Revised Code of Washington
Chapter 21.20 - Securities Act of Washington.
21.20.440 - Judicial review of order—Modification of order by director on additional evidence.

RCW 21.20.440
Judicial review of order—Modification of order by director on additional evidence.

Any person aggrieved by a final order of the director may obtain a review of the order in the county in which that person resides or in any other court of competent jurisdiction by filing in court, within sixty days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition shall be forthwith served upon the director, and thereupon the director shall certify and file in court a copy of the filing, testimony, and other evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part. No objection to the order may be considered by the court unless it was urged before the director or there were reasonable grounds for failure to do so. The findings of the director as to the facts, if supported by substantial evidence, are conclusive. If either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearing before the director, the court may order the additional evidence to be taken before the director and to be adduced upon the hearing in such manner and upon such conditions as the court may consider proper. The director may modify his or her findings by reason of the additional evidence so taken; and the director shall file any modified or new findings, which if supported by substantial evidence shall be conclusive, and any recommendation for the modification or setting aside of the original order. The commencement of proceedings under this section does not, unless specifically ordered by the court, operate as a stay of the director's order.

[ 1979 ex.s. c 68 § 32; 1959 c 282 § 44.]

Structure Revised Code of Washington

Revised Code of Washington

Title 21 - Securities and Investments

Chapter 21.20 - Securities Act of Washington.

21.20.005 - Definitions.

21.20.010 - Unlawful offers, sales, purchases.

21.20.020 - Unlawful acts of person advising another.

21.20.030 - Unlawful acts of investment adviser.

21.20.035 - Unlawful purchases or sales for customer's account.

21.20.037 - Variable contracts—Registration required—Rules.

21.20.040 - Registration and notification required—Exemptions.

21.20.050 - Application for registration—Filing of documents—Consent to service of process—Fee.

21.20.060 - Contents of application for registration—Capital requirements.

21.20.070 - When registration effective—Requirements determined by rule.

21.20.080 - Duration of registration—Association with issuer, broker-dealer, federal covered adviser, or investment adviser—Notice to director—Extension of licensing period.

21.20.090 - Renewal of registration—Financial reports—Application for a successor.

21.20.100 - Accounts, correspondence, memoranda, papers, books, and other records—Release of information—Correction of filed document—Examination.

21.20.110 - Director may deny, suspend, revoke, restrict, condition, or limit any application or registration—Director may censure or fine registrant—Grounds—Procedures—Costs—Accounting.

21.20.120 - Denial, suspension, revocation of registration—Order—Request for, notice of hearing—Findings and conclusions.

21.20.130 - Cancellation of registration or application—Grounds.

21.20.135 - License as salesperson or broker-dealer prerequisite to suit for commission.

21.20.140 - Unlawful to offer or sell unregistered securities—Exceptions.

21.20.180 - Registration by coordination—Requirements—Statement, contents.

21.20.190 - Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification.

21.20.200 - Failure to notify of price amendment, proof of compliance—Stop order—Waiver of certain conditions.

21.20.210 - Registration by qualification—Statements—Requirements—Audits.

21.20.220 - Information not required when nonissuer distribution.

21.20.230 - Time of taking effect of registration statement by qualification—Conditions.

21.20.240 - Registration statements—Generally.

21.20.250 - Registration by qualification or coordination—Escrow—Impounding proceeds.

21.20.260 - Registration by coordination or qualification—Offer and sale—Duration of effectiveness.

21.20.270 - Reports by filer of statement—Annual financial statements.

21.20.275 - Pending registration—Notice of termination—Application for continuation.

21.20.280 - Stop orders—Grounds.

21.20.290 - Stop order prohibited if facts known on effective date of statement.

21.20.300 - Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc.

21.20.310 - Securities exempt from registration.

21.20.320 - Exempt transactions.

21.20.325 - Denial, revocation, condition, of exemptions—Authority—Procedure.

21.20.327 - Required filings—Consent to service—Failure to comply—Rules—Fees.

21.20.330 - Consent to service of process—Service, how made.

21.20.340 - Fees—Disposition.

21.20.350 - False or misleading statements in filed documents.

21.20.360 - Filing, registration, statement, exemption not conclusive as to truth or completeness—Unlawful representations.

21.20.370 - Investigations—Statement of facts relating to investigation may be permitted—Publication of information—Use of criminal history record information.

21.20.377 - Subpoena authority—Application—Contents—Notice—Fees.

21.20.380 - Oaths—Subpoenas—Assisting another state—Compelling obedience—Punishment.

21.20.390 - Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages—Costs—Accounting.

21.20.395 - Administrative action—Hearing—Judicial review—Judgment.

21.20.400 - Penalty for violation of chapter—Limitation of actions.

21.20.410 - Attorney general, prosecuting attorney may institute criminal proceeding—Referral of evidence by director.

21.20.420 - Criminal punishment, chapter not exclusive.

21.20.430 - Civil liabilities—Survival, limitation of actions—Waiver of chapter void—Scienter.

21.20.435 - Assurance of discontinuance of violations—Acceptance—Filing.

21.20.440 - Judicial review of order—Modification of order by director on additional evidence.

21.20.450 - Administration of chapter—Rules and forms, publication—Cooperation with other state and federal authorities.

21.20.460 - Administrator of securities—Appointment, qualifications, term, etc.

21.20.470 - Compensation, travel expenses of administrator and employees.

21.20.480 - Unlawful use or disclosure of filed information.

21.20.490 - No liability under chapter for act in good faith.

21.20.500 - Administrative hearings public—Exception.

21.20.510 - Document filed when received—Register—Inspection of register, information, etc.

21.20.520 - Copies of entries, documents to be furnished—Copies as prima facie evidence.

21.20.530 - Interpretative opinions by director.

21.20.540 - Exemptions, exceptions, and preemptions—Burden of proof.

21.20.700 - Investigations and examinations—Additional authority—Scope.

21.20.702 - Suitability of recommendation—Reasonable grounds required.

21.20.810 - Application of chapter not limited.

21.20.855 - Examination reports and information—Exempt from public disclosure—Use in civil actions.

21.20.860 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

21.20.880 - Small securities offerings—Exemptions—Annual reports—Disqualification provisions—Rules.

21.20.900 - Construction to secure uniformity.

21.20.910 - Saving—Civil, criminal proceedings.

21.20.915 - Saving—Prior effective registrations.

21.20.920 - Application of prior law.

21.20.925 - Judicial review of prior administrative orders.

21.20.930 - Solicitation permits under insurance laws not limited.

21.20.935 - Repealer.

21.20.940 - Short title.