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, or a determination that a license holder is ineligible for an expedited license or compact privilege from an interstate compact. For the purposes of this subsection:
(i) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another state to practice or work in the remote state under its laws and rules as outlined in Title 18 RCW for its respective profession.
(ii) "Interstate compact" means an agreement between two or more states that allows a license holder through a streamlined process to become licensed in multiple states. The license holder is under the regulations of the state where the patient/client is located at the time of the patient/client encounter.
(iii) "Remote state" means a member state other than the home state where a license holder is exercising or seeking to exercise the compact privilege.
(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;
(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); or
(i) A determination to reject or withdraw approval of an ancillary utilization plan pursuant to RCW 18.64A.040 and 18.64A.060.
(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, 34.05.413, 34.05.482, 34.05.485, 18.130.050, chapters 18.71B and 18.74 RCW. WSR 25-21-064, s 246-11-420, filed 10/13/25, effective 11/13/25. 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.]