Current through Register Vol. 24-06, March 15, 2024
(1)
Introduction. The department of revenue (department) conducts adjudicative
proceedings pursuant to chapter 34.05 RCW, the Administrative Procedure Act
(APA). The department adopts in this rule, the procedures as provided in
RCW
34.05.482 through
34.05.494 for the administration
of brief adjudicative proceedings to review the department's actions described
in subsection (2) of this rule.
This rule explains the procedure pertaining to the adopted
brief adjudicative proceedings.
(2) Department's action. The following
actions taken by the department are subject to the brief adjudicative
proceeding process described in this rule:
(a)
Assessment of the one-time business license application fee or annual renewal
application fee in
RCW
59.30.050(3)(a);
(b) Assessment of the annual registration
assessment fee in
RCW
59.30.050(3)(b);
and
(c) Assessment of the
delinquency fee in
RCW
59.30.050(4).
The assessment of more than one type of fee against a
manufactured/mobile home community owner or landlord in
RCW
59.30.050 does not result in the creation of
more than one adjudicative proceeding if those fees are issued in the same
document, on the same date.
As explained in
RCW
59.30.020(4), the terms
"landlord" and "community owner" both refer to the owner of the mobile home
park or manufactured home community or their agents. For purposes of this rule,
the department refers to such persons as "community owners."
(3) Conduct of brief adjudicative
proceedings. To initiate an appeal of the department's action, the community
owner has 21 calendar days from the date on the department's action to request
a review of that action. The community owner must file a written notice of
appeal explaining why the community owner disagrees with the action.
A notice of appeal form is available at dor.wa.gov or by
calling 360-705-6705. The completed form should be mailed or faxed to the
department at:
Washington State Department of Revenue
Special Programs
Review of Annual Registration for Manufactured/Mobile Home
Communities
P.O. Box 47472
Olympia, WA 98504-7472
Fax: 360-534-1320
(a) A
presiding officer, who will be a person designated by the director of the
department (director) or the assistant director of special programs division,
will conduct brief adjudicative proceedings. The presiding officer for brief
adjudicative proceedings will have agency expertise in the subject matter but
will not otherwise have participated in the specific matter. The presiding
officer's review is limited to the written record.
(b) As part of the notice of appeal, the
community owner or the community owner's representative may include written
documentation explaining the community owner's view of the matter. The
presiding officer may also request additional documentation from the community
owner or the department and will designate the date by which the documents must
be submitted.
(c) In addition to
the record, the presiding officer for brief adjudicative proceedings may employ
agency expertise as a basis for decision.
(d) Within 21 calendar days of receipt of the
community owner's notice of appeal, the presiding officer will enter an initial
order including a brief explanation of the decision under
RCW
34.05.485. All orders in these brief
adjudicative proceedings will be in writing. The initial order will become the
department's final order unless a petition for review is made to the
department's administrative review and hearings division under subsection (4)
of this rule. If the presiding officer's order invalidates the department
action, the department may in its discretion initiate another action that
corrects the defects in the prior action.
(4) Review of initial order from brief
adjudicative proceeding. A community owner that has received an initial order
upholding a department action under subsection (3) of this rule may request a
review by the department by filing a written petition for review or by making
an oral request for review with the department's administrative review and
hearings division within 21 calendar days after the service of the initial
order on the community owner as described in subsection (8) of this rule.
A form petition of review is available at dor.wa.gov. A request
for review should state the reasons for the review.
The address, telephone number, and fax number of the
administrative review and hearings division are:
Administrative Review and Hearings Division
Manufactured/Mobile Home Community Appeals
Washington State Department of Revenue
P.O. Box 47460
Olympia, WA 98504-7460
Telephone Number: 360-534-1335
Fax: 360-534-1340
(a)
A reviewing officer, who will be either the assistant director of the
administrative review and hearings division or such other person as designated
by the director, will conduct a brief adjudicative proceeding and determine
whether the initial order was correctly decided. The reviewing officer's review
is limited to the written record.
(b) The agency record need not constitute the
exclusive basis for the reviewing officer's decision. The reviewing officer
will have the authority of a presiding officer.
(c) The order of the reviewing officer will
be in writing and include a brief statement of the reasons for the decision,
and it must be entered within 30 calendar days of the petition for review. The
order will include a notice that judicial review may be available. The order of
the reviewing officer represents a final order of the department. If a final
order invalidates the department's action, the department may in its discretion
initiate another action that corrects the defects in the prior
action.
(5) Record in
brief adjudicative proceedings. The record with respect to the brief
adjudicative proceedings under
RCW
34.05.482 through
34.05.494 will consist of:
(a) The record before the presiding officer:
The record before the presiding officer consists of the notice of the
department action; the community owner's appeal of the department action; all
records relied upon by the department or submitted by the community owner
related to the department's action; and all correspondence between the
community owner and the department regarding the department's action.
(b) The record before the reviewing officer:
The record before the reviewing officer consists of all documents included in
the record before the presiding officer; the community owner's petition for
review; and all correspondence between the community owner and the department
regarding the community owner's petition for review.
(6) Court appeal. Court appeal from the final
order of the department is available pursuant to Part V, chapter 34.05 RCW.
However, court appeal may be available only if a review of the initial decision
has been requested under subsection (4) of this rule and all other
administrative remedies have been exhausted. See
RCW
34.05.534.
(7) Computation of time. In computing any
period of time prescribed by this rule or by the presiding officer or reviewing
officer, the day of the act or event after which the designated period is to
run is not to be included. The last day of the period is to be included, unless
it is a Saturday, Sunday, or a legal holiday, in which event the period runs
until the next day which is not a Saturday, Sunday, or legal holiday.
(8) Service. All notices and other pleadings
or papers filed with the presiding or reviewing officer must be served on the
community owner, their representatives/agents of record, and the department.
(a) Service is made by one of the following
methods:
(i) In person;
(ii) By first-class, registered or certified
mail;
(iii) By fax and same-day
mailing of copies;
(iv) By
commercial parcel delivery company; or
(v) By electronic delivery pursuant to
RCW
82.32.135.
(b) Service by mail is regarded as completed
upon deposit in the United States mail properly stamped and
addressed.
(c) Service by
electronic fax is regarded as completed upon the production by the fax machine
of confirmation of transmission.
(d) Service by commercial parcel delivery is
regarded as completed upon delivery to the parcel delivery company, properly
addressed with charges prepaid.
(e)
Service by electronic delivery is regarded as completed on the date that the
department electronically sends the information to the parties or
electronically notifies the parties that the information is available to be
accessed by them.
(f) Service to a
community owner, their representative/agent of record, the department, and
presiding officer must be to the address shown on the form notice of appeal
described in subsection (3) of this rule.
(g) Service to the reviewing officer must be
to the administrative review and hearings division at the address shown in
subsection (4) of this rule.
(h)
Where proof of service is required, the proofs of service must include:
(i) An acknowledgment of service;
(ii) A certificate, signed by the person who
served the document(s), stating the date of service; that the person did serve
the document(s) upon all or one or more of the parties of record in the
proceeding by delivering a copy in person to (names); and that the service was
accomplished by a method of service as provided in this subsection.
(9)
Continuance. The presiding officer or reviewing officer may grant, in their
sole discretion, a request for a continuance by motion of the community owner,
the department, or on its own motion.
(10) Conversion of a brief adjudicative
proceeding to a formal proceeding. The presiding officer or reviewing officer,
in their sole discretion, may convert a brief adjudicative proceeding to a
formal proceeding at any time on motion of the community owner, the department,
or the presiding/reviewing officer's own motion.
(a) The presiding/reviewing officer will
convert the proceeding when it is found that the use of the brief adjudicative
proceeding violates any provision of law, when the protection of the public
interest requires the agency to give notice to and an opportunity to
participate to persons other than the parties, and when the issues and
interests involved warrant the use of the procedures of
RCW
34.05.413 through
34.05.479.
(b) When a proceeding is converted from a
brief adjudication to a formal proceeding, the director may become the
presiding officer or may designate a replacement presiding officer to conduct
the formal proceedings upon notice to the community owner and the
department.
(c) In the conduct of
the formal proceedings, WAC
458-20-10002 will apply to the
proceedings.
