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WAC 204-50-150

Hearing procedure.

(1) Hearings under this chapter will be pursuant to chapters 34.05 RCW and 10-08 WAC as supplemented by this section.
(2) A presiding officer will conduct a hearing and any prehearing conference(s).
(3) The burden of proof in any hearing will be on the applicant seeking the letter of certification, or on the person or agency seeking the suspension or revocation of a letter of certification or other action by the chief or designee.
(4) Oral proceedings must be recorded by the method chosen by the chief or designee and such recording will become part of the hearing record.
(5) The following process applies to administrative hearings under this chapter:
(a) The patrol will notify the assistant attorney general of the petitioner's request for an administrative hearing.
(b) The assistant attorney general will draft an administrative complaint and send it to the petitioner and to the office of administrative hearings.
(c) The office of administrative hearings will schedule a hearing date, and will notify the petitioner, assistant attorney general, and patrol in writing of the hearing date, time, and location.
(d) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings.
(e) At the hearing, the assistant attorney general will present witnesses and other evidence on behalf of the patrol.
(f) At the hearing, the petitioner may be represented by an attorney or may choose to represent himself or herself. The petitioner or his/her attorney will be allowed to present witnesses and other evidence.
(g) Nothing in this section will prevent the parties from resolving the administrative matter by settlement agreement prior to conclusion of the administrative hearing.
(6) Initial and final order. At the conclusion of the hearing, the administrative law judge will prepare an initial order and send it to the petitioner and the assistant attorney general.
(a) Either the petitioner or the assistant attorney general, or both, may file a petition for review of the initial order with the patrol within twenty days of the date of service of the initial order. A petition for review must:
(i) Specify the portions of the initial order to which exception is taken;
(ii) Refer to the evidence of record which is relied upon to support the petition; and
(iii) Be filed with the patrol within twenty days of the date of service of the initial order.
(b) A party on whom a petition for review has been served may, within ten days of the date of service, file a reply to the petition. Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.
(c) The administrative record, the initial order, and any exceptions filed by the parties will be submitted to the chief or his/her designee for review. Following this review, the chief or his/her designee will enter a final order that is appealable under the provisions of chapter 34.05 RCW.
[Statutory Authority: RCW 43.43.395, 46.37.005, and 46.04.215. WSR 10-24-074, ยง 204-50-150, filed 11/30/10, effective 1/1/11.]
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