WAC 98-08-015   Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings.  (1) At least five days before the scheduled brief adjudicative proceeding, any party, including the board, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the board.

     (2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:

     (a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;

     (b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;

     (c) Whether a brief adjudicative proceeding will establish an adequate record for further agency or judicial review;

     (d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency;

     (e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and

     (f) Any other factors that the presiding officer deems relevant in reaching a determination.



[Statutory Authority: RCW 68.05.105 and chapter 34.05 RCW. 05-23-149, § 98-08-015, filed 11/22/05, effective 12/23/05.]