Washington Administrative Code
Title 246 - Health, Department of
AGENCY DESCRIPTION
Chapter 246-11 - Model procedural rules for boards
Section SECTION II - INITIATING ACTIONS
Section 246-11-290 - Scheduling orders
Universal Citation: WA Admin Code 246-11-290
Current through Register Vol. 24-18, September 15, 2024
(1) Within thirty days after receipt of the application for adjudicative proceeding, the board or designee shall:
(a) Approve the
application for full adjudicative procedure and issue and serve on the parties
a scheduling order or initial conference order establishing timelines for
discovery, settlement, and scheduled hearings; or
(b) Approve the application for a brief
adjudicative procedure and issue and serve a notice of the date by which any
additional written materials are to be submitted for consideration;
or
(c) Deny the application
according to
RCW
34.05.416. (2) If a scheduling order is
issued:
(a) The scheduling order must
specify:
(i) The date, time, and place of a
prehearing conference and the hearing;
(ii) The deadlines for completion of
discovery and submission of prehearing motions; and
(iii) The name, address, and telephone number
of the assistant attorney general or other department representative who will
represent the department in the matter.
(b) The scheduling order may be modified by
order of the presiding officer upon his or her own initiative or upon motion of
a party. Any request for change to the initial scheduling order must be made by
motion as provided in WAC
246-11-380.
(c) The presiding officer may waive
establishing dates for the completion of discovery, submission of prehearing
motions, and the prehearing conference, if, in the discretion of the presiding
officer, those proceedings are not necessary or appropriate in a particular
matter or type of case. However, either party may request by motion to the
presiding officer that any or all of the dates be set.
(d) Dates contained in the scheduling order
may be changed by the adjudicative clerk's office upon written request of
either party made within fifteen days of issuance of the first scheduling
order. All other changes must be made by motion pursuant to WAC
246-11-380.
Statutory Authority: RCW 18.155.040. 97-13-015, § 246-11-290, filed 6/6/97, effective 7/7/97. Statutory Authority: RCW 18.130.050(1) and 18.130.060(3). 94-04-078, § 246-11-290, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 18.130.050(1) and 34.05.419. 93-08-003 (Order 347), § 246-11-290, filed 3/24/93, effective 4/24/93.
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