34.05.586 – Defenses, limitations on.
RCW 34.05.586 Defenses, limitations on. (1) Except as expressly provided in this section, a respondent may not assert as a defense in a proceeding for civil enforcement any fact or issue that the respondent had an opportunity to assert before the agency or a reviewing court and did not, or upon which the final determination […]
34.05.588 – Enforcement of agency subpoena.
RCW 34.05.588 Enforcement of agency subpoena. (1) If a person fails to obey an agency subpoena issued in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the agency or attorney issuing the subpoena may petition the superior court of any county where […]
34.05.590 – Incorporation of other judicial review provisions.
RCW 34.05.590 Incorporation of other judicial review provisions. Proceedings for civil enforcement are governed by the following provisions of this chapter on judicial review, as modified where necessary to adapt them to those proceedings: (1) RCW 34.05.510(2) (ancillary procedural matters); and (2) RCW 34.05.566 (agency record for judicial review). [ 1988 c 288 § 521.]
34.05.558 – Judicial review of facts confined to record.
RCW 34.05.558 Judicial review of facts confined to record. Judicial review of disputed issues of fact shall be conducted by the court without a jury and must be confined to the agency record for judicial review as defined by this chapter, supplemented by additional evidence taken pursuant to this chapter. [ 1988 c 288 § […]
34.05.562 – New evidence taken by court or agency.
RCW 34.05.562 New evidence taken by court or agency. (1) The court may receive evidence in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding: (a) Improper constitution […]
34.05.514 – Petition for review—Where filed.
RCW 34.05.514 Petition for review—Where filed. (1) Except as provided in subsections (2) through (4) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner’s option, for (a) Thurston county, (b) the county of […]
34.05.518 – Direct review by court of appeals.
RCW 34.05.518 Direct review by court of appeals. (Effective until July 1, 2026.) (1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals upon certification by the superior court pursuant to this section. Transfer of cases pursuant to this section does […]
34.05.522 – Refusal of review by court of appeals.
RCW 34.05.522 Refusal of review by court of appeals. (Effective until July 1, 2026.) The court of appeals may refuse to accept direct review of a case pursuant to RCW 34.05.518 if it finds that the case does not meet the applicable standard in RCW 34.05.518. The refusal to accept such review is not subject […]
34.05.526 – Appellate review by supreme court or court of appeals.
RCW 34.05.526 Appellate review by supreme court or court of appeals. An aggrieved party may secure appellate review of any final judgment of the superior court under this chapter by the supreme court or the court of appeals. The review shall be secured in the manner provided by law for review of superior court decisions […]
34.05.530 – Standing.
RCW 34.05.530 Standing. A person has standing to obtain judicial review of agency action if that person is aggrieved or adversely affected by the agency action. A person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present: (1) The agency action has prejudiced […]