The action, order, or decision of
the board as to any denial of an application for the reissuance
of a permit or license or as to any revocation, suspension, or
modification of any permit or license shall be an adjudicative
proceeding and subject to the applicable provisions of chapter 34.05 RCW.
(1) An opportunity for a hearing may be provided an
applicant for the reissuance of a permit or license prior to the
disposition of the application, and if no such opportunity for a
prior hearing is provided then an opportunity for a hearing to
reconsider the application must be provided the applicant.
(2) An opportunity for a hearing must be provided a
permittee or licensee prior to a revocation or modification of
any permit or license and, except as provided in subsection (4)
of this section, prior to the suspension of any permit or
license.
(3) No hearing shall be required until demanded by the
applicant, permittee, or licensee.
(4) The board may summarily suspend a license or permit for
a period of up to one hundred eighty days without a prior hearing
if it finds that public health, safety, or welfare imperatively
require emergency action, and it incorporates a finding to that
effect in its order. Proceedings for revocation or other action
must be promptly instituted and determined. An administrative
law judge may extend the summary suspension period for up to one
calendar year in the event the proceedings for revocation or
other action cannot be completed during the initial one hundred
eighty day period due to actions by the licensee or permittee.
The board's enforcement division shall complete a preliminary
staff investigation of the violation before requesting an
emergency suspension by the board.
[2007 c 370 § 3; 2003 c 320 § 1; 1989 c 175 § 122; 1967 c 237 § 23; 1933 ex.s. c 62 § 62; RRS § 7306-62.]
NOTES:
Effective date -- 1989 c 175: See note following RCW 34.05.010.