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WAC 246-10-124

Preliminary requirements.

(1) An applicant for an initial license or renewal of an existing license is not entitled to an adjudicative proceeding unless the applicant has submitted:
(a) A completed initial application or renewal application, as appropriate; and
(b) All applicable application, examination, or renewal fees payable in connection with such application or license.
(2) An aggrieved applicant is not entitled to an adjudicative proceeding with respect to the denial of an application submitted under chapter 246-290, 246-291, or 246-295 WAC unless the applicant has submitted to the district engineer or other departmental employee responsible for reviewing the submittal, a certification that, to the best of the applicant's knowledge and belief, the submittal is complete and demonstrates compliance with the state's drinking water regulations. Certification with respect to water system plans, project reports, construction documents and other submittals requiring preparational review by a licensed professional engineer must be provided on behalf of the applicant by the licensed professional engineer preparing or reviewing the submittal. Failure to comply with these preliminary requirements will result in the denial of the application for adjudicative proceeding without further review.
(3) An affected party is not entitled to an adjudicative proceeding with respect to a decision made under WAC 246-293-190 unless:
(a) Except with respect to a county legislative authority, the applicant has complied with all preliminary requirements established under the coordinated water system plan approved by the county legislative authority and the department or, if the critical water supply service area's external boundaries have been approved but a coordinated water system plan has not been approved and adopted, then with any interim requirements imposed by the county legislative authority; and
(b) Within sixty days of the department's receipt of the request for an adjudicative proceeding, the applicant submits copies of the complete record of all proceedings conducted under the applicable coordinated water system plan or interim requirements. If such proceedings were taped or otherwise recorded, the record submitted to the department must include a transcript of the hearing or hearings which must be prepared and certified as correct by a registered professional court reporter.
(4) Failure to comply with the preliminary requirements outlined in subsection (3)(a) and (b) of this section will result in a denial of the hearing application without further review.
(5) Proceedings under WAC 246-293-430.
(a) An adjudicative proceeding will not be conducted with respect to a departmental decision made under WAC 246-293-430 unless, within sixty days of the department's receipt of the request for an adjudicative proceeding, the applicant has, at his or her own expense, submitted a transcript of the hearing conducted under WAC 246-293-430 from tapes or other record of the hearing which the department shall make available for that purpose. The transcript will be prepared and certified as correct by a registered professional court reporter. Failure to comply with preliminary requirements established under this section shall result in the dismissal of the hearing application without further review.
(b) If a request for an adjudicative proceeding has been timely filed under this section and a transcript of the record has been timely submitted, the department shall promptly provide the presiding officer with copies of all documents and exhibits admitted at the hearing conducted under WAC 246-293-430.
(c) The departmental employee responsible for the department's decision under WAC 246-293-430 shall provide a copy of his or her decision to the presiding officer and may submit documents or evidence not made part of the record at the hearing conducted under WAC 246-293-430. Copies of all such documents shall be provided to all other parties involved in the proceeding.
[Statutory Authority: RCW 43.70.040, 34.05.220, 34.05.410, 18.130.050, and 34.05.413 through 34.05.476. WSR 18-18-049, § 246-10-124, filed 8/29/18, effective 9/29/18. Statutory Authority: RCW 18.130.050 and 43.70.040. WSR 96-21-027, § 246-10-124, filed 10/7/96, effective 11/7/96. Statutory Authority: RCW 43.70.040. WSR 94-04-079, § 246-10-124, filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-124, filed 6/3/93, effective 7/4/93.]
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