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PDFWAC 460-16A-020

Interpretive opinions and no-action letters.

The administrator, in his or her discretion, may honor requests from interested persons for no-action letters and interpretive opinions. The following procedures must be followed in requesting a no-action or interpretive opinion from the division:
(1) The request must be submitted to the administrator in writing. The letter should be captioned with the name of the party who will be relying upon the administrator's response and should indicate that a no-action or interpretive opinion is sought. The filing fee required by RCW 21.20.340 must accompany the request.
(2) The requesting letter should cite the particular statutes or rules for which interpretation or no-action is sought.
(3) The names of all involved companies and parties should be disclosed. The division cannot issue interpretive or no-action letters relating to unnamed companies or individuals or hypothetical situations, nor on matters of pending, or in preparation for, litigation.
(4) The request should be tailored to resolving the immediate issues and should not attempt to discuss every possible situation that may arise in the future.
(5) The letter should be concise and contain all material facts necessary to resolve the issues at hand. Relevant supporting documents may be included, but are not a substitute for subsection (6) of this section.
(6) It is important that the letter identify the issues at hand, the proposed resolution, and the precedents or other legal authority supporting that position.
(7) The administrator will not issue no-action or interpretive opinions regarding the availability of exemptions pursuant to RCW 21.20.320(1).
Letters that are not prepared in accordance with the above-listed procedures may be returned to the sender for compliance.
[Statutory Authority: RCW 21.20.450. WSR 98-17-013, § 460-16A-020, filed 8/10/98, effective 9/10/98; Order 304, § 460-16A-020, filed 2/28/75, effective 4/1/75. Formerly chapter 460-16 WAC.]
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