Chapter 34.05 RCW

ADMINISTRATIVE PROCEDURE ACT

Sections
Legislative intent.
PART I
GENERAL PROVISIONS
Definitions.
SavingsAuthority of agencies to comply with chapterEffect of subsequent legislation.
Exclusions from chapter or parts of chapter.
Operation of chapter if in conflict with federal law.
Waiver.
Informal settlements.
Conversion of proceedings.
Variation from time limits.
Forest practices boardEmergency rules.
Respectful language.
Violations of state law or agency rule by small businessesNotice requirementsWaiver of penalty for first-time paperwork violations.
Extension of rights and responsibilitiesState registered domestic partnerships.
PART II
PUBLIC ACCESS TO AGENCY RULES
Code and registerPublication and distributionOmissions, removals, revisionsJudicial notice.
Rules for agency procedureIndexes of opinions and statements.
Interpretive and policy statements.
Declaratory order by agencyPetition.
Model rules of procedure.
Electronic distribution.
Agency web sites for rule-making information.
Department of fish and wildlifeSignificant agency actionIdentification and categorization of sources of information used.
Department of ecologySignificant agency actionIdentification and categorization of sources of information used.
PART III
RULE-MAKING PROCEDURES
Prenotice inquiryNegotiated and pilot rules.
Rules coordinator.
Feasibility studiesPilot projects.
Rules development agenda.
Rule-making docket.
Notice of proposed ruleContentsDistribution by agencyInstitutions of higher education.
Scope of rule-making authority.
Public participationConcise explanatory statement.
Significant legislative rules, other selected rules.
Petition for adoption, amendment, repealAgency actionAppeal.
Withdrawal of proposalTime and manner of adoption.
Variance between proposed and final rule.
Failure to give twenty days notice of intended actionEffect.
Emergency rules and amendments.
Expedited rule making.
Order adopting rule, contents.
Postadoption notice.
Incorporation by reference.
Rule-making file.
Substantial compliance with procedures.
Filing with code reviserWritten recordEffective dates.
Rules for rule making.
Style, format, and numberingAgency compliance.
Format and style of amendatory and new sectionsFailure to comply.
PART IV
ADJUDICATIVE PROCEEDINGS
Application of Part IV.
CommencementWhen required.
Decision not to conduct an adjudication.
Agency action on applications for adjudication.
Rate changes, licenses.
Presiding officersDisqualification, substitution.
Representation.
ConferenceProcedure and participation.
Notice of hearing.
Pleadings, briefs, motions, service.
Default.
Intervention.
Subpoenas, discovery, and protective orders.
Procedure at hearing.
Rules of evidenceCross-examination.
Ex parte communications.
Separation of functions.
Entry of orders.
Review of initial orders.
Stay.
Reconsideration.
Effectiveness of orders.
Agency record.
Emergency adjudicative proceedings.
Secure community transition facilityProceeding concerning public safety measures.
Brief adjudicative proceedingsApplicability.
Brief adjudicative proceedingsProcedure.
Brief proceedingsAdministrative reviewApplicability.
Brief proceedingsAdministrative reviewProcedures.
Agency record in brief proceedings.
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
Relationship between this chapter and other judicial review authority.
Petition for reviewWhere filed.
Direct review by court of appeals.
Refusal of review by court of appeals.
Appellate review by supreme court or court of appeals.
Standing.
Exhaustion of administrative remedies.
Time for filing petition for review.
Petition for reviewContents.
Stay and other temporary remedies.
Limitation on new issues.
Judicial review of facts confined to record.
New evidence taken by court or agency.
Agency record for reviewCosts.
Judicial review.
Type of relief.
Petition by agency for enforcement.
Petition by others for enforcement.
Defenses, limitations on.
Enforcement of agency subpoena.
Incorporation of other judicial review provisions.
Review by higher court.
Frivolous petitions.
PART VI
LEGISLATIVE REVIEW
Joint administrative rules review committeeMembersAppointmentTermsVacancies.
Review of proposed rulesNotice.
Review of existing rulesPolicy and interpretive statements, etc.NoticeHearing.
Committee objections to agency intended actionStatement in register and WACSuspension of rule.
Recommendations by committee to legislature.
Petition for review.
Review and objection proceduresNo presumption established.
Submission of rule for reviewState employees protected.
ReportsAdvisory boardsStaff.
Inspection of propertiesOaths, subpoenas, witnesses, depositions.
EnforcementCommittee subpoenaRefusal to testify.
PART IX
TECHNICAL PROVISIONS
Captions and headings.
Severability1988 c 288.
Effective dateApplication1988 c 288.
Severability1998 c 280.
NOTES:
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
Not applicable to the following proceedings and agreements: RCW 2.64.092, 41.56.452, 41.76.070, 47.64.310, 70.24.370, and 74.36.120.