Preliminary record in brief adjudicative proceedings.

(1) The preliminary record with respect to an application for a professional, business, or facility license, or for approval of a school or curriculum shall consist of the following:
(a) The application for the license or approval and all associated documents;
(b) All documents relied on by the program in proposing to deny the application;
(c) All correspondence between the applicant for license or approval and the program regarding the application.
(2) Preliminary record.
(a) The preliminary record with respect to decisions made under WAC 246-290-100, 246-290-110, 246-290-120, 246-290-130, 246-290-140, 246-291-100, 246-291-110, 246-291-120, 246-291-130, and 246-291-140 shall consist of the decision document, all documents constituting the applicant's submittal and such other documents as the applicant or the departmental employee reviewing the submittal may wish to include in the preliminary record.
(b) WAC 246-293-190.
(i) If proceedings are required and have been conducted by local agencies under the applicable coordinated water system plan, the preliminary record shall consist of the record submitted to the department under WAC 246-10-124(3).
(ii) If hearings are not required or have not been conducted by local agencies under the applicable coordinated water system plan or if the external boundaries of the coordination act area have been approved but a coordinated water system plan has not been adopted, then the preliminary record shall consist of such documents as the presiding officer may solicit from the affected parties.
(c) The preliminary record with respect to a decision made under WAC 246-293-430 shall consist of the record submitted to the presiding officer under WAC 246-10-124(4).
(d) The preliminary record with respect to a decision under WAC 246-294-050 shall consist of:
(i) The permit, if any;
(ii) All documents relied upon by the program in proposing to deny, modify, or impose conditions upon the permit; and
(iii) The decision document.
(e) The preliminary record with respect to decisions made under WAC 246-295-040 shall consist of the decision document, all documents constituting the applicant's submittal, comments submitted by the county, and such other documents as the applicant or the department may wish to include in the preliminary record.
(f) The preliminary record with respect to civil penalties imposed under RCW 70.119A.040 shall consist of the notice of imposition of penalties, the departmental order, if any, all documentation of communication between the program and the person or persons incurring the civil penalties regarding the violation or violations for which the civil penalties were imposed, and such other documents as the person or persons incurring the civil penalties or the department may wish to include in the preliminary record.
(3) The preliminary record with respect to compliance with prior department orders shall consist of:
(a) The official department file of the proceeding in which the order was issued;
(b) All matters submitted by the person to whom the order is directed purporting to demonstrate compliance with the order;
(c) All documents relied on by the department in asserting noncompliance; and
(d) All correspondence between the department and the person to whom the order is directed respecting compliance.
(4) The preliminary record with respect to matters submitted to a brief adjudicative proceeding under WAC 246-10-501(2) shall be as agreed by the parties.
(5) For the purposes of this section, "decision document" shall mean one or more documents that provide notice to the affected party of the department's action, and that contain(s) the information provided by an initiating document.
[Statutory Authority: RCW 18.130.050 and 43.70.040. WSR 96-21-027, § 246-10-502, filed 10/7/96, effective 11/7/96. Statutory Authority: RCW 43.70.040. WSR 94-04-079, § 246-10-502, filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-502, filed 6/3/93, effective 7/4/93.]
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