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PDFWAC 246-10-501

Application of brief adjudicative proceedings.

(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:
(a) A determination whether an applicant for a professional, business, or facility license meets the minimum criteria for an unrestricted license and the department proposes to deny such a license or to issue a restricted license;
(b) An application to approve a water system plan under WAC 246-290-100;
(c) An application to approve a project report under WAC 246-290-110;
(d) An application for source approval under WAC 246-290-130;
(e) An application to approve construction documents under WAC 246-290-120;
(f) An application to approve an existing Group A water system under WAC 246-290-140;
(g) An application for source approval under WAC 246-291-125;
(h) An application to approve a design report under WAC 246-291-120;
(i) An application to approve an existing Group B water system under WAC 246-291-280;
(j) An application to approve a water system plan under WAC 246-291-140;
(k) A decision under WAC 246-293-190;
(l) A decision with respect to service area conflicts under WAC 246-293-430;
(m) An application for approval as a satellite management agency under WAC 246-295-040;
(n) A civil penalty imposed under RCW 70A.125.040 when the amount of the civil penalty does not exceed two thousand five hundred dollars;
(o) A request to bank nursing home beds under RCW 70.38.111(9);
(p) A determination as to whether a person is in compliance with the terms and conditions of a final order previously issued by the department, except final orders under RCW 18.130.110;
(q) Any approval of a school or curriculum when such approval by the department is required or authorized by statute or rule;
(r) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for license renewal;
(s) A decision to deny, modify, or impose conditions upon an operating permit under WAC 246-294-050;
(t) A decision to deny or revoke certification as a home care aide when a long-term care worker is disqualified from working with vulnerable persons under chapter 74.39A RCW;
(u) A civil penalty imposed against a health carrier or third-party administrator under RCW 70.290.060;
(v) A decision to deny or revoke a credential under RCW 18.108.085(3);
(w) An action to suspend a credential under RCW 18.130.127;
(x) Issuance of written citation and assessment of a fine under RCW 18.130.230;
(y) An action to invalidate a credential that was issued to a person who failed to meet credentialing requirements;
(z) A decision to withdraw a credential issued in error. For the purposes of this rule, "credential issued in error" means a credential issued to an individual who did not fully complete the application process or meet the credentialing requirements yet was inadvertently granted a credential;
(aa) A decision to deny a request for a list of applicants for professional licenses or of professional licensees for commercial purposes under RCW 42.56.070(8);
(bb) A decision to deny or revoke registration of a report or application for an amendment, or withhold or deny issuance of a certification under RCW 70.58A.040 (1)(f);
(cc) A decision to deny a request for data under RCW 70.58A.520; or
(dd) A decision to deny an application for approval of a coordinated quality improvement program, or to revoke approval of a coordinated quality improvement program under RCW 43.70.510.
(2) If an adjudicative proceeding is requested, in a matter not listed in subsection (1) of this section, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that protection of the public interest does not require that the department provide notice and an opportunity to participate to persons other than the parties and:
(a) Only legal issues exist; or
(b) Both parties have agreed to a brief adjudicative proceeding.
[Statutory Authority: RCW 43.70.040, 34.05.413, 34.05.410, 18.130.050, and 2019 c 148, 2020 c 20. WSR 20-24-047, § 246-10-501, filed 11/23/20, effective 1/1/21. Statutory Authority: RCW 43.70.040, 34.05.220, 34.05.410, 18.130.050, and 34.05.413 through 34.05.476. WSR 18-18-049, § 246-10-501, filed 8/29/18, effective 9/29/18. Statutory Authority: RCW 70.290.060 and chapter 70.290 RCW. WSR 14-13-101, § 246-10-501, filed 6/17/14, effective 7/18/14. Statutory Authority: Chapters 18.88B and 18.130 RCW, 2012 c 164, and 2013 c 259. WSR 13-19-087, § 246-10-501, filed 9/18/13, effective 10/19/13. Statutory Authority: RCW 18.130.050 and 43.70.040. WSR 96-21-027, § 246-10-501, filed 10/7/96, effective 11/7/96. Statutory Authority: RCW 43.70.040. WSR 94-04-079, § 246-10-501, filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-501, filed 6/3/93, effective 7/4/93.]
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