WAC 192-40-050   Review of local decisions -- Finality of assistant commissioner decision.  The review of local decisions shall be confined to the record under review and shall be limited to consideration only of those matters over which the assistant commissioner has jurisdiction. In the event that the record is incomplete, or otherwise provides insufficient information upon which to base a decision, the assistant commissioner may remand the matter to the responsible local authority for the taking of further evidence and issuance of a new decision based thereon, subject to further review, or should he or she be convinced that a fair hearing will not be provided by the local authority he or she may assign the case to be heard by an administrative law judge to be designated by the office of administrative hearings. In the latter event the administrative law judge shall conduct a hearing and issue a decision which will be deemed the decision of the local authority subject to review by the assistant commissioner in the same manner as any other local decision.

     The decision of the assistant commissioner upon review of local decisions is a final agency action and is subject to review under RCW 34.05.570.



[Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, § 192-40-050, filed 11/30/89, effective 1/1/90; 86-08-073 (Order 1-86), § 192-40-050, filed 4/1/86.]