WAC 446-105-260

(1) Any party may file a petition for reconsideration of a final order as specified in RCW 34.05.470.

(a) A petition for reconsideration must be served upon the opposing party and filed with the OAH within 10 days of service of the final order.

(b) Unless denied under (c) of this subsection, the petition will be reviewed by the same administrative law judge who entered the order, if reasonably available.

(c) A petition for reconsideration is deemed denied if, within 20 days of the date it is filed, the administrative law judge:

(i) Denies the petition;

(ii) Does not act upon the petition; or

(iii) Does not serve the parties the date by which the administrative law judge will act on the petition.

(d) If the administrative law judge determines to act upon the petition, the opposing party must be provided at least seven business days in which to file a response.

(e) Reconsideration is limited to the evidence and arguments included in the hearing record. Additional evidence may not be considered unless the administrative law judge reopens the record after notifying the parties.

(f) The petition will be resolved by written order, which may deny the petition, grant the petition and modify or dissolve the final order, or grant the petition and set the matter for future hearing.

(2) A petitioner may appeal a final order to superior court as specified in chapter 34.05 RCW.

If a petition for reconsideration is timely filed and complies with the procedural requirements, the time for filing a petition for judicial review does not begin until the agency has served the written order as described in subsection (1)(f) of this section.