WAC 246-359-040   Appeals.  (1) The department may deny, suspend, modify, or revoke a permit in any case in which it finds that there has been a failure or refusal to comply with the requirements of chapter 70.114A RCW or this chapter.

     (2) The department's notice of a denial, suspension, modification, or revocation of a license will be consistent with RCW 43.70.115. An applicant or license holder has the right to an adjudicative proceeding to contest a decision.

     (3) An applicant who contests a department permit decision must, within twenty-eight days of receipt of the decision:

     (a) File a written application for an adjudicative proceeding by a method showing proof of receipt with the Administrative Hearings Unit, Department of Health, PO Box 47879, Olympia, WA 98504-7879; and

     (b) Include in or with the application:

     (i) A specific statement of the issue or issues and law involved;

     (ii) The grounds for contesting the department decision; and

     (iii) A copy of the contested department decision.

     (4) The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW, this chapter, and chapters 246-08 and 246-10 WAC. If a provision in this chapter conflicts with chapter 246-08 or 246-10 WAC, the provision in this chapter governs.



[Statutory Authority: RCW 70.114A.081. 99-03-065, § 246-359-040, filed 1/18/99, effective 2/18/99.]