Current through Register Vol. 24-18, September 15, 2024
A respondent may respond to an initiating document by
filing an application for an adjudicative proceeding or by waiving the
opportunity for adjudicative proceeding.
(1) If the respondent wishes to file an
application for an adjudicative proceeding:
(a) An application for adjudicative
proceeding must be filed in accordance with the following time periods:
(i) For matters under chapter 18.130 RCW, the
Uniform Disciplinary Act, within twenty days of service of the initiating
documents unless an extension has been granted as provided in subsection (3) of
this section; and
(ii) For all
other matters in which the program proposes to deny, suspend, revoke, or modify
a license, or proposes to impose a civil fine, within twenty-eight days of
receipt of the initiating documents, unless otherwise provided by statute;
and
(iii) For all other matters,
within twenty days of service of the initiating documents, unless otherwise
provided by statute.
(b)
The application for adjudicative proceeding must be made either on the Request
for Adjudicative Proceeding Form accompanying the initiating documents or by a
written document containing at least the following information:
(i) Name and address of the party requesting
an adjudicative proceeding;
(ii)
Name and address of the attorney representing the party, if any;
(iii) Identification of the portion or
portions of the initiating documents contested;
(iv) Summary of the party's position on the
portion or portions contested;
(v)
Statement of the party's standing to request an adjudicative proceeding under
WAC
246-10-107;
and
(vi) For matters not under
chapter 18.130 RCW and in which the department proposes to deny, suspend,
revoke, or modify a license, or proposes to impose a civil fine, the
application shall include a copy of the initiating document containing the
adverse notice.
(c) By
filing a request for adjudicative proceeding, the responding party agrees to
appear personally at the adjudicative proceeding or, if otherwise approved in
advance by the presiding officer, by telephone, unless appearance is waived by
the presiding officer as authorized in WAC
246-10-104(4).
(d) The application for adjudicative
proceeding shall contain a response to the initiating documents, indicating
whether each charge is admitted, denied, or not contested, and responses shall
be subject to the following conditions:
(i)
Once admitted or not contested, an allegation may not be denied; and
(ii) An allegation denied or not contested
may later be admitted.
(e) When an allegation is admitted or not
contested, it will be conclusively deemed to be true for all further
proceedings. No proof of the allegation need be submitted.
(f) The application for adjudicative
proceeding shall specify the representative, if any, designated pursuant to WAC
246-10-108 and any
request for interpreter. The responding party shall amend the name of the
representative and need for interpreter immediately if circumstances change
prior to the hearing.
(g) The
application for adjudicative proceeding must be filed at the adjudicative
clerk's office at the address specified in WAC
246-10-102.
(2) A respondent may waive an adjudicative
proceeding and submit a written statement and other documents in defense or in
mitigation of the charges. Such waiver and documents shall be filed:
(a) In accordance with the timelines in
subsection (1)(a) of this section; and
(b) As required in subsection (1)(g) of this
section.
(3) For matters
under
RCW
18.130.180, if the twenty-day limit for
filing an application for adjudicative proceeding results in a hardship to the
respondent, the respondent may request an extension of not more than sixty days
upon a showing of good cause.
(a) The request
for extension must be filed within the twenty day limit and include:
(i) The reason for the request and the number
of days for which the extension is requested; and
(ii) Documentation of the circumstances
creating the hardship.
(b) The request may be granted for a period
not to exceed sixty days upon showing of:
(i)
Illness of the respondent; or
(ii)
Absence of the respondent from the county of residence or employment;
or
(iii) Emergency in the
respondent's family; or
(iv) Other
good cause as determined by the presiding officer.
(c) If a request for extension is denied, the
respondent shall have ten days from service of the order denying the extension
or twenty days from service of the initiating documents, whichever is longer,
to file an application for adjudicative proceeding.
Statutory Authority:
RCW
18.155.040. 97-12-089, § 246-10-203,
filed 6/4/97, effective 7/5/97. Statutory Authority:
RCW
43.70.040. 94-04-079, § 246-10-203,
filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-203,
filed 6/3/93, effective 7/4/93.
