Revised Code of Washington
Chapter 34.05 - Administrative Procedure Act.
34.05.422 - Rate changes, licenses.

RCW 34.05.422
Rate changes, licenses.

(1) Unless otherwise provided by law: (a) Applications for rate changes and uncontested applications for licenses may, in the agency's discretion, be conducted as adjudicative proceedings; (b) applications for licenses that are contested by a person having standing to contest under the law and review of denials of applications for licenses or rate changes must be conducted as adjudicative proceedings; and (c) an agency may not revoke, suspend, or modify a license unless the agency gives notice of an opportunity for an appropriate adjudicative proceeding in accordance with this chapter or other statute.
(2) An agency with authority to grant or deny a professional or occupational license must notify an applicant for a new or renewal license not later than twenty days prior to the date of the examination required for that license of any grounds for denial of the license which are based on specific information disclosed in the application submitted to the agency. The agency must notify the applicant either that the license is denied or that the decision to grant or deny the license will be made at a future date. If the agency fails to give the notification prior to the examination and the applicant is denied licensure, the examination fee must be refunded to the applicant. If the applicant takes the examination, the agency must notify the applicant of the result.
(3) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, an existing full, temporary, or provisional license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
(4) If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings must be promptly instituted and determined.
(5) This section does not apply to requests made by the department of revenue, under the authority of RCW 82.08.155, to the *liquor control board to suspend a person's spirits license and to refuse to renew any spirits license held by the person and to issue any new spirits license to the person.

[ 2012 c 39 § 6; 1989 c 175 § 13; 1988 c 288 § 405; 1980 c 33 § 1; 1967 c 237 § 8. Formerly RCW 34.04.170.]
NOTES:

*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 § 3.


Construction—Effective date—2012 c 39: See notes following RCW 82.08.155.


Effective date—1989 c 175: See note following RCW 34.05.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 34 - Administrative Law

Chapter 34.05 - Administrative Procedure Act.

34.05.001 - Legislative intent.

34.05.010 - Definitions.

34.05.020 - Savings—Authority of agencies to comply with chapter—Effect of subsequent legislation.

34.05.030 - Exclusions from chapter or parts of chapter.

34.05.040 - Operation of chapter if in conflict with federal law.

34.05.050 - Waiver.

34.05.060 - Informal settlements.

34.05.070 - Conversion of proceedings.

34.05.080 - Variation from time limits.

34.05.090 - Forest practices board—Emergency rules.

34.05.100 - Respectful language.

34.05.110 - Violations of state law or agency rule by small businesses—Notice requirements—Waiver of penalty for first-time paperwork violations.

34.05.120 - Extension of rights and responsibilities—State registered domestic partnerships.

34.05.210 - Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.

34.05.220 - Rules for agency procedure—Indexes of opinions and statements.

34.05.230 - Interpretive and policy statements.

34.05.240 - Declaratory order by agency—Petition.

34.05.250 - Model rules of procedure.

34.05.260 - Electronic distribution.

34.05.270 - Agency websites for rule-making information.

34.05.271 - Department of fish and wildlife—Significant agency action—Identification and categorization of sources of information used.

34.05.272 - Department of ecology—Significant agency action—Identification and categorization of sources of information used.

34.05.310 - Prenotice inquiry—Negotiated and pilot rules.

34.05.312 - Rules coordinator.

34.05.313 - Feasibility studies—Pilot projects.

34.05.314 - Rules development agenda.

34.05.315 - Rule-making docket.

34.05.320 - Notice of proposed rule—Contents—Distribution by agency—Institutions of higher education.

34.05.322 - Scope of rule-making authority.

34.05.325 - Public participation—Concise explanatory statement.

34.05.328 - Significant legislative rules, other selected rules.

34.05.330 - Petition for adoption, amendment, repeal—Agency action—Appeal.

34.05.335 - Withdrawal of proposal—Time and manner of adoption.

34.05.340 - Variance between proposed and final rule.

34.05.345 - Failure to give twenty days notice of intended action—Effect.

34.05.350 - Emergency rules and amendments.

34.05.353 - Expedited rule making.

34.05.360 - Order adopting rule, contents.

34.05.362 - Postadoption notice.

34.05.365 - Incorporation by reference.

34.05.370 - Rule-making file.

34.05.375 - Substantial compliance with procedures.

34.05.380 - Filing with code reviser—Written record—Effective dates.

34.05.385 - Rules for rule making.

34.05.390 - Style, format, and numbering—Agency compliance.

34.05.395 - Format and style of amendatory and new sections—Failure to comply.

34.05.410 - Application of Part IV.

34.05.413 - Commencement—When required.

34.05.416 - Decision not to conduct an adjudication.

34.05.419 - Agency action on applications for adjudication.

34.05.422 - Rate changes, licenses.

34.05.425 - Presiding officers—Disqualification, substitution.

34.05.428 - Representation.

34.05.431 - Conference—Procedure and participation.

34.05.434 - Notice of hearing.

34.05.437 - Pleadings, briefs, motions, service.

34.05.440 - Default.

34.05.443 - Intervention.

34.05.446 - Subpoenas, discovery, and protective orders.

34.05.449 - Procedure at hearing.

34.05.452 - Rules of evidence—Cross-examination.

34.05.455 - Ex parte communications.

34.05.458 - Separation of functions.

34.05.461 - Entry of orders.

34.05.464 - Review of initial orders.

34.05.467 - Stay.

34.05.470 - Reconsideration.

34.05.473 - Effectiveness of orders.

34.05.476 - Agency record.

34.05.479 - Emergency adjudicative proceedings.

34.05.4791 - Secure community transition facility—Proceeding concerning public safety measures.

34.05.482 - Brief adjudicative proceedings—Applicability.

34.05.485 - Brief adjudicative proceedings—Procedure.

34.05.488 - Brief proceedings—Administrative review—Applicability.

34.05.491 - Brief proceedings—Administrative review—Procedures.

34.05.494 - Agency record in brief proceedings.

34.05.510 - Relationship between this chapter and other judicial review authority.

34.05.514 - Petition for review—Where filed.

34.05.518 - Direct review by court of appeals.

34.05.522 - Refusal of review by court of appeals.

34.05.526 - Appellate review by supreme court or court of appeals.

34.05.530 - Standing.

34.05.534 - Exhaustion of administrative remedies.

34.05.542 - Time for filing petition for review.

34.05.546 - Petition for review—Contents.

34.05.550 - Stay and other temporary remedies.

34.05.554 - Limitation on new issues.

34.05.558 - Judicial review of facts confined to record.

34.05.562 - New evidence taken by court or agency.

34.05.566 - Agency record for review—Costs.

34.05.570 - Judicial review.

34.05.574 - Type of relief.

34.05.578 - Petition by agency for enforcement.

34.05.582 - Petition by others for enforcement.

34.05.586 - Defenses, limitations on.

34.05.588 - Enforcement of agency subpoena.

34.05.590 - Incorporation of other judicial review provisions.

34.05.594 - Review by higher court.

34.05.598 - Frivolous petitions.

34.05.610 - Joint administrative rules review committee—Members—Appointment—Terms—Vacancies.

34.05.620 - Review of proposed rules—Notice.

34.05.630 - Review of existing rules—Policy and interpretive statements, etc.—Notice—Hearing.

34.05.640 - Committee objections to agency intended action—Statement in register and WAC—Suspension of rule.

34.05.650 - Recommendations by committee to legislature.

34.05.655 - Petition for review.

34.05.660 - Review and objection procedures—No presumption established.

34.05.665 - Submission of rule for review—State employees protected.

34.05.671 - Reports—Advisory boards—Staff.

34.05.675 - Inspection of properties—Oaths, subpoenas, witnesses, depositions.

34.05.681 - Enforcement—Committee subpoena—Refusal to testify.

34.05.900 - Captions and headings.

34.05.902 - Effective date—Application—1988 c 288.