263-12-175  <<  263-12-180 >>   263-12-190

Petitions for declaratory ruling.

(1) Right to petition for declaratory ruling. As prescribed by RCW 34.05.240, any interested party may petition the board for a declaratory ruling with regard to the board's policies, procedures, and rules.
(2) Form of petition. The form of the petition for a declaratory ruling shall generally adhere to the following:
(a) On the first page shall appear the wording "In the matter of the petition of (name of petitioning party) for a declaratory ruling."
(b) The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party. The second paragraph shall state all rules or statutes that may be brought into issue by the petition. Succeeding paragraphs shall set out the facts relied upon in form similar to that applicable to complaints in civil actions before the superior courts of this state. The concluding paragraphs shall contain the relief sought by the petitioner. The petition shall be signed by the petitioner or its representative and contain a statement that the person signing the petition has read it and that to the best of his or her knowledge or information and belief the contents thereof are true.
(3) Consideration of petition. The entire board shall consider the petition, and within a reasonable time shall:
(a) Issue a nonbinding declaratory ruling; or
(b) Notify the petitioner that no declaratory ruling is to be issued; or
(c) Set a reasonable time and place for a hearing or for submission of written evidence on the matter, and give reasonable notification to the petitioner of the time and place for such hearing or submission, and of the issues involved.
(4) Disposition of petition. If a hearing is held or evidence is submitted, the board shall, within a reasonable time:
(a) Issue a binding declaratory ruling; or
(b) Issue a nonbinding declaratory ruling; or
(c) Notify the petitioner that no declaratory ruling is to be issued.
[Statutory Authority: RCW 51.52.020. WSR 98-20-109, § 263-12-180, filed 10/7/98, effective 11/7/98. Statutory Authority: RCW 51.52.104, 51.52.020 and chapters 51.48 and 42.17 RCW. WSR 86-03-021 (Order 20), § 263-12-180, filed 1/10/86; Order 4, § 263-12-180, filed 6/9/72; General Order 2, Rules 12.1-12.4, filed 6/12/63; Subsection (3), General Order 3, Rule 12.3, filed 10/29/65. Formerly WAC 296-12-180.]
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