WAC 246-10-501   Application of brief adjudicative proceedings.  (1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:

     (a) A determination whether an applicant for a professional, business, or facility license meets the minimum criteria for an unrestricted license and the department proposes to deny such a license or to issue a restricted license;

     (b) An application to approve a water system plan under WAC 246-290-100;

     (c) An application to approve a project report under WAC 246-290-110;

     (d) An application for source approval under WAC 246-290-130;

     (e) An application to approve construction documents under WAC 246-290-120;

     (f) An application to approve an existing Group A water system under WAC 246-290-140;

     (g) An application for source approval under WAC 246-291-100 or 246-291-110;

     (h) An application to approve a design report under WAC 246-291-120;

     (i) An application to approve an existing Group B water system under WAC 246-291-130;

     (j) An application to approve a water system plan under WAC 246-291-140;

     (k) A decision under WAC 246-293-190;

     (l) A decision with respect to service area conflicts under WAC 246-293-430;

     (m) An application for approval as a satellite management agency under WAC 246-295-040;

     (n) A civil penalty imposed under RCW 70.119A.040 when the amount of the civil penalty does not exceed two thousand five hundred dollars;

     (o) A request to bank nursing home beds under RCW 70.38.111(8) and 70.38.115(13);

     (p) A determination as to whether a person is in compliance with the terms and conditions of a final order previously issued by the department;

     (q) Any approval of a school or curriculum when such approval by the department is required or authorized by statute or rule;

     (r) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for license renewal; or

     (s) A decision to deny, modify, or impose conditions upon an operating permit under WAC 246-294-050.

     (2) If an adjudicative proceeding is requested, in a matter not listed in subsection (1) of this section, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that protection of the public interest does not require that the department provide notice and an opportunity to participate to persons other than the parties and:

     (a) Only legal issues exist; or

     (b) Both parties have agreed to a brief proceeding.



[Statutory Authority: RCW 18.130.050 and 43.70.040. 96-21-027, § 246-10-501, filed 10/7/96, effective 11/7/96. Statutory Authority: RCW 43.70.040. 94-04-079, § 246-10-501, filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-501, filed 6/3/93, effective 7/4/93.]