Section 308-103-190. Reconsideration and appeals.

(1) The petitioner's rights to appeal are provided in RCW 46.20.308(8), and nothing herein is intended to detract from that statute.

(2) Grounds for a petition for reconsideration are limited to evidence or legal argument which are material to the petitioner and were not produced at the time of the hearing, or for other good and sufficient reason as determined by the hearing officer.

(3) The petition must state with particularity any new evidence or new legal argument that is proposed and why it could not have been discovered using due diligence prior to the hearing. The petition must specify with particularity the portions of the initial order to which the petition applies.

(4) A petition for reconsideration of a final order shall be filed with the hearing officer who signed that final order, within ten days of the date the final order is mailed to the petitioner.

(5) The petition shall be reviewed by the hearing officer who entered the original final order, if reasonably available. If the original hearing officer assigned to the case is unavailable, the department, within its discretion, may assign the case to another hearing officer to preside over the motion. The disposition shall be in the form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further hearing.

(6) If the petition is granted in whole or in part, a new order shall be issued in the same form as the original order, and shall include the designation "amended" in its title. This amended order shall reference the petition for reconsideration in its preamble, which sets out what the hearing officer considered. Any amended order shall include the "Findings of Fact and Conclusions of Law" from the original final order with amendments.

(7) The relief granted pursuant to a petition for reconsideration is limited to review of the designated evidence and/or argument as identified in the petition. At the hearing officer's discretion, a supplemental hearing may be scheduled. Such a petition is not grounds for a new hearing, and the record already established shall remain undisturbed.

(8) A petition for reconsideration does not stay the department's action on the petitioner's driving privilege as ordered by the original final order. A petitioner seeking a stay must file a separate petition for that purpose. The hearing officer will grant a stay only if the hearing officer determines that it is likely that the petitioner will prevail and the action be reversed and that denying the stay will create irreparable harm to the petitioner. If the hearing officer grants such a petition for a stay, the hearing officer shall sign an order releasing the action and crediting any time already served, and subsequently sign an order sustaining or reversing the action, as determined by the amended final order. Disposition denying a stay is not subject to review.

(9) An amended final order shall be issued either denying reconsideration or, in the event reconsideration is granted, dissolving or modifying the original final order. The date of the amended final order begins the thirty-day period for the petitioner to appeal the amended final order, and there is no longer a right to appeal the original final order.

(10) The filing of a petition for reconsideration is not a prerequisite for filing an appeal. An order denying reconsideration is not subject to appeal.

[Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 15-15-070, § 308-103-190, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-103-190, filed 7/14/06, effective 8/14/06. Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-103-190, filed 5/3/02, effective 6/3/02.]

RCW 46.01.110 and 46.20.308. WSR 15-15-070, § 308-103-190, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-103-190, filed 7/14/06, effective 8/14/06. Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-103-190, filed 5/3/02, effective 6/3/02.