Revised Code of Washington
Wash. Rev. Code § 34.05.030 (2026)
✓ current as of May 2026
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(1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons [clemency and pardons board], or
(c) The department of corrections or the indeterminate sentencing [sentence] review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies.
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources board, the director of financial management, and the department of enterprise services when carrying out their duties under chapter 41.06 RCW;
(e) To adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261;
(f) To actions to implement the provisions of chapter 70A.02 RCW, except as specified in RCW 70A.02.130; or
(g) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to:
(a) Reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW; and
(b) Adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the administrative procedure act, shall be subject to the entire act.
[ 2021 c 314 s 24; 2015 3rd sp.s. c 1 s 309; 2011 1st sp.s. c 43 s 431; 2006 c 300 s 4; 2002 c 354 s 225; 1994 c 39 s 1; 1993 c 281 s 15; 1989 c 175 s 2; 1988 c 288 s 103; 1984 c 141 s 8; 1982 c 221 s 6; 1981 c 64 s 2; 1979 c 158 s 90; 1971 ex.s. c 57 s 17; 1971 c 21 s 1; 1967 ex.s. c 71 s 1; 1967 c 237 s 7; 1963 c 237 s 1; 1959 c 234 s 15. Formerly RCW 34.04.150.]
Notes:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective dates—Contingent effective date—2006 c 300: See note following RCW 82.04.261.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
(1) This chapter shall not apply to:
(a) The state militia; or
(b) The clemency and pardons board; or
(c) The department of corrections or the indeterminate sentencing [sentence] review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies; or
(d) The transportation commission when exercising its powers as the state tolling authority under RCW 47.56.850 and 47.56.877.
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources board, the director of financial management, and the department of enterprise services when carrying out their duties under chapter 41.06 RCW;
(e) To adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261;
(f) To actions to implement the provisions of chapter 70A.02 RCW, except as specified in RCW 70A.02.130; or
(g) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to:
(a) Reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW; and
(b) Adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the administrative procedure act, shall be subject to the entire act.
[ 2025 c 293 s 2; 2021 c 314 s 24; 2015 3rd sp.s. c 1 s 309; 2011 1st sp.s. c 43 s 431; 2006 c 300 s 4; 2002 c 354 s 225; 1994 c 39 s 1; 1993 c 281 s 15; 1989 c 175 s 2; 1988 c 288 s 103; 1984 c 141 s 8; 1982 c 221 s 6; 1981 c 64 s 2; 1979 c 158 s 90; 1971 ex.s. c 57 s 17; 1971 c 21 s 1; 1967 ex.s. c 71 s 1; 1967 c 237 s 7; 1963 c 237 s 1; 1959 c 234 s 15. Formerly RCW 34.04.150.]
Notes:
Findings—Intent—2025 c 293: "The legislature finds that most tolling facilities in Washington state are subject to strict bond covenants and financial requirements, requiring swift action in response to changing circumstances. However, the current process for setting or adjusting toll rates or toll rate policies takes an average of 160 days to complete due to requirements in the administrative procedure act, chapter 34.05 RCW. The legislature further finds that this process lacks the flexibility that is necessary to quickly adjust tolls to meet legally mandated revenue and performance requirements in response to unforeseen circumstances. Therefore, in order to address the challenges with the current toll rate setting process, it is the intent of the legislature to exempt toll setting from the administrative procedure act and to instead establish a toll setting process that can be carried out efficiently and expeditiously while maintaining public transparency." [ 2025 c 293 s 1.]
Effective date—2025 c 293: "This act takes effect January 1, 2026." [ 2025 c 293 s 9.]
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective dates—Contingent effective date—2006 c 300: See note following RCW 82.04.261.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.
Notes of Decisions
Cited in 45
cases (3 in the last 5 years), 1990–2022 · leading case: State v. Straka, 810 P.2d 888 (Wash. 1991).
State v. Straka, 810 P.2d 888 (Wash. 1991). “[12] RCW 34.05.030 specifically identifies those agencies and boards excluded from the administrative procedure act.”
McGee Guest Home, Inc. v. Dep't of Soc. & Health Servs., 142 Wash. 2d 316 (Wash. 2000). “RCW 34.05.030(4). We find this legislative change applies retroactively to this controversy.”
McGee Guest Home v. Dep't of Soc. & Health Servs., 12 P.3d 144 (Wash. 2000). “RCW 34.05.030(4). We find this legislative change applies retroactively to this controversy.”
Washington Pub. Employees Ass'n v. Washington Pers. Resources Bd., 959 P.2d 143 (Wash. Ct. App. 1998). “RCW 34.05.030(2). RCW 34.05.410 through 34.”
Frazier v. Dep't of Labor & Indus., 3 P.3d 221 (Wash. Ct. App. 2000). “But the court in Allan rejected this argument, observing that under RCW 34.05.030, the Department is subject to the terms of the APA, except with respect to "adjudicative proceedings," judicial review, and civil enforcement.”
Weaver v. City of Everett, 450 P.3d 177 (Wash. 2019). “140; RCW 34.05.030(2)(a). We review summary judgment orders de novo, viewing all facts and reasonable inferences in the light most favorable to the nonmoving party.”
Frazier v. Dep't of Labor & Indus., 101 Wash. App. 411 (Wash. Ct. App. 2000). “But the court in Allan rejected this argument, observing that under RCW 34.05.030, the Department is subject to the terms of the APA, except with respect to “adjudicative proceedings,” judicial review, and civil enforcement.”
Allan v. Dep't of Labor & Indus., 832 P.2d 489 (Wash. Ct. App. 1992). “220, the statute instructing the Department to impose an offset, "[n]o reduction may be made unless the worker receives notice of the reduction prior to the month in which the reduction is made." RCW 51.32.220(4).”
Jackstadt v. Washington State Patrol, 976 P.2d 190 (Wash. Ct. App. 1999). “RCW 34.05.030(2)(e) states that the APA does not apply wherever RCW 43.”
COBRA ROOFING Serv., INC. v. Dep't of Labor & Indus., 97 P.3d 17 (Wash. Ct. App. 2004). “Nevertheless, the plain text of the EAJA does not indicate a legislative intent that it apply solely to agency actions subject to APA review. Rather, in light of the broad language of the EAJA, the obvious purpose of the cross-references to the APA was to give definitional…”
Cobra Roofing Serv., Inc. v. Dep't of Labor & Indus., 122 Wash. App. 402 (Wash. Ct. App. 2004). “Nevertheless, the plain text of the EAJA does not indicate a legislative intent that it apply solely to agency actions subject to APA review.”
Brown v. Vail, 169 Wash. 2d 318 (Wash. 2010). “RCW 34.05.030(l)(c) (excluding the Department from the APA “with respect to persons who are in their custody”).”
— Wash. Rev. Code § 34.05.030(1)(c) — 8 cases
State v. Simmons, 98 P.3d 789 (Wash. 2004).
Brown v. Vail, 237 P.3d 263 (Wash. 2010).
Matter of Pers. Restraint of Locklear, 823 P.2d 1078 (Wash. 1992).
State v. Brown, 142 Wash. 2d 57 (Wash. 2000).
State v. Brown, 11 P.3d 818 (Wash. 2000).
— Wash. Rev. Code § 34.05.030(2) — 4 cases
State v. Vasquez, 148 Wash. 2d 303 (Wash. 2002).
State v. Vasquez, 59 P.3d 648 (Wash. 2002).
Washington Pub. Employees Ass'n v. Washington Pers. Resources Bd., 959 P.2d 143 (Wash. Ct. App. 1998). “RCW 34.05.030(2). RCW 34.05.410 through 34.”
Wpea v. Prb, 959 P.2d 143 (Wash. Ct. App. 1998).
— Wash. Rev. Code § 34.05.030(2)(a) — 8 cases
Weaver v. City of Everett, 450 P.3d 177 (Wash. 2019). “140; RCW 34.05.030(2)(a). We review summary judgment orders de novo, viewing all facts and reasonable inferences in the light most favorable to the nonmoving party.”
COBRA ROOFING Serv., INC. v. Dep't of Labor & Indus., 97 P.3d 17 (Wash. Ct. App. 2004). “Nevertheless, the plain text of the EAJA does not indicate a legislative intent that it apply solely to agency actions subject to APA review. Rather, in light of the broad language of the EAJA, the obvious purpose of the cross-references to the APA was to give definitional…”
Cobra Roofing Serv., Inc. v. Dep't of Labor & Indus., 122 Wash. App. 402 (Wash. Ct. App. 2004). “Nevertheless, the plain text of the EAJA does not indicate a legislative intent that it apply solely to agency actions subject to APA review.”
Mason v. Georgia-Pac. Corp., 271 P.3d 381 (Wash. Ct. App. 2012).
Hill v. Dep't of Labor & Indus., 161 Wash. App. 286 (Wash. Ct. App. 2011).
— Wash. Rev. Code § 34.05.030(2)(b) — 2 cases
Ingram v. Dep't of Licensing, 162 Wash. 2d 514 (Wash. 2007).
Ingram v. Dep't of Licensing, 173 P.3d 259 (Wash. 2007).
— Wash. Rev. Code § 34.05.030(2)(c) — 3 cases
Frazier v. Dep't of Labor & Indus., 3 P.3d 221 (Wash. Ct. App. 2000). “But the court in Allan rejected this argument, observing that under RCW 34.05.030, the Department is subject to the terms of the APA, except with respect to "adjudicative proceedings," judicial review, and civil enforcement.”
Frazier v. Dep't of Labor & Indus., 101 Wash. App. 411 (Wash. Ct. App. 2000). “But the court in Allan rejected this argument, observing that under RCW 34.05.030, the Department is subject to the terms of the APA, except with respect to “adjudicative proceedings,” judicial review, and civil enforcement.”
Allan v. Dep't of Labor & Indus., 832 P.2d 489 (Wash. Ct. App. 1992). “220, the statute instructing the Department to impose an offset, "[n]o reduction may be made unless the worker receives notice of the reduction prior to the month in which the reduction is made." RCW 51.32.220(4).”
— Wash. Rev. Code § 34.05.030(2)(d) — 2 cases
Washington Pub. Employees Ass'n v. Washington Pers. Resources Bd., 959 P.2d 143 (Wash. Ct. App. 1998). “RCW 34.05.030(2). RCW 34.05.410 through 34.”
Wpea v. Prb, 959 P.2d 143 (Wash. Ct. App. 1998).
— Wash. Rev. Code § 34.05.030(2)(e) — 1 case
Jackstadt v. Washington State Patrol, 976 P.2d 190 (Wash. Ct. App. 1999). “RCW 34.05.030(2)(e) states that the APA does not apply wherever RCW 43.”
— Wash. Rev. Code § 34.05.030(4) — 3 cases
McGee Guest Home, Inc. v. Dep't of Soc. & Health Servs., 142 Wash. 2d 316 (Wash. 2000). “RCW 34.05.030(4). We find this legislative change applies retroactively to this controversy.”
McGee Guest Home v. Dep't of Soc. & Health Servs., 12 P.3d 144 (Wash. 2000). “RCW 34.05.030(4). We find this legislative change applies retroactively to this controversy.”
State v. Straka, 810 P.2d 888 (Wash. 1991). “[12] RCW 34.05.030 specifically identifies those agencies and boards excluded from the administrative procedure act.”
— Wash. Rev. Code § 34.05.030(5) — 8 cases
Kailin v. Clallam Cnty., 152 Wash. App. 974 (Wash. Ct. App. 2009).
Kailin v. Clallam Cnty., 220 P.3d 222 (Wash. Ct. App. 2009).
Watershed Def. Fund v. Riveland, 959 P.2d 130 (Wash. Ct. App. 1998).
Off. of the Governor v. Pub. Emp. Relations Comm'n, 334 P.3d 1177 (Wash. Ct. App. 2014).
Eric Johnson, Apps/cross-resp v. Wa State Conservation Comm., Resps/cross-app (Wash. Ct. App. 2021).
— Wash. Rev. Code § 34.05.030(l)(c) — 6 cases
Brown v. Vail, 169 Wash. 2d 318 (Wash. 2010). “RCW 34.05.030(l)(c) (excluding the Department from the APA “with respect to persons who are in their custody”).”
State v. Simmons, 152 Wash. 2d 450 (Wash. 2004).
Mills v. W. Washington Univ., 170 Wash. 2d 903 (Wash. 2011).
Foss v. Dep't of Corr., 918 P.2d 521 (Wash. Ct. App. 1996).
State v. Simmons, 117 Wash. App. 682 (Wash. Ct. App. 2003).
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