Current through Register Vol. 24-18, September 15, 2024
(1) If an adjudicative proceeding is
requested, a brief adjudicative proceeding will be conducted where the matter
involves one or more of the following:
(a) A
determination whether an applicant for a professional, business, or facility
license meets the minimum criteria for an unrestricted license and the
department proposes to deny such a license or to issue a restricted
license;
(b) An application to
approve a water system plan under WAC
246-290-100;
(c) An application to approve a project
report under WAC
246-290-110;
(d) An application for source approval under
WAC
246-290-130;
(e) An application to approve construction
documents under WAC
246-290-120;
(f) An application to approve an existing
Group A water system under WAC
246-290-140;
(g) An application for source approval under
WAC
246-291-125;
(h) An application to approve a design report
under WAC
246-291-120;
(i) An application to approve an existing
Group B water system under WAC
246-291-280;
(j) An application to approve a water system
plan under WAC
246-291-140;
(k) A decision under WAC
246-293-190;
(l) A decision with respect to service area
conflicts under WAC
246-293-430;
(m) An application for approval as a
satellite management agency under WAC
246-295-040;
(n) A civil penalty imposed under RCW
70A.125.040 when the amount of the civil penalty does not exceed two thousand
five hundred dollars;
(o) A request
to bank nursing home beds under
RCW
70.38.111(9);
(p) A determination as to whether a person is
in compliance with the terms and conditions of a final order previously issued
by the department, except final orders under
RCW
18.130.110;
(q) Any approval of a school or curriculum
when such approval by the department is required or authorized by statute or
rule;
(r) A determination whether a
license holder requesting renewal has submitted all required information and
meets minimum criteria for license renewal;
(s) A decision to deny, modify, or impose
conditions upon an operating permit under WAC
246-294-050;
(t) A decision to deny or revoke
certification as a home care aide when a long-term care worker is disqualified
from working with vulnerable persons under chapter 74.39A RCW;
(u) A civil penalty imposed against a health
carrier or third-party administrator under
RCW
70.290.060;
(v) A decision to deny or revoke a credential
under
RCW
18.108.085(3);
(w) An action to suspend a credential under
RCW
18.130.127;
(x) Issuance of written citation and
assessment of a fine under
RCW
18.130.230;
(y) An action to invalidate a credential that
was issued to a person who failed to meet credentialing requirements;
(z) A decision to withdraw a credential
issued in error. For the purposes of this rule, "credential issued in error"
means a credential issued to an individual who did not fully complete the
application process or meet the credentialing requirements yet was
inadvertently granted a credential;
(aa) A decision to deny a request for a list
of applicants for professional licenses or of professional licensees for
commercial purposes under
RCW
42.56.070(8);
(bb) A decision to deny or revoke
registration of a report or application for an amendment, or withhold or deny
issuance of a certification under
RCW
70.58A.040(1)(f);
(cc) A decision to deny a request for data
under
RCW
70.58A.520; or
(dd) A decision to deny an application for
approval of a coordinated quality improvement program, or to revoke approval of
a coordinated quality improvement program under
RCW
43.70.510.
(2) If an adjudicative proceeding is
requested, in a matter not listed in subsection (1) of this section, a brief
adjudicative proceeding may be conducted in the discretion of the presiding
officer when it appears that protection of the public interest does not require
that the department provide notice and an opportunity to participate to persons
other than the parties and:
(a) Only legal
issues exist; or
(b) Both parties
have agreed to a brief adjudicative proceeding.
Statutory Authority:
Chapters 18.88B and
18.130 RCW,
2012 c
164, and 2013 c 259. WSR 13-19-087, §
246-10-501, filed 9/18/13, effective 10/19/13. Statutory Authority:
RCW
18.130.050 and
43.70.040. WSR 96-21-027, §
246-10-501, filed 10/7/96, effective 11/7/96. Statutory Authority:
RCW
43.70.040. WSR 94-04-079, § 246-10-501,
filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-501,
filed 6/3/93, effective 7/4/93. WSR 13-18-003, § 246-10-501, filed
8/21/2013, effective 9/21/2013
