480-07-610  <<  480-07-620 >>   480-07-630

WAC 480-07-620

Emergency adjudicative proceedings.

(1) When permitted. The commission may conduct an emergency adjudicative proceeding pursuant to RCW 34.05.479 in any situation involving an immediate danger to the public health, safety, or welfare requiring immediate commission action within the commission's jurisdiction.
(2) Complaint. If time permits, the commission or a complainant must prepare a complaint and serve it on the respondent using a method that best provides actual notice of the adjudication.
(3) Who presides. The commissioners will sit as presiding officers, hear the matter, and enter an order if a majority of the commissioners are available. Any available commissioner will sit as presiding officer, hear the matter, and enter an initial order if a majority of the commissioners is not available. The director of the commission's administrative law division will assign an administrative law judge either to sit as a presiding officer with the commissioner(s), or if no commissioner is available, to preside alone, hear the matter, and enter an initial order.
(4) Record and decision. The official record will include any written submissions of the parties, any testimony or oral comments by the parties the presiding officer allows, and any other documents regarding the matter that the commission considers. The commission's record need not constitute the exclusive basis for action unless otherwise required by law.
(5) Emergency order. The commission will take only such action as is necessary to prevent or avoid the immediate danger to the public health, safety, or welfare that justifies use of emergency adjudication. The presiding officer will enter an emergency order as soon as practicable under the circumstances. The order will include a brief statement of findings of fact, conclusions of law, and justification for the determination of an immediate danger to the public health, safety, or welfare. The order is effective when entered.
(6) Post-order process. After entering an emergency order under this section, the commission will proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger to the public health, safety, or welfare, and will enter a final order.
(7) Review or reconsideration of emergency order. Any party to an emergency adjudicative proceeding may seek immediate review by the full commission in the case of any order entered by a single commissioner or by an administrative law judge. In the case of any order entered by a majority of the commissioners, any party may seek reconsideration. If a party requests review or reconsideration, the commission will establish appropriate process to complete its review or reconsideration within ten business days of the date of any petition for review or reconsideration. A party seeking review or reconsideration is not automatically entitled to a stay of the emergency order.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 18-18-041 (Docket A-130355, General Order R-592), § 480-07-620, filed 8/29/18, effective 9/29/18; WSR 06-16-053 (Docket A-050802, General Order R-536), § 480-07-620, filed 7/27/06, effective 8/27/06; WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-620, filed 11/24/03, effective 1/1/04.]
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