WAC 460-16A-020
Interpretive opinions and no-action
letters. The administrator, in his or her discretion, may honor
requests from interested persons for no-action letters and
interpretive opinions. The following procedures must be followed
in requesting a no-action or interpretive opinion from the
division:
(1) The request must be submitted to the administrator in
writing. The letter should be captioned with the name of the
party who will be relying upon the administrator's response and
should indicate that a no-action or interpretive opinion is
sought. The filing fee required by RCW 21.20.340 must accompany
the request.
(2) The requesting letter should cite the particular
statutes or rules for which interpretation or no-action is
sought.
(3) The names of all involved companies and parties should
be disclosed. The division cannot issue interpretive or
no-action letters relating to unnamed companies or individuals or
hypothetical situations, nor on matters of pending, or in
preparation for, litigation.
(4) The request should be tailored to resolving the
immediate issues and should not attempt to discuss every possible
situation that may arise in the future.
(5) The letter should be concise and contain all material
facts necessary to resolve the issues at hand. Relevant
supporting documents may be included, but are not a substitute
for subsection (6) of this section.
(6) It is important that the letter identify the issues at
hand, the proposed resolution, and the precedents or other legal
authority supporting that position.
(7) The administrator will not issue no-action or
interpretive opinions regarding the availability of exemptions
pursuant to RCW 21.20.320(1).
Letters that are not prepared in accordance with the
above-listed procedures may be returned to the sender for
compliance.
[Statutory Authority: RCW 21.20.450. 98-17-013, § 460-16A-020,
filed 8/10/98, effective 9/10/98; Order 304, § 460-16A-020, filed
2/28/75, effective 4/1/75. Formerly chapter 460-16 WAC.]