Section 246-11-420. Application of brief adjudicative proceedings.  


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  • (1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:
    (a) A determination whether an applicant for a license meets the minimum criteria for an unrestricted license and the board proposes to deny such a license or to issue a restricted license;
    (b) A determination whether a person is in compliance with the terms and conditions of a final order previously issued by the board;
    (c) Any approval of a school or curriculum when such approval by the board is required by statute or rule; and
    (d) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal.
    (2) If an adjudicative proceeding is requested in a matter not listed in subsection (1) of this section, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that:
    (a) Only legal issues exist; or
    (b) Both parties have agreed to a brief proceeding; and
    (c) The protection of the public interest does not require that the board provide notice and an opportunity to participate to persons other than the parties.
    [Statutory Authority: RCW 18.130.050(1) and 18.130.060(3). WSR 94-04-078, § 246-11-420, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 18.130.050(1) and 34.05.482. WSR 93-08-003 (Order 347), § 246-11-420, filed 3/24/93, effective 4/24/93.]
RCW 18.130.050(1) and 18.130.060(3). WSR 94-04-078, § 246-11-420, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 18.130.050(1) and 34.05.482. WSR 93-08-003 (Order 347), § 246-11-420, filed 3/24/93, effective 4/24/93.