Current through Register Vol. 24-18, September 15, 2024
(1) The adjudicative proceeding must be
conducted as provided in
RCW
34.05.449 through
34.05.455.
(2) The presiding officer may take the
following actions to the extent not already determined in a prehearing order:
(a) Conduct the hearing de novo;
(b) Determine the order of presentation of
evidence;
(c) Administer oaths and
affirmations;
(d) Issue
subpoenas;
(e) Rule on procedural
matters, objections, motions, and offers of proof;
(f) Receive relevant evidence;
(g) Interrogate witnesses called by the
parties in an impartial manner to develop any facts necessary to fairly and
adequately decide the matter;
(h)
Call additional witnesses and request additional exhibits deemed necessary to
complete the record and receive such evidence subject to full opportunity for
cross-examination and rebuttal by all parties;
(i) Take any appropriate action necessary to
maintain order during the adjudicative proceeding;
(j) Determine whether to permit or require
oral argument or briefs and determine the time limits for submission
thereof;
(k) Permit photographic
and recording equipment at hearing subject to conditions necessary to preserve
confidentiality and prevent disruption;
(l) Permit a person to waive any right
conferred upon that person by chapter 34.05 RCW or this chapter, except as
precluded by law; and
(m) Take any
other action necessary and authorized by applicable law or rule.
(3) The presiding officer shall:
(a) Apply as the first source of law
governing an issue those statutes and rules deemed applicable to the
issue;
(b) If there is no statute
or rule governing the issue, resolve the issue on the basis of the best legal
authority and reasoning available, including that found in federal and
Washington Constitutions, statutes, rules, and court decisions; and
(c) Not declare any statute or rule
invalid.
(4) If the
validity of any statute or rule is raised as an issue, the presiding officer
may permit arguments to be made on the record concerning the issue for the
purpose of subsequent review.
(5)
Members of the board hearing the matter may ask questions of any witness and
may call additional witnesses.
(6)
A party may move to disqualify the presiding officer or any member of the board
pursuant to
RCW
34.05.425(3).
Statutory Authority:
RCW
18.130.050(1) and
18.130.060(3).
94-04-078, § 246-11-480, filed 1/31/94, effective 3/3/94. Statutory
Authority:
RCW
18.130.050(1). 93-08-003
(Order 347), § 246-11-480, filed 3/24/93, effective
4/24/93.
