RCW 34.05.554
Limitation on new issues.
(1) Issues not raised before the agency may not be raised on appeal, except to the extent that:
(a) The person did not know and was under no duty to discover or could not have reasonably discovered facts giving rise to the issue;
(b) The agency action subject to judicial review is a rule and the person has not been a party in adjudicative proceedings that provided an adequate opportunity to raise the issue;
(c) The agency action subject to judicial review is an order and the person was not notified of the adjudicative proceeding in substantial compliance with this chapter; or
(d) The interests of justice would be served by resolution of an issue arising from:
(i) A change in controlling law occurring after the agency action; or
(ii) Agency action occurring after the person exhausted the last feasible opportunity for seeking relief from the agency.
(2) The court shall remand to the agency for determination any issue that is properly raised pursuant to subsection (1) of this section.
[ 1988 c 288 § 512.]
Structure Revised Code of Washington
Chapter 34.05 - Administrative Procedure Act.
34.05.001 - Legislative intent.
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.
34.05.060 - 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.
34.05.120 - Extension of rights and responsibilities—State registered domestic partnerships.
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.
34.05.310 - 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.
34.05.322 - 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.
34.05.375 - 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.
34.05.431 - Conference—Procedure and participation.
34.05.434 - Notice of hearing.
34.05.437 - Pleadings, briefs, motions, service.
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.
34.05.464 - Review of initial orders.
34.05.473 - Effectiveness of orders.
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.
34.05.534 - 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.
34.05.578 - 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.
34.05.650 - 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.