(1) A decision of the secretary of state to deny certification
under RCW 29A.04.530 must be entered in the manner specified for
orders under the Administrative Procedure Act, chapter 34.05 RCW.
Such a decision is not effective for a period of twenty days
following the date of the decision, during which time the person
denied certification may file a petition with the secretary of
state requesting the secretary to reconsider the decision and to
grant certification. The petitioner shall include in the
petition, an explanation of the reasons why the initial decision
is incorrect and certification should be granted, and may include
a request for a hearing on the matter. The secretary of state
shall reconsider the matter if the petition is filed in a proper
and timely manner. If a hearing is requested, the secretary of
state shall conduct the hearing within sixty days after the date
on which the petition is filed. The secretary of state shall
render a final decision on the matter within ninety days after
the date on which the petition is filed.
(2) Within twenty days after the date on which the secretary
of state makes a final decision denying a petition under this
section, the petitioner may appeal the denial to the board
created in RCW 29A.04.510. In deciding appeals, the board shall
restrict its review to the record established when the matter was
before the secretary of state. The board shall affirm the
decision if it finds that the record supports the decision and
that the decision is not inconsistent with other decisions of the
secretary of state in which the same standards were applied and
certification was granted. Similarly, the board shall reverse
the decision and recommend to the secretary of state that
certification be granted if the board finds that such support is
lacking or that such inconsistency exists.
(3) Judicial review of certification decisions will be as
prescribed under RCW 34.05.510 through 34.05.598, but is limited
to the review of board decisions denying certification.
[2003 c 111 § 153; 1992 c 163 § 7. Formerly RCW 29.60.050.]
NOTES:
Effective date -- 1992 c 163 §§ 5-13: See note following RCW 29A.04.530.