RCW 34.05.574
Type of relief.
(1) In a review under RCW 34.05.570, the court may (a) affirm the agency action or (b) order an agency to take action required by law, order an agency to exercise discretion required by law, set aside agency action, enjoin or stay the agency action, remand the matter for further proceedings, or enter a declaratory judgment order. The court shall set out in its findings and conclusions, as appropriate, each violation or error by the agency under the standards for review set out in this chapter on which the court bases its decision and order. In reviewing matters within agency discretion, the court shall limit its function to assuring that the agency has exercised its discretion in accordance with law, and shall not itself undertake to exercise the discretion that the legislature has placed in the agency. The court shall remand to the agency for modification of agency action, unless remand is impracticable or would cause unnecessary delay.
(2) The sole remedy available to a person who is wrongfully denied licensure based upon a failure to pass an examination administered by a state agency, or under its auspices, is the right to retake the examination free of the defect or defects the court may have found in the examination or the examination procedure.
(3) The court may award damages, compensation, or ancillary relief only to the extent expressly authorized by another provision of law.
(4) If the court sets aside or modifies agency action or remands the matter to the agency for further proceedings, the court may make any interlocutory order it finds necessary to preserve the interests of the parties and the public, pending further proceedings or agency action.
[ 1989 c 175 § 28; 1988 c 288 § 517.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
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.