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, within twenty days of service of the initiating documents,
unless otherwise provided by statute.
(b) The application for adjudicative
proceeding must be made on the Request for Adjudicative Proceeding form
accompanying the initiating documents or by a written document including
substantially the same information.
(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
246-11-030(4).
(d) The application for adjudicative
proceeding must contain a response to the initiating documents, indicating
whether each charge is admitted, denied or not contested, and responses will 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 must specify the representative, if any, designated pursuant to WAC
246-11-070 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.
(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. 97-13-015, § 246-11-270,
filed 6/6/97, effective 7/7/97. Statutory Authority:
RCW
18.130.050(1) and
18.130.060(3).
94-04-078, § 246-11-270, filed 1/31/94, effective 3/3/94. Statutory
Authority:
RCW
18.130.050(1) and
34.05.220. 93-08-003 (Order 347),
§ 246-11-270, filed 3/24/93, effective
4/24/93.
