Washington Administrative Code

(1) Pursuant to RCW 46.61.506, the following instruments are approved for the quantitative measurement of alcohol in a person's breath:(a) The DataMaster;(b) The DataMaster CDM; and(c) The Draeger or Dräger Alcotest 9510.(2) Pursuant to RCW 46.61.506, the following thermometers a…

(1) "Accuracy" means the proximity of a measured value to a reference value.(2) "Alcohol" means the unique chemical compound ethyl alcohol.(3) "Blank test" means the testing of an instrument to ensure that no alcohol from a previous test can interfere with a person's breath test.…

(1) A determination as to whether a subject has a foreign substance in his or her mouth will be made by either an examination of the mouth or a denial by the person that he or she has any foreign substances in their mouth. A test mouthpiece is not considered a foreign substance f…

A test of a person's breath for alcohol concentration will consist of the person exhaling end-expiratory air samples at least twice into the instrument, sufficient to allow two separate measurements. There will be sufficient time between the provision of each sample to permit the…

Pursuant to RCW 46.61.506 the following method is approved for determining whether two breath samples agree to within plus or minus 10 percent of their mean.(1) The breath test results will be reported, truncated to three decimal places.(2) For the DataMaster instruments, the mea…

The state toxicologist will review, approve, and authorize such protocols of procedures and methods (of the toxicologist's own promulgation or submitted by outside agencies or individuals for consideration) required in the administration of the breath test program. These protocol…

The state toxicologist or technician will certify persons found to be competent and qualified, as "instructors." Instructors are authorized to administer breath tests for alcohol concentration using approved instruments and are further authorized to train and certify as operators…

The state toxicologist, or certified instructors will certify as "operators" persons found by them to be competent and qualified to administer breath tests for alcohol concentration using approved breath testing instruments.If an operator fails or refuses to demonstrate to the st…

The state toxicologist, or certified instructors, will certify as "external standard changers" operators found by them to be competent and qualified. In addition to being qualified as "operators" these persons must receive approved instruction covering the changing of simulator e…

The state toxicologist will certify as "technicians" such persons found to be competent and qualified to maintain the proper working order of breath test instruments through adjustment, repair, and regular service.Technicians are authorized to perform maintenance, calibration and…

Pursuant to RCW 46.61.506, the state toxicologist will authorize the issuance to persons deemed qualified as "instructors," "operators," "solution changers" or "technicians," a permit bearing his or her name and designation. Permits will bear the signature or facsimile signature …

The state toxicologist will approve and authorize such courses and course outlines (of the toxicologist's own promulgation or submitted for consideration by outside agencies or individuals) required in the training of breath test program personnel. Instructors are directed to use…

All documents and records produced by the state toxicologist and personnel involved in breath testing for the state of Washington are available on request Copies of most of these records are available at no charge on a website maintained by the Washington state patrol at http://b…

Information regarding instrument records, or the certification of operators, instructors, solution changers, and technicians should be obtained from the Washington State Patrol, Breath Test Program, 811 E. Roanoke, Seattle, WA 98102.Persons seeking information regarding other asp…

If any part or provision of these rules or regulations or the application thereof is held invalid, such invalidity will not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end any section, …

(1) This chapter explains the practice and procedure of formal hearings conducted before the board of tax appeals (board) in accordance with the Administrative Procedure Act, chapter 34.05 RCW. This chapter adds to but does not replace the provisions in chapter 82.03 RCW.(2) The …

(1) A party making an appeal may choose either a formal or informal hearing in its written notice of appeal. Formal hearings are conducted pursuant to the Administrative Procedure Act, chapter 34.05 RCW, and the rules of practice and procedure of this chapter. Informal hearings a…

(1) In this chapter, the subsequent terms have the following meanings:(a) "Appellant" means a person or entity who appeals any order or decision.(b) "Board" means the board of tax appeals as described in chapter 82.03 RCW, and chapters 456-09 and 456-10 WAC. Where appropriate, th…

Practice before the board in formal proceedings is limited to the following:(1) Taxpayers who are natural persons representing themselves;(2) Attorneys at law duly qualified and entitled to practice in the highest court of any state;(3) An authorized officer, partner, or full-tim…

(1) All persons appearing in proceedings before the board are required to follow the rules of professional conduct (RPC) required of attorneys before the courts of Washington. If any such person does not follow these standards, the hearing officer may, in his/her discretion and d…

Neither the board nor any person may make or attempt to make any ex parte communications with a member of the board, presiding officer, or tax referee which is prohibited by the Administrative Procedure Act. Attempts by anyone to make such prohibited ex parte communications will …

(1) Those who wish to initiate an appeal must file an original notice of appeal and a copy of the order or determination that is being appealed.(2) The board will acknowledge receipt of a notice of appeal in writing to all parties in excise tax appeals within 30 days of receipt. …

(1) An appellant must submit a notice of appeal that substantially contains the following:(a) The appellant's name, mailing address, telephone number, email address, and that of the representative, if any.(b) The name of the respondent together with the respondent's mailing and e…

(1) The jurisdiction of the board is limited to those appeals that comply with and are filed by the deadlines stated in this section or the statute governing the respective agency or proceeding involved.(a) For appeals of a denial of petition or notice of determination for a redu…

(1) A notice of appeal is considered submitted on the date of receipt by the board at its Olympia office if the notice of appeal is hand delivered. The board's date stamp will be evidence of the date of receipt. If the notice of appeal is mailed, the postmark will be evidence of …

(1) The respondent must submit a response to the notice of appeal within 30 calendar days of the board acknowledging receipt of the notice of appeal, unless otherwise ordered, together with proof of service pursuant to WAC 456-09-345.(2) The response must include:(a) The responde…

(1) Any person or entity whose interest may be substantially affected by an appeal may petition the board to be granted status as an intervenor.(2) In determining whether a petitioner qualifies as an intervenor, the presiding officer will apply the rules of the superior courts of…

(1) All notices, pleadings, exhibits, correspondence specific to an appeal, and other papers submitted to the board must be served on all counsel and representatives of record, and to unrepresented parties or on their designated agents, or to other persons or entities as required…

(1) If applicable and not in conflict with this chapter, the board will apply the statutes and court rules regarding pretrial procedures and discovery used in civil cases in the state of Washington's superior courts.(2) The board may limit or prohibit discovery on its own motion …

Subpoenas will be issued and enforced, and witness fees paid, as provided in RCW 34.05.446. Parties who wish to issue a subpoena must comply with the requirements in WAC 10-08-120.[Statutory Authority: RCW 82.03.170. WSR 22-05-051, § 456-09-520, filed 2/9/22, effective 3/12/22; W…

(1) At any time prior to a hearing, the board may, on its own motion or a written request of a party, order a settlement conference. The conference will be scheduled with at least 14 calendar days' notice to each party, and occur at a time and place determined by the board.(2) In…

(1) The board, on its own motion or a request of a party, may conduct a prehearing conference to consider:(a) Simplification of issues;(b) The necessity or desirability of amending the pleadings or other documents;(c) The possibility of obtaining stipulations or admissions;(d) Li…

A motion for summary judgment may be granted if the written record shows that, viewing the evidence in a light most favorable to the nonmoving party, there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. Motions for summary…

(1) In the absence of a prehearing order, evidence, briefs, and other documents must be submitted to the board by the following deadlines:(a) A list of fact or expert witnesses who will testify at the hearing must be submitted to the board together with proof of service pursuant …

(1) Each party must indicate the specific pages it intends to rely on, if any, from the body from which the party appeals. Failure to indicate specific page numbers will result in the presumption that the party does not intend to rely on the underlying record, and instead intends…

(1) Any person or entity whose interest may be substantially affected by a proceeding before the board may request status as an amicus. The request must be made by written motion, and must comply with WAC 456-09-555 and 456-09-345.(2) The motion requesting amicus status must incl…

(1) Any request for an order or ruling or a request for relief is considered a motion. Every motion, unless made during hearing, must be in writing and include:(a) A statement of the relief sought;(b) The basis for the relief;(c) A statement that the moving party made a good fait…

(1) All briefs, motions, responses, replies, and memorandum must:(a) Be legibly printed on letter-size paper (8-1/2 by 11 inches). All margins must be a minimum of one inch. This rule also applies to attachments unless the nature of the attachment makes compliance impractical.(b)…

(1) Postponements, continuances, and extensions of time may be ordered by the board on its own motion.(2) Requests to postpone, continue, extend the time, or reschedule the prehearing conference must be made in writing and comply with WAC 456-09-555 and 456-09-345. The moving par…

All or part of a hearing, prehearing, or settlement conference may be conducted by phone, video, or other electronic means. Each party and participant in the proceeding will have an opportunity to hear and effectively participate in the proceeding.[Statutory Authority: RCW 82.03.…

(1) A notice of a hearing will be sent or transmitted to all parties and to those granted intervention or amicus status at least 20 calendar days before the hearing date unless a different period is required by law. The notice will include the information specified in RCW 34.05.4…

If the board is notified or otherwise made aware that a limited-English-speaking person as defined in RCW 2.43.020 is a party, all notices about the hearing, including continuances and dismissals:(1) Must be written in the primary language of the party; or(2) Must include a notic…

(1) Every person testifying before the board must swear or affirm in any manner allowed in chapter 5.28 RCW that the person's testimony will be truthful.(2) Every interpreter will take an oath affirming that the interpreter will make a true interpretation to the person being exam…

(1) All hearings will be recorded by manual, electronic, or other recording device.(2) Photographic and recording equipment of others will be permitted at hearings; however, the presiding officer may impose such conditions upon their use as deemed necessary to prevent disruption …

(1) Unless otherwise ordered, hearings will be conducted in the following format:(a) Administration of an oath to all persons testifying;(b) The appellant's opening statement;(c) The respondent's opening statement;(d) The appellant's case in chief:(i) Direct examination of witnes…

(1) If an appellant fails to attend a hearing after receiving timely notice, the board will consider a motion for default or dismissal brought by any party to the proceedings or on its own motion. An order for default or dismissal will include the reason for the order and will be…

(1) An appeal may be dismissed for any of the following reasons:(a) All parties stipulate to dismissal. Stipulations of the value of real property must include the parcel number, assessment year(s), the agreed upon value(s) of the subject property, and a brief statement supportin…