Current through Register Vol. 24-18, September 15, 2024
(1) An
applicant for an initial license or renewal of an existing license is not
entitled to an adjudicative proceeding unless the applicant has submitted:
(a) A completed initial application or
renewal application, as appropriate; and
(b) All applicable application, examination,
or renewal fees payable in connection with such application or
license.
(2) An aggrieved
applicant is not entitled to an adjudicative proceeding with respect to the
denial of an application submitted under chapter 246-290, 246-291, or 246-295
WAC unless the applicant has submitted to the district engineer or other
departmental employee responsible for reviewing the submittal, a certification
that, to the best of the applicant's knowledge and belief, the submittal is
complete and demonstrates compliance with the state's drinking water
regulations. Certification with respect to water system plans, project reports,
construction documents and other submittals requiring preparational review by a
licensed professional engineer must be provided on behalf of the applicant by
the licensed professional engineer preparing or reviewing the submittal.
Failure to comply with these preliminary requirements will result in the denial
of the application for adjudicative proceeding without further
review.
(3) An affected party is
not entitled to an adjudicative proceeding with respect to a decision made
under WAC
246-293-190
unless:
(a) Except with respect to a county
legislative authority, the applicant has complied with all preliminary
requirements established under the coordinated water system plan approved by
the county legislative authority and the department or, if the critical water
supply service area's external boundaries have been approved but a coordinated
water system plan has not been approved and adopted, then with any interim
requirements imposed by the county legislative authority; and
(b) Within sixty days of the department's
receipt of the request for an adjudicative proceeding, the applicant submits
copies of the complete record of all proceedings conducted under the applicable
coordinated water system plan or interim requirements. If such proceedings were
taped or otherwise recorded, the record submitted to the department must
include a transcript of the hearing or hearings which must be prepared and
certified as correct by a registered professional court
reporter.
(4) Failure to
comply with the preliminary requirements outlined in subsection (3)(a) and (b)
of this section will result in a denial of the hearing application without
further review.
(5) Proceedings
under WAC
246-293-430.
(a) An adjudicative proceeding will not be
conducted with respect to a departmental decision made under WAC
246-293-430
unless, within sixty days of the department's receipt of the request for an
adjudicative proceeding, the applicant has, at his or her own expense,
submitted a transcript of the hearing conducted under WAC
246-293-430 from
tapes or other record of the hearing which the department shall make available
for that purpose. The transcript will be prepared and certified as correct by a
registered professional court reporter. Failure to comply with preliminary
requirements established under this section shall result in the dismissal of
the hearing application without further review.
(b) If a request for an adjudicative
proceeding has been timely filed under this section and a transcript of the
record has been timely submitted, the department shall promptly provide the
presiding officer with copies of all documents and exhibits admitted at the
hearing conducted under WAC
246-293-430.
(c) The departmental employee responsible for
the department's decision under WAC
246-293-430
shall provide a copy of his or her decision to the presiding officer and may
submit documents or evidence not made part of the record at the hearing
conducted under WAC
246-293-430.
Copies of all such documents shall be provided to all other parties involved in
the proceeding.
Statutory Authority:
RCW
18.130.050 and
43.70.040. 96-21-027, §
246-10-124, filed 10/7/96, effective 11/7/96. Statutory Authority:
RCW
43.70.040. 94-04-079, § 246-10-124,
filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-124,
filed 6/3/93, effective 7/4/93.
