Wash. Rev. Code » Title 34 · Chapter 34.05

Wash. Rev. Code § 34.05.410

Application of Part IV

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(1) Adjudicative proceedings are governed by RCW 34.05.413 through 34.05.476, except as otherwise provided:
(a) By a rule that adopts the procedures for brief adjudicative proceedings in accordance with the standards provided in RCW 34.05.482 for those proceedings;
(b) By RCW 34.05.479 pertaining to emergency adjudicative proceedings; or
(c) By RCW 34.05.240 pertaining to declaratory proceedings.
(2) RCW 34.05.410 through 34.05.494 do not apply to rule-making proceedings unless another statute expressly so requires.
[ 1988 c 288 s 401.]
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1998–2024 · leading case: Abdullatif Arishi v. Washington State University
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Abdullatif Arishi v. Washington State University (2016) washctapp · cites it 4× “RCW 34.05.410(1) (“Adjudicative proceedings are governed by RCW 34.”
Washington Public Employees Ass'n v. Washington Personnel Resources Board (1998) washctapp · cites it 2× “” The APA provides: The provisions of RCW 34.05.410 through 34.05.598 shall not apply: (d) To actions of the Washington personnel resources board, the director of personnel, or the personnel appeals board .”
State v. Vasquez (2002) wash “05 RCW is the Administrative Procedure Act] states in pertinent part: The provisions of RCW 34.05.410 through 34.05.598 [adjudicative proceedings] shall not apply: (b).”
State v. Vasquez (2002) wash “05 RCW is the Administrative Procedure Act] states in pertinent part: The provisions of RCW 34.05.410 through 34.05.598 [adjudicative proceedings] shall not apply: .”
Danzer v. Department of Labor & Industries (2000) washctapp · cites it 2× “030(2)(a) (“The provisions of RCW 34.05.410 through *320 34.05.598 shall not apply.”
Budget Rent A Car Corp. v. Department of Licensing (2000) washctapp “See RCW 34.05.410. Federal courts endorse adoption of policy by adjudication.”
Wpea v. Prb (1998) washctapp · cites it 2× “" The APA provides: The provisions of RCW 34.05.410 through 34.05.598 shall not apply: .”
American Waterways Operators, Resp v. Pollution Control Hearings Board,et Al, App (2019) washctapp · cites it 4× “Accordingly, we must first determine whether the Certificate of Need is the type of decision that falls under the Board’s adjudicative powers or whether it was part of Ecology’s rule making process.”
Western Washington Operating Engineers Apprenticeship Committee v. Washington State Apprenticeship & Training Council (2008) washctapp “452 and WAC 10-08-140 through -160. The former requires that “[a] 11 testimony of parties and witnesses shall be made under oath or affirmation,” RCW 34.”
Danzer v. Department of Labor & Industries (2001) washctapp · cites it 2× “030(2)(a) ("The provisions of RCW 34.05.410 through 34.05.598 shall not apply .”
Eric Johnson, Apps/cross-resp v. Wa State Conservation Comm., Resps/cross-app (2021) washctapp “RCW 34.05.410. When an agency receives an application for an adjudicative proceeding, an agency shall proceed as follows: (1) .”
In the Matter of the Personal Restraint of: Joshua Kelly Pinney (2023) washctapp “See RCW 34.05.410(1). Elsewhere, the statute identifies some procedures to be followed for high level violations, but otherwise provides that WDOC shall adopt rules creating procedures for hearings on those matters, which are “offender disciplinary hearings and are not subject…”
Show all 14 citing cases →
— Wash. Rev. Code § 34.05.410(1) — 4 cases
Abdullatif Arishi v. Washington State University (2016) washctapp “RCW 34.05.410(1) (“Adjudicative proceedings are governed by RCW 34.”
Western Washington Operating Engineers Apprenticeship Committee v. Washington State Apprenticeship & Training Council (2008) washctapp “452 and WAC 10-08-140 through -160. The former requires that “[a] 11 testimony of parties and witnesses shall be made under oath or affirmation,” RCW 34.”
In the Matter of the Personal Restraint of: Joshua Kelly Pinney (2023) washctapp “See RCW 34.05.410(1). Elsewhere, the statute identifies some procedures to be followed for high level violations, but otherwise provides that WDOC shall adopt rules creating procedures for hearings on those matters, which are “offender disciplinary hearings and are not subject…”
WESTERN WASH. OPERATING ENG. v. Council (2008) washctapp
— Wash. Rev. Code § 34.05.410(2) — 1 case
American Waterways Operators, Resp v. Pollution Control Hearings Board,et Al, App (2019) washctapp “Accordingly, we must first determine whether the Certificate of Need is the type of decision that falls under the Board’s adjudicative powers or whether it was part of Ecology’s rule making process.”
— Wash. Rev. Code § 34.05.410(l)(a) — 1 case
Abdullatif Arishi v. Washington State University (2016) washctapp “RCW 34.05.410(1) (“Adjudicative proceedings are governed by RCW 34.”
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