PDFWAC 390-12-250
Declaratory order—Petition requisites—Consideration—Disposition.
(1) Any person may submit a petition for a declaratory order pursuant to RCW 34.05.240 in any form so long as it:
(a) Clearly states the question the declaratory order is to answer; and
(b) Provides a statement of the facts which raise the question.
(2) The executive director may conduct an independent investigation in order to fully develop the relevant facts.
(3) The executive director will present the petition to the commission at the first meeting when it is practical to do so and will provide the petitioner with at least five business days notice of the time and place of such meeting. Such notice may be waived by the petitioner.
(4) The petitioner may present additional material and/or argument at any time prior to the issuance of the declaratory order.
(5) The commission may issue either a binding or a nonbinding order or decline to issue any order.
(6) The commission may decide that a public hearing would assist its deliberations and decisions. If such a hearing is ordered, it will be placed on the agenda of a meeting and at least five business days notice of such meeting shall be provided to the petitioner.
(7) If an order is to be issued, the petitioner shall be provided a copy of the proposed order and invited to comment.
(8) The declaratory order cannot be a substitute for a compliance action and is intended to be prospective in effect.
(9) The commission will decline to consider a petition for a declaratory order or to issue an order when (a) the petition requests advice regarding a factual situation which has actually taken place, or (b) when a pending investigation or compliance action involves a similar factual situation.
[Statutory Authority: RCW 42.17A.110(1) and 2018 c 304. WSR 18-24-074, § 390-12-250, filed 11/30/18, effective 12/31/18. Statutory Authority: RCW 42.17A.110. WSR 17-03-028, § 390-12-250, filed 1/6/17, effective 2/6/17. Statutory Authority: RCW 42.17.370. WSR 90-16-083, § 390-12-250, filed 7/31/90, effective 8/31/90. Statutory Authority: RCW 42.17.370(1). WSR 85-15-020 (Order 85-03), § 390-12-250, filed 7/9/85; WSR 81-18-043 (Order 81-03), § 390-12-250, filed 8/28/81.]