, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-030 Public records officer.

(1) The public records officer is appointed by the chief administrative law judge and is located in the headquarters office.

(2) The public records officer is responsible for implementing these rules and ensuring the fullest assistance to requestors.

(3) The public records officer is responsible for overseeing compliance with the Public Records Act, but staff members may process requests.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-030, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-030, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-030, filed 11/1/82.

Wash. Admin. Code § 10-04-035 Availability of records.

Public records are available for inspection during normal business hours. For the purposes of this chapter, normal business hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Monday through Friday, except legal holidays. Records must be inspected at the headquarters office or other location as authorized by the public records officer.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-035, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-037 Location of case records.

(1) The office is the custodian of the official record only while a case is pending with the office. The referring agency is the custodian of the official record at all other times.

(2) Requestors seeking to inspect or receive copies of the official record for cases pending with the office should direct their requests to the office. Requestors seeking to inspect or receive copies of the official record for cases that are no longer pending with the office should direct their requests to the referring agency.

(3) Requestors seeking to inspect or receive copies of the case file should direct their requests to the office.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-037, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-040 Requests for public records.

(1) Prior to submitting a records request, requestors are encouraged to view documents available on the office website at www.oah.wa.gov.

(2) Requestors seeking to inspect or receive copies of public records must give reasonable notice to the office that the request is for public records. The request should be addressed to the public records officer.

(3) Requestors may use the public records request form available at www.oah.wa.gov.

(4) Requestors are encouraged to include the following information in the request:

• Name of requestor;

• Contact information of requestor, such as telephone number, mailing address, and email address;

• The date of the request;

• Enough information about the public records being requested to allow the office to reasonably identify and locate any responsive records; and

• Preferred method of receiving the responsive records.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-040, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-040, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-040, filed 11/1/82.

Wash. Admin. Code § 10-04-045 Responses to public records requests.

(1) Within five business days of receipt of the request, the public records officer will acknowledge receipt and do one or more of the following:

(a) Make the records available for inspection or copying;

(b) Send copies of the records to the requestor, if copies are requested and the requestor has paid any fees that are due;

(d) Request clarification from the requestor, if the request is unclear or does not sufficiently identify the requested records; or

(e) Deny the request.

(2) Before providing public records, the public records officer may notify others potentially affected by the disclosure of those records, so that they can seek a court order to prevent or limit the disclosure under RCW 42.56.540. The notice to the affected persons will include a copy of the public records request.

(3) Some records are exempt from disclosure, in whole or in part, and may be withheld or redacted.

(4) The office is not required to create a record that does not otherwise exist.

(5) The public records officer will close a request and inform the requestor that the office has closed the request if the requestor:

(a) Withdraws the request;

(b) Fails to inspect the records;

(c) Fails to pay a fee for records within thirty days after the office sends notification of the fee to the requestor; or

(d) Fails to claim copies of records within thirty days after the office sends notification that the copies are available.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-045, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-050 Inspection of public records.

(1) The office will provide space to inspect public records.

(2) The office will notify the requestor in writing that the records are available to inspect. Within 30 days after the office sends notification, the requestor must make arrangements with the office to inspect the records.

(3) After inspection is complete, the requestor must identify which records they wish the office to copy. Depending on staff availability and the volume of records requested, the office may copy the records at that time or provide the records to the requestor at a later date.

(4) When the inspection of the requested records is complete and all requested copies are provided, the public records officer will send notification to the requestor that the request is closed.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-129, § 10-04-050, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-050, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-050, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [ 42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-050, filed 11/1/82.

Wash. Admin. Code § 10-04-055 Protection of public records.

(1) The office will maintain its records in a reasonably organized manner and will take reasonable actions to protect records from damage and disorganization.

(2) Records will be made available to the requestor for inspection subject to the following restrictions:

(a) The records must not be removed from the designated area;

(b) The public records officer may limit the number of pages provided for inspection at one time;

(d) Records may not be marked, altered, cut or mutilated in any way;

(e) Use of liquids, eating, drinking, and smoking while inspecting the records is prohibited;

(f) Records must not be defaced in any way, including by writing on, folding, tracing or fastening them with fasteners other than those already existing in file;

(g) Records must be kept in the order in which they are received; and

(h) All copying of records will be done by office staff.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-055, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-060 Installments.

The public records officer may provide access to records in installments under RCW 42.56.080.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-060, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-060, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 42.17.250 and 34.05.220 (1)(b). WSR 89-13-036 (Order 6), § 10-04-060, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-060, filed 11/1/82.

Wash. Admin. Code § 10-04-065 Electronic records.

(1) When providing electronic records, the public records officer will provide records in a file format that is generally commercially available.

(2) If a record exists on a web page, the public records officer may respond by providing the link to the record.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-065, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-070 Exemptions.

(1) The office must determine if a public record requested is exempt from disclosure, in whole or in part, under chapter 42.56 RCW or other applicable law.

(2) If an entire record is exempt from disclosure it will be withheld. For each record withheld, the public records officer will identify the record, note the applicable exemption and give a brief explanation for each exemption. If only parts of a record are exempt from disclosure, the public records officer will redact the exempt parts, note the applicable exemptions, and give a brief explanation for each exemption.

(3) The office is prohibited by statute from disclosing lists of individuals for commercial purposes under RCW 42.56.070(8).

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-070, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-070, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-070, filed 11/1/82.

Wash. Admin. Code § 10-04-075 Fees for providing public records.

(1) There is no fee for inspecting public records.

(2) The office will charge for providing copies of public records and will maintain a fee schedule on its website. The office may waive fees when the costs of processing the payment are reasonably likely to exceed the amount of the fees that would be charged.

(3) The office is not calculating actual costs for copying its records because doing so would be unduly burdensome for the following reasons:

(a) The office does not have the resources to conduct a study to determine actual copying costs;

(b) Conducting such a study would interfere with other essential agency functions; and

(c) Through the legislative process, the public and requestors have commented on and been informed of authorized fees and costs provided in the Public Records Act and other laws.

(4) The office uses the standard fees and costs authorized in RCW 42.56.120.

(5) The public records officer may require payment of fees before providing the records.

(a) Before beginning to copy public records, a deposit of up to ten percent of the estimated costs of copying may be required.

(b) Payment of the costs of copying an installment may be required before the installment is provided.

(c) If payment of fees is required, the office will send notification to the requestor. Within thirty days after the office sends notification, the requestor must pay the fee or make other arrangements with the office.

(6) The office will not charge sales tax for copies of public records.

(7) The office will accept payment by check, money order, or cash. For cash payments, it is within the office's discretion to determine the denomination of bills and coins that will be accepted.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-09-057, § 10-04-075, filed 4/16/18, effective 5/17/18
WSR 18-01-144, § 10-04-075, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-080 Agency review of denials or time estimates.

(1) A requestor whose request for a public record has been denied or who believes that the office has not made a reasonable estimate of the time to respond to the request may petition the chief administrative law judge for review of the denial or estimate.

(a) The petition must be in writing and include a copy of, or reasonably identify, the written statement by the public records officer denying the request or providing the estimate.

(b) The petition must be sent to the public records officer who will promptly provide the petition and any other relevant information to the chief administrative law judge to conduct the review.

(2) The chief administrative law judge will consider the petition and either affirm, modify, or reverse the denial or the estimate. This review will be completed within two business days following the office's receipt of the petition, or within such times as mutually agreed by the office and the requestor.

(3) If the office denies access to a public record because it claims the record is exempt from disclosure in whole or in part, the requestor may request the attorney general's office to review the denial under RCW 42.56.530.

(4) A requestor may obtain judicial review of a denial of a public records request under RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any administrative appeal.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-080, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-080, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-080, filed 11/1/82.

Wash. Admin. Code § 10-04-085 Records index.

(1) The office's index of public records is available at www.oah.wa.gov.

(2) The state general records retention schedule and the office's records retention schedule supplement the office's index.

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-085, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 10-04-090 Communications with the office of administrative hearings.

Information about requesting public records from the office is at www.oah.wa.gov. Requests for public records and related questions should be directed to the public records officer, who may be contacted as follows:

Public Records Officer

Office of Administrative Hearings

P.O. Box 42488

Olympia, WA 98504-2488

360-407-2700

publicrecords@oah.wa.gov

History

Statutory Authority: RCW 34.12.030(6). WSR 18-01-144, § 10-04-090, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 34.05.020, 34.12.030 and 42.17.250. WSR 99-20-115, § 10-04-090, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.04.020 and 47.17.250 - 47.17.320 [42.17.250 - 42.17.320]. WSR 82-22-052 (Order 3), § 10-04-090, filed 11/1/82.

Chapter 10-08 Model rules of procedure.

Wash. Admin. Code § 10-08-001 Declaration of purpose.

(1) Chapter 10-08 WAC contains the model rules of procedure which RCW 34.05.250 requires the chief administrative law judge to adopt for use by as many agencies as possible. The model rules deal with general functions and duties performed in common by the various agencies. The model rules supplement Administrative Procedure Act provisions which contain grants of rulemaking authority to agencies. It is not the purpose of the model rules to duplicate all procedural provisions of the Administrative Procedure Act. This chapter sets forth general rules applicable to proceedings before many state agencies. It should be read in conjunction with the provisions of the Administrative Procedure Act (chapter 34.05 RCW) and with any administrative rules governing adjudicative proceedings which have been adopted by the particular agency.

(2) Except to the extent an agency is excluded from chapter 34.05 RCW or parts of chapter 34.05 RCW, each agency must adopt as much of the model rules as is reasonable under its circumstances. Any agency adopting a rule of procedure that differs from these model rules must include in the order of adoption a finding stating the reasons for variance.

(3) Adoption of these 1999 amendments to the model rules does not invalidate any variances in rules adopted by agencies between the effective date of the 1988 amendments to the Administrative Procedure Act and the effective date of these 1999 amendments to the model rules.

(4) In the absence of other rules to the contrary, these model rules shall govern any adjudicative proceedings under the Administrative Procedure Act.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-001, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-001, filed 6/15/89.

Wash. Admin. Code § 10-08-035 Adjudicative proceedings—Application.

An application for an adjudicative proceeding may be on a form provided by the agency for that purpose or in other writing signed by the applicant or the applicant's representative. The application for an adjudicative proceeding should specify the issue to be decided in the proceeding.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-035, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-035, filed 6/15/89.

Wash. Admin. Code § 10-08-040 Adjudicative proceedings—Notice of hearing.

(1) In any adjudicative proceeding all parties shall be served with a notice of hearing within the time required by law governing the respective agency or proceeding. If there is no requirement under other law, all parties shall be served with a notice of hearing not less than seven days before the date set for the hearing. The notice shall include the information specified in RCW 34.05.434. If the hearing is to be conducted by teleconference call, the notice shall so state.

(2) The notice shall state that if a limited-English-speaking or hearing impaired party or witness needs an interpreter, a qualified interpreter will be appointed and there will be no cost to the party or witness. The notice shall include a form for a party to indicate whether the party needs an interpreter and to identify the primary language or hearing impaired status of the party.

(3) Defects in the notice may not be waived unless:

(a) The presiding officer determines that the waiver has been made knowingly, voluntarily and intelligently;

(b) The party's representative, if any, consents; and

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-040, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-040, filed 6/15/89. Statutory Authority: RCW 34.04.022 and chapter 2.42 RCW. WSR 85-22-032 (Order 4), § 10-08-040, filed 10/31/85. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-040, filed 11/1/82.

Wash. Admin. Code § 10-08-045 Adjudicative proceedings—Notice to limited-English-speaking parties.

(1) When an agency is notified or otherwise made aware that a limited-English-speaking person is a party in an adjudicative proceeding, all notices concerning the hearing, including notices of hearing, continuance, and dismissal, either:

(a) Shall be written in the primary language of the party; or

(b) Shall include a notice in the primary language of the party which describes the significance of the notice and how the party may receive assistance in understanding and responding to the notice.

(2) For purposes of this chapter, the term "limited-English-speaking person" means any person involved in a legal proceeding who cannot readily speak or understand the English language. The term has the same meaning as "non-English-speaking person" as defined in RCW 2.43.020.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-045, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-045, filed 6/15/89.

Wash. Admin. Code § 10-08-050 Adjudicative proceedings—Assignment of administrative law judge—Motion of prejudice.

(1) Whenever a state agency as defined in RCW 34.12.020(4) conducts a hearing which is not presided over by officials of the agency who are to render the final decision, the agency shall use one of the following methods for requesting assignment of an administrative law judge:

(a) Not less than 20 days prior to the date of the hearing, notify the chief administrative law judge or their designee of the date, time, and place of the hearing and request assignment of an administrative law judge to preside over the hearing, or

(b) File with the office of administrative hearings a copy of the hearing file, which filing shall be deemed to be a request for assignment of an administrative law judge to issue the notice of hearing and preside over the hearing, or

(c) Schedule its hearings to be held at times and places reserved and provided to the agency for that purpose by the office of administrative hearings.

(2) Motions of prejudice with supporting affidavits under RCW 34.12.050 must be filed at least three days prior to the hearing or to any earlier stage of the adjudicative proceeding at which the administrative law judge may be required to issue a discretionary ruling. If the notice of hearing does not state the name of the presiding administrative law judge, the chief administrative law judge or their designee shall make such assignment at least five days prior to the hearing and shall disclose the assignment to any party or representative making inquiry. Subsequent motions of prejudice filed by the same party in the same proceeding shall be ruled upon by the chief administrative law judge or their designee.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-050, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-050, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-050, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-050, filed 11/1/82.

Wash. Admin. Code § 10-08-080 Computation of time.

In computing any period of time prescribed or allowed by any applicable statute or rule, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation.

History

Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-080, filed 11/1/82.

Wash. Admin. Code § 10-08-083 Notice of appearance.

If a party is represented, the representative should provide the presiding officer and other parties with the representative's name, address, and telephone number. The presiding officer may require the representative to file a written notice of appearance or to provide documentation that an absent party has authorized the representative to appear on the party's behalf. If the representative is an attorney admitted to practice in this state, the attorney shall file a written notice of appearance and shall file a notice of withdrawal upon withdrawal of representation.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-083, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 10-08-085 Consolidation of proceedings.

If there are multiple adjudicative proceedings involving common issues or parties, upon motion of any party or upon their own motion, the presiding officer may, in their discretion, consolidate the proceedings.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-085, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-085, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 10-08-090 Adjudicative proceedings—Continuances.

(1) Postponements, continuances, extensions of time, and adjournments may be ordered by the presiding officer on their own motion or may be granted on timely request of any party, with notice to all other parties, if the party shows good cause.

(2) A request for a continuance may be oral or written. The party seeking the continuance shall notify all other parties of the request. The request for a continuance shall state whether or not all other parties agree to the continuance. If all parties do not agree to the continuance, the presiding officer shall promptly schedule a prehearing conference to receive argument and to rule on the request.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-090, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-090, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-090, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-090, filed 11/1/82.

Wash. Admin. Code § 10-08-110 Adjudicative proceedings—Filing and service of documents.

(1) Filing.

(a) Documents to be filed with the agency shall be deemed filed when received during regular business hours at any office of the agency. Documents to be filed with the presiding officer shall be deemed filed when received during regular business hours at the office of the presiding officer. Documents received outside of regular business hours shall be deemed filed the following business day.

(b) Filing documents by fax:

(i) As used in this chapter, "fax" means electronic telefacsimile transmission.

(ii) Documents may be filed by fax with the agency. Filing by fax is perfected when a complete and legible copy of the documents is reproduced on the agency's fax machine during regular business hours. A transmission of documents after regular business hours shall be considered filed on the following business day.

(iii) Any documents filed by fax should be accompanied by a cover page or other form identifying the party making the transmission, listing the address, telephone, and fax number of the party, identifying the adjudicative proceeding to which the documents relate, and indicating the date of and the total number of pages included in the transmission.

(iv) The party attempting to file the documents by fax bears the risk that the documents will not be timely received or legibly printed, regardless of the cause. If the fax is not received in legible form, filing will not be perfected.

(c) The filing of documents with the presiding officer by electronic mail ("email") is not authorized without the express approval of the presiding officer and under such circumstances as the presiding officer allows.

(2) Service.

(a) All notices, pleadings, and other documents filed with the agency shall be served upon all representatives of record and upon unrepresented parties or upon their agents designated by them or by law.

(b) Methods of service permitted. Service shall be made personally or, unless otherwise provided by law, by first-class, registered, or certified mail; by fax; or by commercial parcel delivery company. Service by email or electronic filing is permitted if expressly assented to by the receiving party.

(c) Service by mail is completed upon deposit in the United States mail properly stamped and addressed. Service by fax is completed upon production by the fax machine of confirmation of a successful transmission. Service by commercial parcel delivery is completed upon delivery to the parcel delivery company, properly addressed with charges prepaid. Service by email is completed when the email is successfully sent. Service by electronic filing is completed upon successful uploading of the document to that party's designated system.

(3) Proof of service. Where proof of service is required by statute or rule, filing the documents with the agency, together with one of the following, shall constitute proof of service:

(a) An acknowledgment of service.

(b) A certificate that the person signing the certificate served the documents upon all parties of record in the proceeding by delivering a copy thereof in person to all parties of record.

(c) A certificate that the person signing the certificate served the documents upon all parties of record in the proceeding by:

(i) Mailing a copy thereof, properly addressed with postage prepaid, to each party to the proceeding or their attorney or authorized agent; or

(ii) Transmitting a copy thereof by fax to each party to the proceeding or their attorney or authorized agent; or

(iii) Depositing a copy thereof, properly addressed with charges prepaid, with a commercial parcel delivery company; or

(iv) If agreed to by the parties, emailing or uploading to an electronic case management system a copy of the document. The certificate of service must include verification of successful sending or uploading of the document by the recipient, which may include a read receipt or confirmation of successful upload.

(4) Electronic filing with the office of administrative hearings (OAH).

(a) Documents may be filed electronically with OAH through the use of the agency's portal.

(b) Filing documents through the OAH portal:

(i) As used in this chapter, "electronically" means successfully uploading documents through the OAH portal.

(ii) Filing electronically is perfected when a complete and legible copy of the documents is successfully uploaded to OAH's portal during regular business hours. A document uploaded after regular business hours is considered filed on the following business day. Regular business hours for the purposes of electronic filing with OAH are Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding weekends and state holidays.

(iii) For any documents filed electronically through the OAH portal, the party attempting to file bears the risk that the documents will not be timely received or will not be legible, regardless of the cause unless the cause is due to an OAH portal malfunction. If the uploaded document is not received in legible form, filing will not be perfected.

(c) All service requirements as outlined in subsections (2) and (3) of this section apply to documents electronically filed through the OAH portal.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-110, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.12.080. WSR 20-07-005, § 10-08-110, filed 3/4/20, effective 4/4/20. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-110, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-110, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-110, filed 11/1/82.

Wash. Admin. Code § 10-08-120 Adjudicative proceedings—Subpoenas.

(1) Subpoenas shall be issued and enforced, and witness fees paid, as provided in RCW 34.05.446 and 5.56.010.

(2) Every subpoena shall identify the party causing issuance of the subpoena and shall state the name of the agency and the title of the proceeding and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under their control.

(a) A subpoena to a person to provide testimony at a hearing shall specify the time and place set for hearing.

(b) A subpoena duces tecum requesting a person to produce designated books, documents, or things under their control shall specify a time and place for producing the books, documents, or things. That time and place may be the time and place set for hearing, or another reasonably convenient time and place in advance of the hearing.

(3) A subpoena may be served by any suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving them a copy thereof, or by leaving such copy at the place of their abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury.

(4) The presiding officer, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-120, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-120, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-120, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-120, filed 11/1/82.

Wash. Admin. Code § 10-08-130 Adjudicative proceedings—Prehearing conference.

(1) The presiding officer upon their own motion or upon request of a party may direct the parties or their representatives to engage in a prehearing conference or conferences to consider:

(a) Simplification of issues;

(b) The necessity or desirability of amendments to the pleadings;

(c) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;

(d) Limitations on the number and consolidation of the examination of witnesses;

(e) Procedural matters;

(f) Distribution of written testimony and exhibits to the parties prior to the hearing;

(g) Such other matters as may aid in the disposition or settlement of the proceeding.

(2) Prehearing conferences may be held by telephone conference call or at a time and place specified by the presiding officer.

(3) Following the prehearing conference, the presiding officer shall issue an order reciting the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties concerning all of the matters considered. If no objection to such notice is filed within 10 days after the date such notice is mailed, it shall control the subsequent course of the proceeding unless modified for good cause by subsequent order.

(4) In any proceeding the presiding officer may, in their discretion, conduct a conference prior to the taking of testimony, or may recess the hearing for such conference, for the purpose of carrying out the purpose of this rule. The presiding officer shall state on the record the results of such conference.

(5) Nothing in this rule shall be construed to limit the right of an agency to attempt informal settlement of an adjudicative proceeding at any time.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-130, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-130, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-130, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-130, filed 11/1/82.

Wash. Admin. Code § 10-08-135 Summary judgment.

A motion for summary judgment may be granted and an order issued if the written record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-135, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 10-08-140 Adjudicative proceedings—Evidence.

(1) All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of RCW 34.05.452.

(2) Where practicable, the presiding officer may order:

(a) That all documentary evidence which is to be offered during the hearing or portions of the hearing be submitted to the presiding officer and to the other parties sufficiently in advance to permit study and preparation of cross-examination and rebuttal evidence;

(b) That documentary evidence not submitted in advance as required in (a) of this subsection be not received in evidence in the absence of a clear showing that the offering party had good cause for their failure to produce the evidence sooner, unless it is submitted for impeachment purposes;

(c) That the authenticity of all documents submitted in advance in a proceeding in which such submission is required be deemed admitted unless written objection thereto is filed prior to the hearing, except that a party will be permitted to challenge such authenticity at a later time upon a clear showing of good cause for failure to have filed such written objection.

(3) When portions only of a document are to be relied upon, the offering party shall identify the pertinent excerpts and state the purpose for which such materials will be offered. Only the excerpts, in the form of copies, shall be received in the record. However, the whole of the original documents, except any portions containing confidential material protected by law, shall be made available for examination and for use by all parties.

(4) No former employee of the agency shall appear, except with the permission of the agency, as an expert witness on behalf of other parties in a proceeding in which they previously took an active part in the investigation as a representative of the agency.

(5) The refusal of a witness to answer any question which has been ruled to be proper shall, in the discretion of the presiding officer, be ground for striking all testimony previously given by such witness on related matter.

(6) Any party bound by a stipulation or admission of record may, at any time prior to closure of the hearing, be permitted to withdraw the same in whole or in part by showing to the satisfaction of the presiding officer that such stipulation or admission was made inadvertently or under a bona fide mistake of fact contrary to the true fact and that its withdrawal at the time proposed will not unjustly prejudice the rights of other parties to the proceeding.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-140, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-140, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-140, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-140, filed 11/1/82.

Wash. Admin. Code § 10-08-150 Adjudicative proceedings—Interpreters.

(1) When an impaired person as defined in chapter 2.42 RCW or a non-English-speaking person as defined in chapter 2.43 RCW is a party or witness in an adjudicative proceeding, the appointing authority shall appoint an interpreter to assist the party or witness throughout the proceeding. Appointment, qualifications, waiver, compensation, visual recording, and ethical standards of interpreters in adjudicative proceedings are governed by the provisions of chapters 2.42 and 2.43 RCW.

(2) An adjudicative proceeding under chapter 34.05 RCW includes a legal proceeding which occurs on the record, and also includes oral and written communications of a party to an agency proceeding, and the filing, issuance and entry of notices, motions, orders, decisions, petitions, and other documents. When a party or witness appears in a legal proceeding on the record, the appointing authority is the presiding officer, and otherwise the appointing authority is the agency head or designee.

(3)(a) The agency head or designee may make a predetermination that an interpreter is qualified to provide parties with a:

(i) Visual translation or sight translation of forms, notices, proposed exhibits, briefs and orders, either before or following the hearing; or

(ii) Visual or spoken-language interpretation of oral communication with the agency that is not on the record.

(b) The agency head or designee may maintain a list of interpreters who have been determined to be qualified to interpret before the agency.

(4) Relatives of any participant in a proceeding and employees of the agency involved in a proceeding shall not be appointed as interpreters in the proceeding. This subsection shall not prohibit the office of administrative hearings from hiring an employee whose function is to interpret at adjudicative proceedings on the record and as otherwise needed by impaired and non-English-speaking persons.

(5) The appointing authority shall appoint a qualified spoken language interpreter who is on the list of certified interpreters maintained by the administrative office of the courts (AOC), except as provided in this subsection. The appointing authority may find there is good cause to appoint a qualified spoken language interpreter who is not on the list of certified interpreters maintained by the AOC. "Good cause" includes, but is not limited to, consideration of the totality of circumstances and a determination by the appointing authority that:

(a) The current list of certified interpreters maintained by the AOC does not include an interpreter certified in the language spoken by the non-English-speaking person;

(b) The parties agree to the issue or motion;

(d) The matter involves general or procedural information;

(e) The matter involves sight translation of case-related documents including forms, notices, proposed exhibits, briefs, and orders, either before or following the hearing;

(f) The rescheduling of a hearing to appoint a certified interpreter would cause prejudicial delay;

(g) The certified interpreter qualified by the appointing authority becomes unavailable unexpectedly before completion of the adjudicative proceeding; or

(h) An interpreter who is certified to interpret in the courts of another state or the federal courts is available.

(6) The appointing authority shall make a preliminary determination that an interpreter is able in the particular proceeding to interpret accurately all communication to and from the impaired or non-English-speaking person. This determination shall be based upon the testimony or stated needs of the impaired or non-English-speaking person, the interpreter's education, certifications, and experience in interpreting for contested cases or adjudicative proceedings, the interpreter's understanding of the basic vocabulary and procedure involved in the proceeding, and the interpreter's impartiality. The parties or their representatives may question the interpreter as to their qualifications and impartiality.

(7) If in the opinion of the impaired or non-English-speaking person, the appointing authority or a qualified observer, the interpreter does not provide accurate and effective communication with the impaired or non-English-speaking person, the appointing authority shall appoint another interpreter.

(8) Mode of interpretation.

(a) The AOC recognizes three spoken language interpreting modes: Consecutive, simultaneous, and sight translation. Sight translation means the act of reading a written text out loud.

(b) Interpreters for non-English-speaking persons shall use the simultaneous mode of interpretation where the presiding officer and interpreter agree that simultaneous interpretation will advance fairness and efficiency; otherwise, the consecutive mode of foreign language interpretation shall be used.

(c) Interpreters for hearing impaired persons shall use the simultaneous mode of interpretation unless an intermediary interpreter is needed. If an intermediary interpreter is needed, interpreters shall use the mode that the interpreter considers to provide the most accurate and effective communication with the hearing impaired person.

(d) When an impaired or non-English-speaking person is a party to a proceeding, the interpreter shall interpret all statements made by other hearing participants. The presiding officer shall ensure that sufficient extra time is provided to permit interpretation and the presiding officer shall ensure that the interpreter interprets the entire proceeding to the party to the extent that the party has the same opportunity to understand all statements made during the proceeding as a nonimpaired or English-speaking party listening to uninterpreted statements would have.

(9) An interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law. An interpreter shall not, without the written consent of the parties to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending.

(10) The presiding officer shall explain to the impaired or non-English-speaking party that a written decision or order will be issued in English, and that a visual translation or sight translation of the decision is available at no cost to the party.

The presiding officer shall attach to or include in the decision or order a telephone number to request a visual translation or sight translation.

(11) If the party has a right to review of the order or decision, the presiding officer shall orally inform the party during the hearing of the right and of the time limits to request review.

(12) The agency involved in the hearing shall pay interpreter fees and expenses.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-150, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030, 34.12.080, 2.42.010, and 2.43.010. WSR 16-19-083, § 10-08-150, filed 9/20/16, effective 10/21/16. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-150, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 93-10-097, § 10-08-150, filed 5/5/93, effective 6/5/93
WSR 89-13-036 (Order 6), § 10-08-150, filed 6/15/89. Statutory Authority: RCW 34.04.022 and chapter 2.42 RCW. WSR 85-22-032 (Order 4), § 10-08-150, filed 10/31/85.

Wash. Admin. Code § 10-08-160 Adjudicative proceedings—Testimony under oath or affirmation.

(1) Every person called as a witness in a hearing shall swear or affirm that the testimony they are about to give in the hearing shall be the truth according to the provisions of RCW 5.28.020 through 5.28.060. If the witness is testifying from outside the jurisdiction, the presiding officer may require the witness to agree to be bound by the laws of the state of Washington for purposes of the oath or affirmation.

(2) Every interpreter shall, before beginning to interpret, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a language or in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the agency conducting the proceedings, in the English language, to the best of the interpreter's skill and judgment.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-160, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-160, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-160, filed 6/15/89. Statutory Authority: RCW 34.04.022 and chapter 2.42 RCW. WSR 85-22-032 (Order 4), § 10-08-160, filed 10/31/85. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-160, filed 11/1/82.

Wash. Admin. Code § 10-08-170 Adjudicative proceedings—Reporting—Recording.

All hearings shall be recorded by manual, electronic, or other type of recording device.

History

Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-170, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-170, filed 11/1/82.

Wash. Admin. Code § 10-08-180 Adjudicative proceedings—Teleconference hearings.

(1) The presiding officer may conduct all or part of the hearing by telephone, television, or other electronic means, if the rights of the parties will not be prejudiced and if each participant in the hearing has an opportunity to participate in, to hear, and, if technically and economically feasible, in the judgment of the presiding officer, to see the entire proceeding while it is taking place. However, the presiding officer shall grant the motion of any party showing good cause for having the hearing conducted in person at a rescheduled time.

(2) Documentary evidence shall be submitted in advance as provided in WAC 10-08-140(2).

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-180, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-180, filed 6/15/89. Statutory Authority: RCW 34.12.080, 34.04.020 and 34.04.022. WSR 87-13-036 (Order 5), § 10-08-180, filed 6/15/87. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-180, filed 11/1/82.

Wash. Admin. Code § 10-08-190 Adjudicative proceedings—Cameras—Recording devices.

Photographic and recording equipment shall be permitted at hearings; however, the presiding officer may impose such conditions upon their use as they deem necessary to prevent disruption of the hearing.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-190, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-190, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-190, filed 11/1/82.

Wash. Admin. Code § 10-08-200 Adjudicative proceedings—Presiding officer.

The presiding officer shall have authority to:

(1) Determine the order of presentation of evidence;

(2) Administer oaths and affirmations;

(3) Issue subpoenas pursuant to RCW 34.05.446;

(4) Rule on procedural matters, objections, and motions;

(5) Rule on motions for summary judgment;

(6) Rule on offers of proof and receive relevant evidence;

(7) Pursuant to RCW 34.05.449(5), close parts of a hearing to public observation or order the exclusion of witnesses upon a showing of good cause;

(8) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;

(9) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties;

(10) Take official notice of facts pursuant to RCW 34.05.452(5);

(11) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

(12) Permit or require oral argument or briefs and determine the time limits for submission thereof;

(13) Issue an order of default pursuant to RCW 34.05.440;

(14) Hold prehearing conferences;

(15) Appoint a mediator or serve as mediator, provided that after serving as mediator, the presiding officer shall not conduct the hearing or issue a decision on the matter unless the parties specifically waive any objections to doing so;

(16) Take any other action necessary and authorized by any applicable statute or rule; and

(17) Waive any requirement of these rules unless a party shows that it would be prejudiced by such a waiver.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-200, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-200, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-200, filed 11/1/82.

Wash. Admin. Code § 10-08-210 Adjudicative proceedings—Initial or final order.

Every decision and order, whether initial or final, shall:

(1) Be correctly captioned as to the name of the agency and name of the proceeding;

(2) Designate all parties and representatives participating in the proceeding;

(3) Contain appropriate numbered findings of fact meeting the requirements in RCW 34.05.461;

(4) Contain appropriate numbered conclusions of law, including citations of statutes and rules relied upon;

(5) Contain an initial or final order disposing of all contested issues;

(6) Contain a statement describing the available post-hearing remedies.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-210, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-210, filed 6/15/89. Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-210, filed 11/1/82.

Wash. Admin. Code § 10-08-211 Adjudicative proceedings—Petition for review and replies.

(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 agency head within twenty days of the date of service of the initial order unless a different place and time limit for filing the petition are specified in the initial order in its 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 office where the petition for review was filed within ten 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.

History

Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-211, filed 6/15/89.

Wash. Admin. Code § 10-08-215 Adjudicative proceedings—Reconsideration.

A petition for reconsideration of a final order under RCW 34.05.470 shall be filed with the office of the person or persons who entered the order.

History

Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-215, filed 6/15/89.

Wash. Admin. Code § 10-08-217 Shortened record on petition for review or appeal.

If a petition for review or appeal is made of an initial order, by stipulation the parties may agree to shorten the record to be filed with the entity considering the petition for review or appeal. Either party unreasonably refusing to stipulate to such a limitation, including shortening or selecting only portions of a transcript, may be ordered to pay the additional costs involved. For petitions for judicial review of a final order, see RCW 34.05.566.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-217, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 10-08-219 Correction of transcript.

Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing. If the parties agree and the presiding officer approves, transcript corrections may be incorporated into the record at any time during the hearing or after the close of evidence. All corrections must be made within ten calendar days after receipt of the transcript unless the presiding officer allows a different period.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-219, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 10-08-220 Other law.

Nothing in chapter 10-08 WAC is intended to diminish the constitutional rights of any person or to limit or modify additional requirements imposed by statute, including the Administrative Procedure Act.

History

Statutory Authority: RCW 34.04.020 and 34.04.022. WSR 82-22-052 (Order 3), § 10-08-220, filed 11/1/82.

Wash. Admin. Code § 10-08-230 Informal settlements.

RCW 34.05.060 authorizes agencies to establish by rule specific procedures for attempting and executing informal settlement of matters. The following procedures are available for informal dispute resolution that may make more elaborate proceedings under the Administrative Procedure Act unnecessary.

(1)(a) All agencies and persons are strongly encouraged to explore early, informal resolution to disputes whenever possible. Any person whose interest in a matter before an agency may be resolved by settlement shall communicate their request or complaint to the agency, setting forth all pertinent facts and particulars and the desired remedy. If the agency requires additional information to resolve the matter informally, it shall promptly provide to the person who is seeking relief an opportunity to supply such information. Settlement negotiations shall be informal and without prejudice to rights of a participant in the negotiations; Provided, however, that any time limit applicable to filing an application for an adjudicative proceeding shall not be extended because settlement attempts are pending.

(b) In the event an early, informal resolution is reached, the agency is responsible for providing a written description of the resolution to the person(s) involved.

(2)(a) If settlement of an adjudicative proceeding may be accomplished by informal negotiation with the agency or other parties involved, negotiations shall be commenced at the earliest possible stage of the proceeding. Settlement shall be concluded by:

(i) Stipulation of parties or

(ii) Withdrawal by the applicant of their application for an adjudicative proceeding or

(iii) Withdrawal by the agency of the agency action which is the subject matter of the adjudicative proceeding.

(b) A stipulation shall be in writing and signed by each party to the stipulation or their representative or shall be recited on the record at the hearing. When an adjudicative proceeding has been settled by stipulation, the agency head, the agency head's designee, or the presiding officer shall enter an order in conformity with the terms of the stipulation.

(c) When an adjudicative proceeding has been wholly or partially settled by withdrawal, the presiding officer shall enter an order dismissing the adjudicative proceeding, or an order dismissing the affected party's interest in the proceeding if other parties have not withdrawn.

History

Statutory Authority: RCW 34.12.030. WSR 24-14-111, § 10-08-230, filed 7/2/24, effective 8/2/24. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-230, filed 6/15/89.

Wash. Admin. Code § 10-08-250 Declaratory orders—Form, content and filing.

A petition for a declaratory order shall generally adhere to the following form:

(1) At the top of the page shall appear the wording "Before the (name of agency)." On the left side of the page below the foregoing the following captions shall be set out: "In the matter of the petition of (name of petitioning party) for a declaratory order." Opposite the foregoing caption shall appear the word "petition."

(2) The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party. The second paragraph shall state all rules or statutes that may be brought into issue by the petition. Succeeding paragraphs shall set out the state of facts relied upon in form similar to that applicable to complaints in civil actions before the superior courts of this state. The concluding paragraphs shall contain the relief sought by the petitioner. The petition shall be subscribed and verified in the manner prescribed for verification of complaints in the superior courts of this state.

(3) The original and two legible copies of the petition shall be filed with the agency.

History

Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-250, filed 6/15/89.

Wash. Admin. Code § 10-08-251 Declaratory orders—Procedural rights of persons in relation to petition.

If a petition for a declaratory order is set for specified proceedings under RCW 34.05.240 (5)(b), the agency shall give not less than seven days advance written notice of the proceedings to the petitioner and all persons described in RCW 34.05.240(3). The notice shall contain the time, date, place, and nature of the proceedings and shall describe how interested persons may participate in the proceeding. Pursuant to RCW 34.05.240(7), the agency may not enter a declaratory order that would substantially prejudice the rights of a person who would be a necessary party if the person does not consent in writing to the determination of the matter by a declaratory ruling proceeding.

History

Statutory Authority: RCW 34.05.020, 34.05.250, 34.12.030 and 34.12.080. WSR 99-20-115, § 10-08-251, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-251, filed 6/15/89.

Wash. Admin. Code § 10-08-252 Declaratory orders—Disposition of petition.

A declaratory order entered by an agency or a decision by the agency to decline to enter a declaratory order shall be in writing and shall be served upon the petitioner and all other persons described in RCW 34.05.240(3).

History

Statutory Authority: RCW 34.05.250. WSR 89-13-036 (Order 6), § 10-08-252, filed 6/15/89.

Chapter 10-12 Compliance with State Environmental Policy Act.

Wash. Admin. Code § 10-12-010 Purpose.

The purpose of this chapter is to comply with and implement RCW 43.21C.120 directing every state agency to adopt rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act into the various programs under its jurisdiction for implementation.

History

Statutory Authority: RCW 34.05.020, 34.12.030 and 43.21C.120. WSR 99-20-115, § 10-12-010, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 43.21C.120. WSR 82-22-052 (Order 3), § 10-12-010, filed 11/1/82.

Wash. Admin. Code § 10-12-020 Application.

Pursuant to WAC 197-11-800, the office of administrative hearings has reviewed its authorized activities and found them to be exempt under the provisions of chapter 197-11 WAC.

History

Statutory Authority: RCW 34.05.020, 34.12.030 and 43.21C.120. WSR 99-20-115, § 10-12-020, filed 10/6/99, effective 11/6/99. Statutory Authority: RCW 43.21C.120. WSR 82-22-052 (Order 3), § 10-12-020, filed 11/1/82.

Chapter 10-16 Complaint procedures.

Wash. Admin. Code § 10-16-010 Procedure for complaints regarding improper conduct of an administrative law judge.

(1) Administrative law judges (ALJs) will at all times adhere to the fundamental principles of law, fairly and equitably. They should be fair in their rulings and should conduct the proceedings in a judicious manner.

(2) Any interested party to an administrative proceeding may file a complaint alleging improper conduct of an administrative law judge. For purposes of this section, an interested party is a person who has a right to receive notice of the administrative hearing, or was a witness, interpreter, or court reporter in an administrative hearing.

(3) The written complaint must include:

(a) The name of the ALJ;

(b) What the ALJ said or did that was improper;

(d) The individuals present; and

(e) Any other facts and information that would help the office of administrative hearings (OAH) investigate the complaint.

(4) A person filing a complaint must send it to OAH by mail or facsimile (fax) to the location listed on the notice or order, or by mail to 2420 Bristol Ct. S.W., P.O. Box 42488, Olympia, Washington, 98504-2488. A person may also file a complaint online at www.oah.wa.gov.

(5) OAH will acknowledge the complaint within 10 days after receiving it. A supervising ALJ (supervisor) will investigate the complaint. If the case is no longer pending before OAH when the complaint is filed, the supervisor will respond to the person in writing within 30 days after receiving the complaint. If the case is pending before OAH when the complaint is filed, the supervisor will respond within 30 days after the ALJ issues their decision. If additional time is needed, the supervisor will tell the person in writing and state when the supervisor expects to send a response.

(6) If the investigation finds that the ALJ acted improperly, OAH will take appropriate action. If discipline is warranted, it shall be handled internally. The person who filed the complaint will not be told about any action taken against an individual judge, but may be told of policy or practice changes that result from the complaint.

(7) If the person who filed the complaint is not satisfied with the result of the investigation, they may ask the chief administrative law judge (chief) to review the complaint. The chief will review all facts and information related to the complaint and respond in writing. The chief's response will be final.

(8) Any questions concerning the complaint procedure may be asked by calling OAH at the number listed on the order or notice, or in writing by mail or fax as explained in subsection (4) of this section.

(9) Disagreements with an ALJ's decisions or rulings must only be handled through the appeal or petition for review process, rather than this complaint process. If the complaint is only about the decisions and rulings of the ALJ, it will not be investigated.

History

Statutory Authority: RCW 34.12.080. WSR 24-02-072, § 10-16-010, filed 1/2/24, effective 2/2/24. Statutory Authority: RCW 34.05.020 and 34.12.030. WSR 99-20-115, § 10-16-010, filed 10/6/99, effective 11/6/99.

Chapter 10-20 Firearms and weapons in administrative hearings.

Wash. Admin. Code § 10-20-010 Firearms, weapons prohibited in administrative hearings.

(1) Firearms or other dangerous weapons are prohibited at all facilities owned, leased, or operated by the office of administrative hearings and in rooms where the office of administrative hearings is conducting an administrative hearing. This prohibition applies to all parties or witnesses at hearings, all office of administrative hearings employees, and all other persons present. However, it does not apply to law enforcement personnel, security personnel, or military personnel, all while engaged in official duties.

(2) As used in this chapter, "firearm or other dangerous weapon" means any firearm as defined in RCW 9.41.010, explosive as defined in RCW 70.74.010, or weapon listed in RCW 9.41.250.

(3) Possession of a valid concealed weapons permit is not a defense to the prohibition in this section.

(4) This prohibition does not apply to lawful firearms or other lawful weapons while confined to private motor vehicles in parking areas at hearings facilities.

(5) This prohibition does not apply to firearms or other dangerous weapons offered as evidence in an administrative hearing.

History

Statutory Authority: RCW 34.12.030(6) and 34.12.080. WSR 05-03-003, § 10-20-010, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 10-20-020 Notice of prohibited weapons.

Notice that firearms and other dangerous weapons are prohibited shall be posted conspicuously in the waiting area of all office of administrative hearings offices and shall be included with every notice of hearing issued by the office of administrative hearings.

History

Statutory Authority: RCW 34.12.030(6) and 34.12.080. WSR 05-03-003, § 10-20-020, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 10-20-030 Sanctions for possession of weapons.

Any person in possession of a firearm or other dangerous weapon at facilities owned, leased, or operated by the office of administrative hearings or in rooms being used by the office of administrative hearings for administrative hearings may be excluded from the hearings facility or room, may be held in default from the hearing, and may face any other applicable legal consequences.

History

Statutory Authority: RCW 34.12.030(6) and 34.12.080. WSR 05-03-003, § 10-20-030, filed 1/5/05, effective 2/5/05.

Chapter 10-24 Access to OAH facilities and services.

Wash. Admin. Code § 10-24-010 Representation as an accommodation for a party with disabilities.

(1) Purpose. The office of administrative hearings (OAH) addresses all accommodation requests under OAH policy, the federal Americans with Disabilities Act (ADA), and the Washington law against discrimination (WLAD). This section applies to requests and referrals for representation as a necessary accommodation in adjudicative proceedings before OAH. A suitable representative may be an appropriate accommodation where a party is unable to meaningfully participate in an adjudicative proceeding as a result of a disability.

(2) Definitions.

(a) "Disability" as used in this section is defined under 42 U.S.C. Sec. 12102. Disability does not include factors such as lack of education, lack of English proficiency, or other nondisability factors.

(b) "Suitable representative" means an individual who is appointed under subsection (12) of this section to provide the assistance needed to enable a self-represented party with a disability to meaningfully participate in the adjudicative proceeding.

(3) Requests and referrals.

(a) Requests. The party may request a suitable representative accommodation in the hearing request form or by contacting OAH:

(i) By telephone;

(ii) By fax;

(iii) By mail;

(iv) Using the OAH online accommodation request form;

(v) Directly asking the ALJ.

Requests should be made in advance whenever possible.

(b) Referrals by others. Other persons, including participants to the proceeding, may inform the ADA coordinator that the party may need a suitable representative accommodation. The ADA coordinator will contact the party.

(c) Referral by administrative law judge (ALJ). If the ALJ believes that a self-represented party may be unable to meaningfully participate in the adjudicative proceeding as a result of a disability, the ALJ will ask the party to consent to referral to the ADA coordinator. With the party's consent the ALJ will delay starting or resuming the adjudicative proceeding until the accommodation request is addressed by the ADA coordinator.

(4) Expedited process. The ADA coordinator will hasten the assessment and accommodation process as quickly as practical.

(5) Confidentiality. OAH keeps confidential all health information from health care providers, health plans, and other covered entities under the federal Health Insurance Portability and Accountability Act and the state Health Care Information Access and Disclosure Act in chapter 70.02 RCW. However, all other records considered or created during the accommodation process may be subject to public disclosure under the state Public Records Act in chapter 42.56 RCW. The ADA coordinator will not add records to the adjudicative proceeding record unless at the self-represented party's request.

(6) Disability determination. The ADA coordinator will promptly review requests and referrals and determine whether the party has a disability. The ADA coordinator may require documentation.

(7) Meaningful participation determination. If the party has a disability, the ADA coordinator will determine whether as a result of the disability the party is unable to meaningfully participate in the adjudicative proceeding. The existing assistance of a legal guardian, near relative, or friend shall not affect the ADA coordinator's determination. The ADA coordinator will consider the following:

(a) Whether the party has a rational and factual understanding of:

(i) The nature and object of the adjudicative proceeding;

(ii) The right of representation;

(iii) The right to present, examine, and object to evidence;

(iv) The right to cross-examine witnesses; and

(v) The right to appeal.

(b) Whether the party has sufficient present ability to:

(i) Exercise the rights in (a) of this subsection;

(ii) Make informed decisions about whether to waive the rights in (a) of this subsection;

(iii) Physically participate in the adjudicative proceeding;

(iv) Respond to any allegations, issues, arguments, and evidence presented by other parties;

(v) Evaluate and coherently discuss arguments and defenses;

(vi) Present evidence relevant to eligibility for relief;

(vii) Present coherent testimony based upon adequate recall; and

(viii) Act upon instructions and information presented by other parties and the ALJ.

(c) Whether the party's spouse or registered domestic partner is their co-party in the adjudicative proceeding and the co-party can meaningfully participate without a suitable representative.

(8) Accommodation determination. If the party is unable to meaningfully participate in the adjudicative proceeding as a result of a disability, the ADA coordinator will communicate with the party to determine the types of accommodations the party requires to allow the party to meaningfully participate in the adjudicative proceeding. The ADA coordinator will determine:

(a) Whether alternative accommodations can adequately address the party's disability-related limitations; or

(b) If alternative accommodations do not adequately address the party's needs, whether a suitable representative accommodation is necessary. The ADA coordinator may determine that the party needs a suitable representative accommodation in addition to alternative accommodations.

(9) Representative accommodation denial. If the ADA coordinator determines a suitable representative is not needed, the ADA coordinator will inform the party in writing, or any other communication appropriate to the situation, of the reasons for denial and how to seek review of the decision under subsection (17) of this section.

(10) No cost to party. If the ADA coordinator determines that appointment of a suitable representative is the necessary accommodation, the ADA coordinator will identify an individual to assist the party at no cost to the party.

(11) Suitable representative factors. To identify an individual, the ADA coordinator will consider the needs identified in the assessment under subsection (7) of this section and any other factors, including:

(a) The party's preferences;

(b) The knowledge, skills and abilities of the individual being considered, including:

(i) Knowledge of or the ability to timely attain knowledge of the procedural rules;

(ii) Knowledge of or ability to timely attain knowledge of the substance at issue;

(iii) Experience and training in advocating for people with disabilities; and

(iv) The individual's availability to meet the timelines and duration of the particular adjudicative proceeding.

(12) Acceptance and appointment. After the ADA coordinator has identified an individual to be the party's suitable representative, the ADA coordinator will inform the party. The party will show acceptance of the appointment in writing or in any other form consistent with the party's disability. The appointment of a suitable representative is made by the chief ALJ. The appointment is effective upon acceptance of the accommodation by the party with a disability.

(13) Rejection. The party has the right to reject the identified suitable representative. If the party disagrees with the appointment, the party will contact the ADA coordinator to request a new representative. If the request contains new disability or suitability-related information, the ADA coordinator may consider identifying another individual to be appointed as the party's suitable representative.

(14) Notice of appearance. Upon appointment the suitable representative will file a notice of appearance under WAC 10-08-083 or other applicable rule or law to inform all parties and representatives of record of the individual's name, address, and telephone number.

(15) End of appointment. The appointment ends automatically when the time expires to file a petition for review of the ALJ's initial or final order. Alternatively, the party or the suitable representative may end the appointment at any stage. The suitable representative will file a notice of withdrawal under WAC 10-08-083 or other applicable rule or law if the appointment ends prior to the deadline for the petition for review.

(16) In case of remand. If a higher authority remands the case to OAH, the ADA coordinator will redetermine whether a suitable representative is still the necessary accommodation. The ADA coordinator will verify if the individual previously appointed is available or will identify another individual to be the suitable representative. The party retains the right to accept or reject the identified suitable representative.

(17) Grievance. If the party is not satisfied with a representative accommodation decision by the ADA coordinator, the party may request review of the accommodation request by the chief ALJ, whose decision will be final.

(18) ADA coordinator training. The ADA coordinator will receive specialized training to assure an adequate knowledge and understanding of adjudicative proceedings and federal and state law requirements with respect to assessing the need for reasonable accommodations. The ADA coordinator will make recommendations to the chief ALJ regarding the necessary training for agency staff and for suitable representatives.

(19) Suitable representative training. Before serving as a suitable representative, an individual must complete qualification training, or demonstrate equivalent experience or training, as established by the chief ALJ.

History

Statutory Authority: RCW 34.12.030 and 34.12.[0]80. WSR 23-16-106, § 10-24-010, filed 7/31/23, effective 8/31/23. Statutory Authority: RCW 34.12.080, 34.05.250, and 34.12.030. WSR 17-17-079, § 10-24-010, filed 8/16/17, effective 1/1/18.

Title 10 WAC — Administrative Hearings, Office of

Chapter 10-04 Agency organization—Public records.

Wash. Admin. Code § 10-04-010 Purpose.

Wash. Admin. Code § 10-04-015 Definitions.

Wash. Admin. Code § 10-04-020 Description of the office of administrative hearings.

Wash. Admin. Code § 10-04-025 Organization, operations, and procedures.

Wash. Admin. Code § 10-04-030 Public records officer.

Wash. Admin. Code § 10-04-035 Availability of records.

Wash. Admin. Code § 10-04-037 Location of case records.

Wash. Admin. Code § 10-04-040 Requests for public records.

Wash. Admin. Code § 10-04-045 Responses to public records requests.

Wash. Admin. Code § 10-04-050 Inspection of public records.

Wash. Admin. Code § 10-04-055 Protection of public records.

Wash. Admin. Code § 10-04-060 Installments.

Wash. Admin. Code § 10-04-065 Electronic records.

Wash. Admin. Code § 10-04-070 Exemptions.

Wash. Admin. Code § 10-04-075 Fees for providing public records.

Wash. Admin. Code § 10-04-080 Agency review of denials or time estimates.

Wash. Admin. Code § 10-04-085 Records index.

Wash. Admin. Code § 10-04-090 Communications with the office of administrative hearings.

Chapter 10-08 Model rules of procedure.

Wash. Admin. Code § 10-08-001 Declaration of purpose.

Wash. Admin. Code § 10-08-035 Adjudicative proceedings—Application.

Wash. Admin. Code § 10-08-040 Adjudicative proceedings—Notice of hearing.

Wash. Admin. Code § 10-08-045 Adjudicative proceedings—Notice to limited-English-speaking parties.

Wash. Admin. Code § 10-08-050 Adjudicative proceedings—Assignment of administrative law judge—Motion of prejudice.

Wash. Admin. Code § 10-08-080 Computation of time.

Wash. Admin. Code § 10-08-083 Notice of appearance.

Wash. Admin. Code § 10-08-085 Consolidation of proceedings.

Wash. Admin. Code § 10-08-090 Adjudicative proceedings—Continuances.

Wash. Admin. Code § 10-08-110 Adjudicative proceedings—Filing and service of documents.

Wash. Admin. Code § 10-08-120 Adjudicative proceedings—Subpoenas.

Wash. Admin. Code § 10-08-130 Adjudicative proceedings—Prehearing conference.

Wash. Admin. Code § 10-08-135 Summary judgment.

Wash. Admin. Code § 10-08-140 Adjudicative proceedings—Evidence.

Wash. Admin. Code § 10-08-150 Adjudicative proceedings—Interpreters.

Wash. Admin. Code § 10-08-160 Adjudicative proceedings—Testimony under oath or affirmation.

Wash. Admin. Code § 10-08-170 Adjudicative proceedings—Reporting—Recording.

Wash. Admin. Code § 10-08-180 Adjudicative proceedings—Teleconference hearings.

Wash. Admin. Code § 10-08-190 Adjudicative proceedings—Cameras—Recording devices.

Wash. Admin. Code § 10-08-200 Adjudicative proceedings—Presiding officer.

Wash. Admin. Code § 10-08-210 Adjudicative proceedings—Initial or final order.

Wash. Admin. Code § 10-08-211 Adjudicative proceedings—Petition for review and replies.

Wash. Admin. Code § 10-08-215 Adjudicative proceedings—Reconsideration.

Wash. Admin. Code § 10-08-217 Shortened record on petition for review or appeal.

Wash. Admin. Code § 10-08-219 Correction of transcript.

Wash. Admin. Code § 10-08-220 Other law.

Wash. Admin. Code § 10-08-230 Informal settlements.

Wash. Admin. Code § 10-08-250 Declaratory orders—Form, content and filing.

Wash. Admin. Code § 10-08-251 Declaratory orders—Procedural rights of persons in relation to petition.

Wash. Admin. Code § 10-08-252 Declaratory orders—Disposition of petition.

Chapter 10-12 Compliance with State Environmental Policy Act.

Wash. Admin. Code § 10-12-010 Purpose.

Wash. Admin. Code § 10-12-020 Application.

Chapter 10-16 Complaint procedures.

Wash. Admin. Code § 10-16-010 Procedure for complaints regarding improper conduct of an administrative law judge.

Chapter 10-20 Firearms and weapons in administrative hearings.

Wash. Admin. Code § 10-20-010 Firearms, weapons prohibited in administrative hearings.

Wash. Admin. Code § 10-20-020 Notice of prohibited weapons.

Wash. Admin. Code § 10-20-030 Sanctions for possession of weapons.

Chapter 10-24 Access to OAH facilities and services.

Wash. Admin. Code § 10-24-010 Representation as an accommodation for a party with disabilities.

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