Washington Administrative Code

(1) Any commissioner, state official, or any member of the public may suggest topics for study and recommendation by the commission by directing a request to the chair or the secretary.(2) The commission may at its discretion choose topics for study and recommendation.(3) The com…

The commission shall report on its proceedings annually to the legislature, on or before January 15 of each year, and, if the commission deems advisable, accompany its report with proposed legislation to carry out any of its recommendations. The law revision commission may transm…

The commission shall confer and coordinate its activities with any committees of the legislature, the state bar association, the uniform law commission, the statute law committee, or the judicial council in a manner as the law revision commission finds will most efficiently accom…

(1) All checks must be made payable to the state treasurer or department of licensing, except those checks written in payment for transactions through the department's vehicle and vessel licensing agents may be made payable to the county auditor.(2) State warrants equal to or les…

(1) Will the department accept a check for registrations, licenses, permits or certificates of ownership for vehicles or vessels? Yes, registrations, licenses, or permits relating to the licensing or titling of vehicles or vessels may be paid by check to county auditors, agents, …

This chapter applies to all adjudicative proceedings under the jurisdiction of the department of licensing or the director of the department of licensing, provided that the rules shall not apply to adjudicative proceedings held pursuant to chapters 46.20, 46.25 and 46.65 RCW, exc…

Except as they may be inconsistent with the rules in this chapter, the department adopts the model rules of procedure as set forth in chapter 10-08 WAC.[Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-006, filed 10/17/90, effective 11/17/90.]

No former employee of the department or member of the attorney general's staff may at any time after severing his employment with the department or the attorney general appear in a representative capacity on behalf of other parties in a formal proceeding wherein he previously too…

No former employee of department, board or commission shall at any time after severing his employment with the state of Washington appear, except with the written permission of the agency, as an expert witness on behalf of other parties in a formal proceeding wherein he previousl…

(1) All applications requesting that the department of licensing conduct an adjudicative proceeding, including but not limited to requests for a hearing in a proceeding initiated by the department shall be made on the form provided by the department or in a form which is substant…

Witnesses summoned before the department, commission or board shall be paid by the party at whose instance they appear the same fees and mileage that are paid to witnesses in the superior courts of the state of Washington.[Regulation .08.180, effective 3/23/60.]

Upon application and for good cause shown, the department will seek judicial enforcement of subpoenas issued to parties and which have not been quashed.[Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-210, filed 10/17/90, effective 11/17/90; Regulation .08.210,…

Except as may be otherwise provided, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding, except that leave of the presiding officer must be obtained if notice of t…

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding.[Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-240, filed 10/17/90, effective 11/17/90; Regulation .…

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than five days in writing to the agency and all parties. The notice shall state the time and place for taking the deposition, the name and address of each person t…

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the department or its designated presiding officer may make an order that the deposition shall…

Examination and cross-examination shall proceed as at an oral hearing. In lieu of participating in the oral examination, parties may serve written interrogatories in a sealed envelope on the party taking the deposition and he shall transmit them to the officer, who shall propound…

The officer before whom the deposition is to be taken shall put the witness on oath and shall personally or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by other means as …

(1) When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desir…

Subject to rulings by the presiding officer upon objections a deposition taken as provided in this rule will not become a part of the record in the proceeding until received in evidence by the presiding officer upon his own motion or the motion of any party. Except by agreement o…

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington, which fees shall be paid by the party at whose request the depositions are taken.[Statutory A…

Where the deposition is taken upon written interrogatories, the party offering the testimony shall separately and consecutively number each interrogatory and serve them with a notice stating the name and address of the person who is to answer them and the name or descriptive titl…

Where the interrogatories are forwarded to an officer authorized to administer oaths the officer taking the same after duly swearing the deponent, shall read to him seriatim, one interrogatory at a time and cause the same and the answer thereto to be recorded before the succeedin…

The officer before whom interrogatories are verified or answered shall (1) certify under his official signature and seal that the deponent was duly sworn by him, that the interrogatories and answers are a true record of the deponent's testimony, that no one except deponent, the o…

The presiding officer, upon request made before or during a hearing, will officially notice:(1) Federal law. The Constitution; congressional acts, resolutions, records, journals and committee reports; decisions of federal courts and administrative agencies; executive orders and p…

In the absence of controverting evidence, the department and its presiding officers, upon request made before or during a hearing, may officially notice:(1) Department proceedings. The pendency of, the issues and position of the parties therein, and the disposition of any proceed…

Upon proof of the predicate facts specified in the following six subdivisions hereof without substantial dispute and by direct, clear, and convincing evidence, the department, with or without prior request or notice, may make the following presumptions, where consistent with all …

The existence or nonexistence of a material fact, as made or agreed in a stipulation or in an admission of record, will be conclusively presumed against any party bound thereby, and no other evidence with respect thereto will be received upon behalf of such party, provided:(1) Up…

(1) Any party to an adjudicative proceeding may file a petition for review of an initial order.(2) The petition for review shall be filed with the director within 20 days of the date of service of the initial order as specified in the initial order in the statement describing ava…

The director will not consider petitions to stay the effectiveness of final orders. Any such request should be made in connection with a petition for judicial review under chapter 34.05 RCW.[Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-415, filed 10/17/90, e…

Pursuant to RCW 34.05.470, a petition for reconsideration of a final order must be filed in the Office of the Director, Department of Licensing, Highways-Licenses Building, Olympia, Washington, within ten days of service of the final order. No matter will be reconsidered unless i…

When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such materials will be offered, to the pres…

Pursuant to RCW 34.05.437, pleadings, briefs, and motions must be made in writing, and must be served on all other parties. This rule does not apply to matters that properly arise during a hearing.[Statutory Authority: RCW 34.05.220 (1)(a). WSR 90-21-086, § 308-08-505, filed 10/1…

(1) At least five days before the scheduled brief adjudicative proceeding, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. U…

(1) The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted at the discretion of the director. Brief adjudicative proceedings can be used in place of formal adjudicative hearings whenever the department issues a state…

(1) At least five days before the scheduled issuance of either an initial or a final order, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that it be converted to a formal adjudicative…

To what do they apply? The department of licensing, dealer and manufacturer services section, adopts the provisions of RCW 34.05.482 through 34.05.494 for the matters listed in this section. The department may use brief adjudicative proceedings (BAPs) where their use will not vio…

The following rules numbered WAC 308-08-610 through 308-08-660 shall apply only to formal hearings held pursuant to RCW 46.20.329. They shall not apply to hearings held pursuant to chapter 308-103 WAC (implied consent revocations) or hearings under the provisions of chapter 308-1…

All formal hearings held pursuant to RCW 46.20.329 shall be conducted by a department hearing officer, who is appointed a referee for such purposes. In addition to the referees appointed by this section the director may from time to time appoint additional referees or may revoke …

At the outset of a formal hearing the referee shall advise the licensee of those matters contained in the department's records upon which the department's intended action is based. He shall judicially notice the files and records of the department which may be examined by the lic…

At the conclusion of the hearing the referee shall announce his decision or what his recommended action will be if then known to him. He shall prepare a written summary of his findings together with a recommendation for departmental action unless he is a person authorized to make…

In all cases not heard by a person authorized to make final decisions on behalf of the department, the file, summary of the findings, and recommendation shall be forwarded to the administrator of the hearings and interviews section or, in his absence, the assistant director for d…

In all cases not heard directly by the director of the department of licensing and determined by a person having authority to make final decisions following a formal hearing pursuant to WAC 308-08-660 the aggrieved person may pursue his remedies pursuant to RCW 46.20.334, or, he …

The administrator of the hearings and interviews section, the assistant director for driver services, and such other persons as the director may from time to time appoint by administrative order filed in the registry maintained in his office shall have authority to render final d…

(1) This chapter implements requirements for regulated professional or occupational licenses regarding licensing of military service members and military spouses and registered domestic partners.(2) In addition to the requirements contained in this rule, there may be requirements…

(1) "Director" means the director of the department of licensing or designee.(2) "Employment" means self-employment and employment by any other entity.(3) "Good standing" means the condition of a valid license authorizing a person to engage in a regulated profession or occupation…

(1) A military spouse may request expedited processing when the military spouse:(a) Holds an active license in good standing issued by another jurisdiction in which the other states standards are equal to or greater than Washington licensing standards;(b) Is moving to Washington …

(1) The licensing authority must process a request for temporary license within 30 days after receipt of a completed application. A completed application means that the authority has received all supporting materials, related application fees, copy of the certificate issued by th…

(1) The licensing authority will convert a military spouse's active license in good standing to an inactive license when the licensee:(a) Submits a written request for the license status to be changed from active to inactive due to the licensee's spouse or registered domestic par…

(1) A military spouse may maintain an inactive license as long as the military service member is stationed or deployed in a location outside the state of Washington. Upon return to Washington, the military spouse has six months to request their license return to active.(2) To cha…