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WAC 446-105-210

What discovery is allowed in a formal adjudicative proceeding?

WAC 446-105-210
The parties should informally exchange information and documents relating to the case prior to the adjudicative proceeding. Formal discovery will be available only as follows:
(1) Methods and scope.
(a) The administrative law judge may only allow discovery regarding issues relevant to the subject matter in the pending action. Written discovery may be permitted only at the discretion of the administrative law judge.
(b) The administrative law judge has the power to control the nature and frequency of discovery permitted, and to order discovery conferences to discuss discovery issues.
(c) The administrative law judge shall limit discovery if:
(i) The discovery sought is unreasonably cumulative or duplicative, or can be obtained from another source that is more convenient, less burdensome, or less expensive; or
(ii) The request would be overly burdensome or expensive considering the needs of the case, the parties' resources, and the importance of the issues.
(2) Limitation on discovery. In addition to limitations on discovery, set forth in subsection (1) of this section, discovery does not include:
(a) Depositions; or
(b) Information or documents relating to work zone speed safety camera infractions issued to any person or entity other than the petitioner.
[Statutory Authority: RCW 46.63.200. WSR 26-16-005, s 446-105-210, filed 7/23/26, effective 8/23/26; WSR 25-03-026, s 446-105-210, filed 1/7/25, effective 2/7/25.]