Washington Administrative Code

(1) Only the following persons may appear in a representative capacity before the department or presiding officer:(a) Attorneys entitled to practice before the supreme court of the state of Washington.(b) Attorneys entitled to practice before the highest court of record of anothe…

(1) Appearance. Each attorney or other representative must file a written notice of appearance with the department and the presiding officer and must serve a notice of appearance on all attorneys and representatives then of record and on all unrepresented parties. The notice must…

(1) Where filed—Form. All requests for an adjudicative hearing must be filed with the department on the form provided by the department or on a form that is substantially similar.(2) Time limits for request. The department must receive the request for an adjudicative hearing no l…

(1) Answer to statement of charges. Each respondent must file an answer to the department's statement of charges. The answer must be filed with the department no later than thirty days after the respondent's request for an adjudicative hearing unless the parties agree in writing …

(1) In addition to the authority provided under chapter 10-08 WAC, the administrative law judge has the following authority:(a) To make negative inferences based upon discovery violations;(b) To schedule hearings on temporary orders to cease and desist within fourteen days of rec…

(1) Application of superior court civil rules.(a) When applicable and not in conflict with this section, civil rules 26 through 34 and rule 36 of the Washington state superior court civil rules apply.(b) Civil rule 45 may be applied to the extent set forth in civil rules 30 and 3…

(1) Place of production. When production of documents is allowed, they will be produced for inspection and copying at the department's headquarters, at such other place as the parties may agree in writing, or as the presiding officer orders.(2) Removal from the department's headq…

(1) Recording, signing, and filing of transcripts. If a deposition is allowed, it shall be recorded, including all questions and objections. If one of the parties orders a transcript, the testimony must be transcribed verbatim under the direction of the court reporter, who must c…

(1) Production of documents – Self-authenticating. A party's production of a document in response to written discovery or other legal process authenticates the document for use against that party in any prehearing proceeding or at hearing unless, within ten days after the produci…

(1) If a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this section has the same effect as a sworn declaration if it:(a) Recites that it is certified or declared by the person to be true under penalty of perju…

(1) Department's agreement. With the agreement of the department, a party may waive a hearing and submit its case upon stipulated facts and briefs.(2) Sufficiency of evidence required. Submission of a case without a hearing does not relieve the parties from the necessity of provi…

If there are multiple adjudicative proceedings involving common issues, the department or a party may notify the presiding officer of the common issues and request consolidation of the actions. If no other party objects, the presiding officer shall consolidate the proceedings. If…

The department encourages the use of prehearing conferences. If a party requests a prehearing conference, the presiding officer will grant the request unless good cause is shown for not holding a prehearing conference. WAC 10-08-130 governs the conduct of prehearing conferences.[…

The department encourages informal settlement of matters before the agency. Any party who believes their interest in an adjudicative proceeding may be settled informally may contact the department's designated representative and communicate their settlement proposal to the design…

The presiding officer shall grant all timely requests to submit prehearing and posthearing memoranda and shall set a reasonable time for the submission of the memoranda. If a party files a posthearing memorandum, the opposing party has the right to file a response.[Statutory Auth…

(1) Recording and transcripts. Testimony and argument at the hearing shall be recorded either electronically or stenographically. Any party, upon motion, may order the court reporter to transcribe the proceedings at the party's expense. A party who orders a transcript of the proc…

(1) Prior to the assignment of a presiding officer the initiating document may be amended at any time.(2) After the assignment of a presiding officer the initiating document may be amended upon motion filed by the department and service to all parties. The motion will be granted …

(1) Definitions. Unless the context indicates otherwise, as used in this chapter, the following terms mean:(a) "Interlocutory decision" means any initial decision or order of the presiding officer that does not terminate or fully resolve the matter before the presiding officer.(b…

(1) Administrative hearings when the division of banks or division of credit unions is the charging authority. An administrative hearing involving a notice of charges against a Washington state-chartered commercial bank under Title 30A RCW, savings bank under Title 32 RCW, saving…

(1) The purpose of this chapter is to ensure compliance with RCW 42.56.040; with the applicable provisions of the Public Records Act, chapter 42.56 RCW; and to provide notice to the public of the organization and procedure of the department as required by the Administrative Proce…

As used in this chapter, unless the language clearly indicates otherwise:"Department" means the Washington state department of financial institutions."Director" means the director of the department, who is a cabinet-level appointee of the governor of the state of Washington."Divi…

(1) The department is an administrative, supervisory, licensing, regulatory, public outreach, educational, and chartering agency.(2) The department is organized pursuant to chapter 43.320 RCW under a director, appointed by the governor, and assistant directors (also known as "div…

(1) The administrative office of the department, including each of its divisions, are located at 150 Israel Road S.W., Tumwater, Washington 98501.(2) The mailing address of the department and each of its divisions is P.O. Box 41200, Olympia, WA 98504-1200.(3) The public records o…

(1) Public records are available for inspection and copying during customary office hours, consistent with chapter 42.56 RCW, the Public Records Act.(2) For the purposes of this chapter, the customary office hours of the administrative office are from 8:00 a.m. to noon and from 1…

(1) Many public records are available for inspection on the department's website, www.dfi.wa.gov/public-records-index, at no cost. Requestors are encouraged to view the records available on the website prior to submitting a records request.(2) Any person seeking to inspect or cop…

(1) Order of processing requests. The department will process requests in the order that allows requests to be fulfilled in the most efficient manner feasible.(2) Acknowledging receipt of a request. The department will acknowledge a request for public records within five business…

(1) It is the department's responsibility to protect public records from destruction, damage or disorganization, and prevent excessive interference with essential functions of the department.(2) Before a person may inspect original records, that person must agree to the following…

(1) Copy fees and payment procedures apply to requests to the department under chapter 42.56 RCW received by the department on or after the effective date of these rules.(2) The department finds that it would be unduly burdensome to calculate the actual costs of providing public …

(1) All public records of the department are available for public inspection and copying pursuant to this chapter, unless the department determines that a requested public record or portion of a public record is exempt under the provisions of chapter 42.56 RCW or other statute.(2…

(1) Any person who objects to the initial denial or partial denial of a records request may petition, in writing (including by email), to the public records officer for a review of that denial. The petition shall include a copy of, or reasonably identify, the written statement by…

The department maintains an index of its records available to the public on its website, at www.dfi.wa.gov/public-records-index.[Statutory Authority: RCW 43.320.040, 42.56.040, 42.56.100, and 42.56.120. WSR 18-13-104, § 208-12-120, filed 6/19/18, effective 8/1/18. Statutory Autho…

(1) Authority to compensate directors and supervisory committee members. Subject to the provisions of this section, a credit union may pay compensation to its directors and supervisory committee members for their service as directors and supervisory committee members that is reas…

Unless the context clearly requires otherwise, as used in this chapter:"Board" has the same meaning as ascribed in RCW 31.12.005(1)."Board chair" means the serving chairperson of the board of directors of a credit union, who has been duly appointed by the board of directors to se…

(1) Authority to determine the frequency of board of directors meetings. Subject to the provisions of this section, a board may determine the frequency of its meetings and must specify such frequency in its bylaws.(2) Minimum meeting requirement. A board of directors must meet a …

Procedures for requesting powers and authorities authorized in other states.(1) A credit union must send written notice to the director, by United States mail or by electronic delivery, of its intent to exercise a power or authority that it would have if it were an out-of-state c…

Unless the context clearly requires otherwise, as used in this chapter:(1) "Credit union" includes a Washington credit union, an out-of-state credit union and a foreign credit union.(2) "Foreign credit union" means a credit union organized and operating under the laws of another …

Chapter 31.12 RCW authorizes the director to charge fees to credit unions and certain other persons in order to cover the costs of the operation of the division of credit unions and to establish a reasonable reserve for the division. As set forth in more detail in this chapter, t…

(1) The director will charge each credit union a semiannual asset assessment at the rate set forth in subsection (2) of this section. Asset assessments will be due on January 1st and July 1st. Asset assessments must be paid no later than thirty days after their due date. The asse…

(1) The director may charge each credit union the actual cost incurred by the division of credit unions for certain legal assistance rendered by an assistant attorney general or special counsel in regard to that credit union. Legal assistance includes legal assistance rendered in…

(1) The director will charge hourly fees as follows:(a) An hourly fee will be charged to a person other than a credit union or a subsidiary of one or more credit unions for each information systems and technology examination of the person by the division of credit unions.(b) An h…

The director may waive any or all of the fees and assessments imposed under WAC 208-418-040 and 208-418-070, in whole or in part, when the director determines that such course of action would be fiscally prudent.[Statutory Authority: Chapter 43.135 RCW, RCW 43.320.040, 31.12.516(…

If any credit union wishes to deposit or invest its capital, deposits, or surplus funds in a manner not specifically permitted to credit unions by chapter 31.12 RCW, the credit union shall, before engaging in the proposed investment practice, make written application to the direc…

Upon receiving an application from a credit union to engage in an investment or deposit practice pursuant to this chapter, the director may request such additional information as he or she deems necessary for the informed disposition of the application. If supplementary applicati…

If the director finds that the applicant credit union proposes to make the same type of investment or deposit which one or more other state chartered credit unions have previously received permission to make, the director shall grant the application unless he or she finds that th…

If the director finds that the applicant credit union proposes to make the same type of investment or deposit which one or more other federally chartered credit unions have previously received permission to make, the director shall grant the application unless he or she finds tha…

If the director finds that the proposed investment or deposit practice has not previously been permitted to any state chartered or federally chartered credit union, the director shall make inquiry as to whether the proposed investment or deposit practice would be consistent with …

After receiving an application from a credit union to engage in an investment or deposit practice not otherwise permitted by law, and after having considered it as provided in this chapter, the director shall grant, grant conditionally, grant in modified form, or deny the applica…

No state chartered credit union shall engage in any investment or deposit practice not authorized by a specific provision of Washington state law or by the director in accordance with this chapter. Unless the director, in writing, informs an applicant credit union that it may eng…

The director may find that an investment or deposit practice previously authorized is no longer a safe and prudent practice for credit unions generally to engage in, or has become inconsistent with applicable state or federal law, or has ceased to be a safe and prudent practice i…

The director finds that investments in common trust funds under RCW 31.12.425 (1)(f) present potential serious risks to credit unions and that rules establishing specific procedures for those investments are necessary to protect the safety and soundness of credit unions. These ru…