WAC 420-04-080: Declaratory order—Petition requisites—Consideration—Disposition

Link to law: http://apps.leg.wa.gov/wac/default.aspx?cite=420-04-080
Published: 2015

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WACs > Title 420 > Chapter 420-04 > Section 420-04-080











420-04-070    

420-04-085







No agency filings affecting this section since 2003







WAC 420-04-080









Declaratory order—Petition requisites—Consideration—Disposition.









(1) Any person may submit a petition for a declaratory order pursuant to RCW 34.05.240 in any written form so long as it:
(a) Clearly states the question the declaratory order is to answer; and
(b) Provides a statement of the facts which raise the question.
(2) The director may conduct an independent investigation in order to fully develop the relevant facts.
(3) The director shall present the petition to the board at the first meeting when it is practical to do so and will provide the petitioner with at least five days notice of the time and place of such meeting. Such notice may be waived by the petitioner.
(4) The petitioner may present additional material and/or argument at any time prior to the issuance of the declaratory order.
(5) The board may issue either a binding or a nonbinding order or decline to issue any order.
(6) The board may decide that a public hearing would assist its deliberations and decisions. If such a hearing is ordered, it will be placed on the agenda of a meeting and at least five days notice of such meeting shall be provided to the petitioner.
(7) If an order is to be issued, the petitioner shall be provided a copy of the proposed order and invited to comment.
(8) The declaratory order cannot be a substitute for a compliance action and is intended to be prospective in effect.
(9) The board will decline to consider a petition for a declaratory or to issue an order when:
(a) The petition requests advice regarding a factual situation which has actually taken place; or
(b) When a pending investigation or compliance action involves a similar factual situation.
[Statutory Authority: RCW 42.17.250, [42.17].260(5), [42.17.]290, 43.21C.120(1), chapters 34.05, 42.30, 77.85 RCW. WSR 01-04-052, § 420-04-080, filed 2/2/01, effective 3/5/01.]