WAC 196-09-050   Brief adjudicative proceedings.  (1) The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapter 18.43 RCW, chapter 18.210 RCW, chapter 18.235 RCW, administrative rules in title 196 WAC or any statutes or rules that specifically govern the defined practices of engineering, land surveying and on-site wastewater treatment system designs. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.

     [(2)] Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:

     (a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

     (b) Whether an applicant is eligible to sit for a professional licensing examination;

     (c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;

     (d) Whether an applicant meets minimum requirements for an initial or renewal application;

     (e) Whether an applicant has failed the professional licensing examination;

     (f) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;

     (g) Whether an applicant or licensee failed to cooperate in an investigation by the board

     (h) Whether an application or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;

     (i) Whether an applicant or licensee has defaulted on educational loans;

     (j) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;

     (k) Whether a person has engaged in false, deceptive or misleading advertising; or

     (l) Whether a person has engaged in unlicensed practice.

     (3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.



[Statutory Authority: RCW 18.43.035 and chapter 18.235 RCW. 06-11-121, § 196-09-050, filed 5/19/06, effective 6/19/06. Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, § 196-09-050, filed 1/21/04, effective 2/21/04.]


NOTES:

     Reviser's note:  RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.