212-17-480  <<  212-17-485 >>   212-17-490

Formal hearing.

(1) A person may request a formal hearing at any time before or after an informal conference, as long as the twenty-eight day period for requesting a hearing has not lapsed.
(2) The office of the state fire marshal will arrange for a hearings officer to conduct the formal hearing through the office of administrative hearings.
(3) The office of administrative hearings will set a date, time, and location for the formal hearing.
(4) The office of administrative hearings will notify, by letter, the person requesting the hearing (or their designated representative) of the date, time, location and the hearings officer conducting the formal hearing.
(5) The hearings officer will hear the case and render a proposed opinion and order including recommended findings of fact and conclusions of law, according to chapter 34.05 RCW.
(6) The formal hearing will be conducted as follows:
(a) The hearings officer will act as an impartial third party.
(b) It is not necessary for the person that requested the hearing to be represented by legal council.
(c) Testimony will be taken under oath.
(d) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible.
(e) Hearsay evidence is admissible if it meets statutory standards for being reliable and trustworthy.
(7) The proposed opinion and order will be reviewed by the state fire marshal and, if accepted, finalized and issued as a final order.
[Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-485, filed 11/3/15, effective 1/1/16. Statutory Authority: Chapters 43.43 and 70.77 RCW. WSR 05-12-033, § 212-17-485, filed 5/24/05, effective 6/24/05.]
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