WAC 246-11-010
Definitions. As used in these rules of
practice and procedure, the following terms shall have the
meaning set forth in this section unless the context clearly
indicates otherwise. Other terms shall have their ordinary
meaning unless defined elsewhere in this chapter.
"Adjudicative clerk office" shall mean the unit with
responsibility for: Docketing; service of orders; and
maintaining custody of the adjudicative proceeding record,
whose address is:
Department of Health
Adjudicative Clerk Office
310 Israel Rd. S.E.
P.O. Box 47879
Olympia, WA 98504-7879
"Adjudicative proceeding" or "hearing" shall mean a
proceeding required by statute or constitutional right and
conducted under the rules of this chapter, which provides an
opportunity to be heard by the board prior to the entry of a
final order under this chapter.
"Board" shall mean a disciplining authority under RCW 18.130.040 (2)(b) and (3).
"Brief adjudicative proceeding" shall mean an
adjudicative proceeding or hearing, the scope or conduct of
which is limited as provided in this chapter.
"Department" shall mean the Washington state department
of health and, where appropriate, the secretary of the
Washington state department of health or the secretary's
designee.
"Docket" or "docketing" shall mean the list or calendar
of causes set to be heard at a specified time, prepared by the
adjudicative clerk office for the use of the department.
"Filing" shall mean receipt by the adjudicative clerk
office.
"Initiating document" shall mean a written agency
document which initiates action against a license holder or
applicant for license and which creates the right to an
adjudicative proceeding. It may be entitled a statement of
charges, notice of intent to deny, or by any other designation
indicating the action or proposed action to be taken.
"License" shall have the meaning set forth in RCW 34.05.010 and includes license to practice the profession for
which the board is the disciplining authority and any approval
of school or curriculum required by law or rule to be obtained
from the board.
"Presiding officer" shall mean the person who is assigned
to conduct an adjudicative proceeding and who may either be a
member of the board, an individual appointed pursuant to RCW 18.130.095(3), or an administrative law judge employed by the
office of administrative hearings.
"Presiding officer for brief adjudicative proceedings"
shall mean an employee of the department authorized by the
board to conduct brief adjudicative proceedings.
"Program" shall mean the administrative unit within the
department responsible for implementation of that chapter of
Title 18 RCW establishing the board or its powers and
responsibilities.
"Protective order" shall mean an order issued under this
chapter which limits the use of, access to, or disclosure of
information or evidence.
"Respondent" shall mean a license holder or applicant for
license under the jurisdiction of the board who is named in an
initiating document.
"Secretary" shall mean the secretary of the department of
health or his/her designee.
"Summary action" shall mean an agency action to address
an immediate danger to the public health, safety, or welfare
and shall include, but not be limited to, an order of summary
suspension, and an order of summary restriction of a license.
[Statutory Authority: RCW 18.130.135 and 43.70.040. 09-03-089, § 246-11-010, filed 1/20/09, effective 2/20/09. Statutory Authority: RCW 18.155.040. 97-13-015, §
246-11-010, filed 6/6/97, effective 7/7/97. Statutory
Authority: RCW 18.130.050(1) and 18.130.060(3). 94-04-078, §
246-11-010, filed 1/31/94, effective 3/3/94. Statutory
Authority: RCW 18.130.050(1) and 34.05.220. 93-08-003 (Order
347), § 246-11-010, filed 3/24/93, effective 4/24/93.]