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PDFWAC 246-11-420

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 license meets the minimum criteria for an unrestricted license and the board proposes to deny such a license or to issue a restricted license;
(b) A determination whether a person is in compliance with the terms and conditions of a final order previously issued by the board, except final orders under RCW 18.130.110;
(c) Any approval of a school or curriculum when such approval by the board is required by statute or rule;
(d) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal;
(e) An action to suspend a credential under RCW 18.130.125 and 18.130.127;
(f) Issuance of written citation and assessment of a fine under RCW 18.130.230;
(g) 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; or
(h) A decision to deny a request for a list of applicants for professional licenses or for professional licensees for commercial purposes under RCW 42.56.070(8).
(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:
(a) Only legal issues exist; or
(b) Both parties have agreed to a brief adjudicative proceeding; and
(c) The protection of the public interest does not require that the board provide notice and an opportunity to participate to persons other than the parties.
[Statutory Authority: RCW 43.70.040, 34.05.220, 34.05.410, 18.130.050, and 34.05.413 through 34.05.476. WSR 18-18-050, § 246-11-420, filed 8/29/18, effective 9/29/18. Statutory Authority: RCW 18.130.050(1) and 18.130.060(3). WSR 94-04-078, § 246-11-420, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 18.130.050(1) and 34.05.482. WSR 93-08-003 (Order 347), § 246-11-420, filed 3/24/93, effective 4/24/93.]
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