Revised Code of Washington
Chapter 34.05 - Administrative Procedure Act.
34.05.518 - Direct review by court of appeals.

RCW 34.05.518
Direct review by court of appeals. (Effective until July 1, 2026.)

(1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals upon certification by the superior court pursuant to this section.
Transfer of cases pursuant to this section does not require the filing of a motion for discretionary review with the court of appeals. The superior court may certify cases for transfer to the court of appeals upon finding that:
(a) All parties have consented to the transfer to the court of appeals and agreed that the judicial review can occur based upon the agency record developed before the administrative body without supplementing the record pursuant to RCW 34.05.562; or
(b) One or more of the parties have not consented to the transfer, but the superior court finds that transfer would serve the interest of justice, would not cause substantial prejudice to any party, including any unrepresented party, and further finds that:
(i) The judicial review can occur based upon the agency record developed before the administrative body without supplementing the record pursuant to RCW 34.05.562; or
(ii) The superior court has completed any necessary supplementation of the record pursuant to RCW 34.05.562, such that only issues of law remain for determination.
(2) If the superior court certifies a final decision of an administrative agency in an adjudicative proceeding, the superior court shall transfer the matter to the court of appeals as a direct appeal.
(3) A party contesting a superior court decision granting or denying certification for direct review may file a motion for discretionary review with the court of appeals.

[ 2021 c 305 § 2; 2010 c 211 § 15; 2003 c 393 § 16; 1995 c 382 § 5; 1988 c 288 § 503; 1980 c 76 § 1. Formerly RCW 34.04.133.]
NOTES:

Expiration date—2021 c 305 §§ 2 and 3: "Sections 2 and 3 of this act expire July 1, 2026." [ 2021 c 305 § 8.]


Effective date—2021 c 305: See note following RCW 36.70C.150.


Effective date—Transfer of power, duties, and functions—2010 c 211: See notes following RCW 36.70A.250.


(1) The final decision of an administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals either (a) upon certification by the superior court pursuant to this section or (b) if the final decision is from an environmental board as defined in subsection (3) of this section, upon acceptance by the court of appeals after a certificate of appealability has been filed by the environmental board that rendered the final decision.
(2) For direct review upon certification by the superior court, an application for direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court. The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that:
(a) Fundamental and urgent issues affecting the future administrative process or the public interest are involved which require a prompt determination;
(b) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;
(c) An appeal to the court of appeals would be likely regardless of the determination in superior court; and
(d) The appellate court's determination in the proceeding would have significant precedential value.
Procedures for certification shall be established by court rule.
(3)(a) For the purposes of direct review of final decisions of environmental boards, environmental boards include those boards identified in RCW 43.21B.005 and the growth management hearings board as identified in RCW 36.70A.250.
(b) An environmental board may issue a certificate of appealability if it finds that delay in obtaining a final and prompt determination of the issues would be detrimental to any party or the public interest and either:
(i) Fundamental and urgent statewide or regional issues are raised; or
(ii) The proceeding is likely to have significant precedential value.
(4) The environmental board shall state in the certificate of appealability which criteria it applied, explain how that criteria was met, and file with the certificate a copy of the final decision.
(5) For an appellate court to accept direct review of a final decision of an environmental board, it shall consider the same criteria outlined in subsection (3) of this section.
(6) The procedures for direct review of final decisions of environmental boards include:
(a) Within thirty days after filing the petition for review with the superior court, a party may file an application for direct review with the superior court and serve the appropriate environmental board and all parties of record. The application shall request the environmental board to file a certificate of appealability.
(b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct review on that issue.
(c) The environmental board shall have thirty days to grant or deny the request for a certificate of appealability and its decision shall be filed with the superior court and served on all parties of record.
(d) If a certificate of appealability is issued, the parties shall have fifteen days from the date of service to file a notice of discretionary review in the superior court, and the notice shall include a copy of the certificate of appealability and a copy of the final decision.
(e) If the appellate court accepts review, the certificate of appealability shall be transmitted to the court of appeals as part of the certified record.
(f) If a certificate of appealability is denied, review shall be by the superior court. The superior court's decision may be appealed to the court of appeals.

[ 2021 c 305 § 5; 2010 c 211 § 15; 2003 c 393 § 16; 1995 c 382 § 5; 1988 c 288 § 503; 1980 c 76 § 1. Formerly RCW 34.04.133.]
NOTES:

Effective date—2021 c 305 §§ 5 and 6: "Sections 5 and 6 of this act take effect July 1, 2026." [ 2021 c 305 § 9.]


Effective date—Transfer of power, duties, and functions—2010 c 211: See notes following RCW 36.70A.250.

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