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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 98. Licensing, Department of (Cemetery Board) |
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Chapter 98-08. Practice and procedure. |
Section 98-08-015. Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings.
Latest version.
- (1) At least five days before the scheduled brief adjudicative proceeding, any party, including the board, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the board.(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:(a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;(c) Whether a brief adjudicative proceeding will establish an adequate record for further agency or judicial review;(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency;(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and(f) Any other factors that the presiding officer deems relevant in reaching a determination.