WAC 196-09-060   Procedures for brief adjudicative proceedings.  A brief adjudicative proceeding shall be held under the supervision of a presiding officer as designated by the board chair. The presiding officer shall have knowledge and experience in the administrative processes of the board and the requirements of the provisions for a brief adjudicative proceeding as provided for in chapter 34.05 RCW and WAC 196-09-050 through 196-09-060, but shall not have participated in the determination or action under review. Except as may be otherwise required by the presiding officer, the following procedures shall apply:

     (1) The petitioner shall present petitioner's position in writing in accordance with the process and schedule established by the presiding officer.

     (2) The presiding officer may accept oral testimony and/or argument.

     (3) No witnesses may appear to testify.

     (4) In addition to the written record, the presiding officer may employ agency expertise as a basis for the decision.

     (5) The presiding officer will not issue an oral order at the time of the brief adjudicative proceeding. Within ten days of the final date established by the presiding officer for receipt of additional materials and/or oral arguments, if any, the presiding officer will enter a written initial order.



[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, § 196-09-060, filed 1/21/04, effective 2/21/04.]