Section 200-200-371. Hearing procedure—Suspension and/or revocation of parking privileges and removal, suspension, or revocation from parking waiting list.

(1) Contested hearings held pursuant to WAC 200-200-370 shall be conducted as brief adjudicative proceedings according to RCW 34.05.482, 34.05.485, 34.05.488, 34.05.491 and 34.05.494.

(2) Upon receipt of a written request for a hearing, the presiding officer shall provide the contesting party an opportunity to be informed of the agency's view of the matter and an opportunity to explain the contesting party's view of the matter.

(3) Within ten days of this opportunity, the presiding officer shall serve upon the contesting party and the agency, a brief written statement of the reasons for the decision. Such statement shall include notice that the contesting party may request an agency administrative review of that decision. The contesting party must request such review either orally or in writing within twenty-one days of service of the written statement. Service is deemed to be completed upon deposit in the United States mail as evidenced by the postmark.

(4) If no agency review is so requested by the contesting party, the agency may, on its own motion, review the brief written statement of the presiding officer. Action less favorable to the contesting party may not be taken by the reviewing officer without notice to that party and an opportunity to explain that party's view of the matter.

(5) If no review is taken by the agency or by the contesting party, then the brief written statement of the presiding officer becomes the final order and no further administrative or judicial review is available.

(6) If review is requested, the reviewing officer shall give the contesting party and the agency an opportunity to present their respective views of the matter. Within twenty-one days of receipt of the request for review, the reviewing officer shall issue a final order which includes a brief statement of the reasons for the decision. The final order shall include notice of any judicial review available under the Administrative Procedure Act, chapter 34.05 RCW.

(7) Any of the time limits set forth in this hearing process may be waived by the contesting party.

[Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-371, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-371, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-371, filed 6/5/96, effective 7/6/96. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-371, filed 1/30/92, effective 3/1/92.]

RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-371, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-371, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-371, filed 6/5/96, effective 7/6/96. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-371, filed 1/30/92, effective 3/1/92.

Rules

200-200-370,