WAC 192-35-120   Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings.  (1) At least five working days before the scheduled brief adjudicative proceeding, any party, including the department, 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 agency.

     (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.

     (3) The written order of the formal adjudicative hearing shall be the department's final decision.



[Statutory Authority: RCW 50.12.040. 05-02-094, § 192-35-120, filed 1/5/05, effective 2/5/05.]