34.05.452 – Rules of evidence—Cross-examination.
RCW 34.05.452 Rules of evidence—Cross-examination. (1) Evidence, including hearsay evidence, is admissible if in the judgment of the presiding officer it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The presiding officer shall exclude evidence that is excludable on constitutional or statutory grounds […]
34.05.455 – Ex parte communications.
RCW 34.05.455 Ex parte communications. (1) [(a)] A presiding officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining an orderly process, with any person employed by the agency without notice and opportunity for all parties to participate, except as provided in this […]
34.05.458 – Separation of functions.
RCW 34.05.458 Separation of functions. (1) A person who has served as investigator, prosecutor, or advocate in an adjudicative proceeding or in its preadjudicative stage, or one who is subject to the authority, direction, or discretion of such a person, may not serve as a presiding officer in the same proceeding. (2) A person, including […]
34.05.461 – Entry of orders.
RCW 34.05.461 Entry of orders. (1) Except as provided in subsection (2) of this section: (a) If the presiding officer is the agency head or one or more members of the agency head, the presiding officer may enter an initial order if further review is available within the agency, or a final order if further […]
34.05.464 – Review of initial orders.
RCW 34.05.464 Review of initial orders. (1) As authorized by law, an agency may by rule provide that initial orders in specified classes of cases may become final without further agency action unless, within a specified period, (a) the agency head upon its own motion determines that the initial order should be reviewed, or (b) […]
34.05.467 – Stay.
RCW 34.05.467 Stay. A party may submit to the presiding or reviewing officer, as is appropriate to the stage of the proceeding, a petition for stay of effectiveness of a final order within ten days of its service unless otherwise provided by statute or stated in the final order. Disposition of the petition for stay […]
34.05.470 – Reconsideration.
RCW 34.05.470 Reconsideration. (1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested. The place of filing and other procedures, if any, shall be specified by agency rule. (2) No petition for reconsideration may stay the effectiveness […]
34.05.443 – Intervention.
RCW 34.05.443 Intervention. (1) The presiding officer may grant a petition for intervention at any time, upon determining that the petitioner qualifies as an intervenor under any provision of law and that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings. (2) If […]
34.05.446 – Subpoenas, discovery, and protective orders.
RCW 34.05.446 Subpoenas, discovery, and protective orders. (1) The presiding officer may issue subpoenas and may enter protective orders. A subpoena may be issued with like effect by the agency or the attorney of record in whose behalf the witness is required to appear. (2) An agency may by rule determine whether or not discovery […]
34.05.413 – Commencement—When required.
RCW 34.05.413 Commencement—When required. (1) Within the scope of its authority, an agency may commence an adjudicative proceeding at any time with respect to a matter within the agency’s jurisdiction. (2) When required by law or constitutional right, and upon the timely application of any person, an agency shall commence an adjudicative proceeding. (3) An […]