Revised Code of Washington
Chapter 34.05 - Administrative Procedure Act.
34.05.586 - Defenses, limitations on.

RCW 34.05.586
Defenses, limitations on.

(1) Except as expressly provided in this section, a respondent may not assert as a defense in a proceeding for civil enforcement any fact or issue that the respondent had an opportunity to assert before the agency or a reviewing court and did not, or upon which the final determination of the agency or a reviewing court was adverse to the respondent. A respondent may assert as a defense only the following:
(a) That the rule or order is invalid under RCW 34.05.570(3) (a), (b), (c), (d), (g), or (h), but only when the respondent did not know and was under no duty to discover, or could not reasonably have discovered, facts giving rise to this issue;
(b) That the interest 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 after the respondent has exhausted the last foreseeable opportunity for seeking relief from the agency or from a reviewing court;
(c) That the order does not apply to the respondent or that the respondent has not violated the order; or
(d) A defense specifically authorized by statute to be raised in a civil enforcement proceeding.
(2) The limitations of subsection (1) of this section do not apply to the extent that:
(a) The agency action sought to be enforced is a rule and the respondent has not been a party in an adjudicative proceeding that provided an adequate opportunity to raise the issue; or
(b) The agency action sought to be enforced is an order and the respondent was not notified actually or constructively of the related adjudicative proceeding in substantial compliance with this chapter.
(3) The court, to the extent necessary for the determination of the matter, may take new evidence.

[ 1989 c 175 § 29; 1988 c 288 § 520.]
NOTES:

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.