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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 480. Utilities and Transportation Commission |
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Chapter 480-07. Procedural rules. |
Section 480-07-820. Initial and final orders.
Latest version.
- (1) Defined.(a) Initial orders. "Initial orders" dispose of the merits in a proceeding that is conducted before an administrative law judge and are entered over the signature of the administrative law judge. Initial orders include those that grant dispositive motions (e.g., motions to dismiss and motions for summary determination) and orders that resolve contested issues on the basis of the official record in a proceeding. All initial orders are subject to further action by the commission as provided in WAC 480-07-825.(b) Final orders. "Final orders" dispose of the merits of a proceeding following consideration by the commissioners and are entered over the signatures of a majority of the commissioners. Final orders include those that grant dispositive motions (e.g., motions to dismiss and motions for summary determination) and orders that resolve contested issues on the basis of the official record in a proceeding. Final orders may be entered whenever:(i) The commissioners personally preside over a proceeding;(ii) The commissioners enter an order following administrative review of an initial order in response to a timely petition for administrative review;(iii) The commissioners enter an order after the period available for petitions for administrative review and no such petition has been filed;(iv) All of the parties to a proceeding waive their right to an initial order; or(v) The commissioners enter an order following the timely filing of a petition for reconsideration of a final order or a petition for rehearing of a final order.(2) Service. The commission will serve a copy of any initial order and the commission's final order to each party of record and to the party's attorney or other authorized representative pursuant to RCW 34.05.461(9) and WAC 480-07-150(3).(3) Timing. The presiding officer will enter an initial order within sixty days after the commission receives transcripts following the close of the record, hears oral argument (if allowed or required), initial briefs are filed, or reply briefs are filed, whichever occurs last. The commission will enter its final order within ninety days after the commission receives transcripts following the close of the record, hears oral argument (if allowed or required), initial briefs are filed, or reply briefs are filed, or the commission receives a petition for administrative review or an answer to a petition for review, whichever occurs last. The presiding officer or the commission may alter the time for entry of an initial or final order by notice to the parties.
Rules
480-07-825,480-07-150,