Title 34 — Title 34 ADMINISTRATIVE LAW
3 chapters · 141 sections in this title.
RCW 34.12.010 Office created—Conduct of hearings—Chief administrative law judge, appointment, term, qualifications, removal.
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A state office of administrative hearings is hereby created. The office shall be independent of state administrative agencies and shall be responsible for impartial administration of administrative hearings in accordance with the legislative intent expressed by this chapter. Hear…
RCW 34.12.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.(2) "Hearin…
RCW 34.12.030 Administrative law judges—Appointment and contractual basis—Clerical personnel—Discipline and termination of administrative law judges—Civil service—Rules for operation of office.
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(1) The chief administrative law judge shall appoint administrative law judges to fulfill the duties prescribed in this chapter. All administrative law judges shall have a demonstrated knowledge of administrative law and procedures. The chief administrative law judge may establis…
RCW 34.12.034 Retail internet service adequacy proceedings.
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When requested by the public utility district commissioners, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under *RCW 54.16.420.[ 2018 c 186 s 2.]Notes:*Reviser's note: RCW 54.16.420 was repealed by 2021 c 294 s 13.
RCW 34.12.035 State patrol disciplinary hearings and decertification hearings.
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The chief administrative law judge shall designate an administrative law judge with subject matter expertise to serve, as the need arises, as presiding officer in:(1) State patrol disciplinary hearings conducted under RCW 43.43.090; and(2) Decertification hearings conducted under…
RCW 34.12.036 Landlord-tenant proceedings.
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When requested by the attorney general, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under Title 59 RCW.[ 2007 c 431 s 9.]Notes:Implementation—2007 c 431: See note following RCW 59.30.010.
RCW 34.12.037 Human rights commission proceedings.
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When requested by the state human rights commission, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under chapter 49.60 RCW.[ 1985 c 185 s 29.]
RCW 34.12.038 Local government whistleblower proceedings.
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When requested by a local government, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under chapter 42.41 RCW.[ 1992 c 44 s 8.]Notes:Effective dates—1992 c 44: See RCW 42.41.901.
RCW 34.12.039 Local government whistleblower proceedings—Costs.
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Costs for the services of the office of administrative hearings for the initial twenty-four hours of services on a hearing under chapter 42.41 RCW shall be billed to the local government administrative hearings account. Costs for services beyond the initial twenty-four hours of s…
RCW 34.12.040 Hearings conducted by administrative law judges—Criteria for assignment.
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Except pursuant to RCW 43.70.740, whenever a state agency conducts a hearing which is not presided over by officials of the agency who are to render the final decision, the hearing shall be conducted by an administrative law judge assigned under this chapter. In assigning adminis…
RCW 34.12.050 Administrative law judge—Motion of prejudice against—Request for assignment of.
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(1) Any party to a hearing being conducted under the provisions of this chapter (including the state agency, whether or not it is nominally a party) may file with the chief administrative law judge a motion of prejudice, with supporting affidavit, against the administrative law j…
RCW 34.12.060 Initial decision or proposal for decision—Findings of fact and conclusions of law—Inapplicability to state patrol disciplinary hearings.
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When an administrative law judge presides at a hearing under this chapter and a majority of the officials of the agency who are to render the final decision have not heard substantially all of the oral testimony and read all exhibits submitted by any party, it shall be the duty o…
RCW 34.12.070 Record of hearings.
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The chief administrative law judge may establish a method of making a record of all hearings and may employ or contract in order to implement such method.[ 1981 c 67 s 7.]Notes:Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
RCW 34.12.080 Procedural conduct of hearings—Rules.
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All hearings shall be conducted in conformance with the Administrative Procedure Act, chapter 34.05 RCW. After consultation with affected agencies, the chief administrative law judge may promulgate rules governing the procedural conduct of the hearings. Such rules shall seek the …
RCW 34.12.090 Transfer of employees and equipment.
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(1) All state employees who have exclusively or principally conducted or presided over hearings for state agencies prior to July 1, 1982, shall be transferred to the office.(2) All state employees who have exclusively or principally served as support staff for those employees tra…
RCW 34.12.100 Salaries.
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The chief administrative law judge shall be paid a salary fixed by the governor after recommendation of the director of financial management. Subject to any collective bargaining agreement, the salaries of administrative law judges appointed under the terms of this chapter shall …
RCW 34.12.110 Application of chapter.
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The creation of the office of administrative hearings and the transfer of duties and personnel under this chapter shall not affect the validity of any rule, action, decision, or proceeding held or promulgated by any state agency before July 1, 1982. This chapter applies to hearin…
RCW 34.12.120 Appointment of chief administrative law judge.
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The governor shall appoint the chief administrative law judge.[ 1989 c 175 s 35; 1981 c 67 s 12.]Notes:Effective date—1989 c 175: See note following RCW 34.05.010.Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
RCW 34.12.130 Administrative hearings revolving fund—Created, purposes.
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The administrative hearings revolving fund is hereby created in the state treasury for the purpose of centralized funding, accounting, and distribution of the actual costs of the services provided to agencies of the state government by the office of administrative hearings. Durin…
RCW 34.12.140 Transfers and payments into revolving fund—Limitation on employment security department payments—Allotment by director of financial management—Disbursements from fund by voucher.
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The amounts to be disbursed from the administrative hearings revolving fund from time to time shall be transferred thereto by the state treasurer from funds appropriated to any and all agencies for administrative hearings expenses on a quarterly basis. Agencies operating in whole…
RCW 34.12.150 Accounting procedures.
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The chief administrative law judge shall keep such records as are necessary to facilitate proper allocation of costs to funds and agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and a…
RCW 34.12.160 Direct payments by agencies, when authorized.
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In cases where there are unanticipated demands for services of the office of administrative hearings or where there are insufficient funds on hand or available for payment through the administrative hearings revolving fund or in other cases of necessity, the chief administrative …