Revised Code of Washington

Wash. Rev. Code § 4.84.340 (2026)

✓ current as of May 2026

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Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 4.84.340 through 4.84.360.

(1) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law.

(2) "Agency action" means agency action as defined by chapter 34.05 RCW.

(3) "Fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of a study, analysis, engineering report, test, or project that is found by the court to be necessary for the preparation of the party's case, and reasonable attorneys' fees. Reasonable attorneys' fees shall be based on the prevailing market rates for the kind and quality of services furnished, except that (a) no expert witness shall be compensated at a rate in excess of the highest rates of compensation for expert witnesses paid by the state of Washington, and (b) attorneys' fees shall not be awarded in excess of one hundred fifty dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.

(4) "Judicial review" means a judicial review as defined by chapter 34.05 RCW.

(5) "Qualified party" means (a) an individual whose net worth did not exceed one million dollars at the time the initial petition for judicial review was filed or (b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed five million dollars at the time the initial petition for judicial review was filed, except that an organization described in section 501(c)(3) of the federal internal revenue code of 1954 as exempt from taxation under section 501(a) of the code and a cooperative association as defined in section 15(a) of the agricultural marketing act (12 U.S.C. 1141J(a)), may be a party regardless of the net worth of such organization or cooperative association.

[ 1995 c 403 s 902.]

Notes:

Findings—1995 c 403: "The legislature finds that certain individuals, smaller partnerships, smaller corporations, and other organizations may be deterred from seeking review of or defending against an unreasonable agency action because of the expense involved in securing the vindication of their rights in administrative proceedings. The legislature further finds that because of the greater resources and expertise of the state of Washington, individuals, smaller partnerships, smaller corporations, and other organizations are often deterred from seeking review of or defending against state agency actions because of the costs for attorneys, expert witnesses, and other costs. The legislature therefore adopts this equal access to justice act to ensure that these parties have a greater opportunity to defend themselves from inappropriate state agency actions and to protect their rights." [ 1995 c 403 s 901.]

Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

Notes of Decisions

Cited in 58 cases (5 in the last 5 years), 1999–2026 · leading case: Cobra Roofing Servs., Inc. v. Dep't of Labor & Indus., 135 P.3d 913 (Wash. 2006).

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Cobra Roofing Servs., Inc. v. Dep't of Labor & Indus., 135 P.3d 913 (Wash. 2006). · cites it 8× “We also decide whether attorney fees may be awarded, under Washington’s equal access to justice act (EAJA), RCW 4.84.340, .350, and .360, for WISHA decisions appealed to the Board of Industrial Insurance Appeals (Board) and to superior court.”

Cascade Court Ltd. P'ship v. Noble, 20 P.3d 997 (Wash. Ct. App. 2001). · cites it 3× “35 However, the Assessor is not an “agency” within the meaning of RCW 4.84.340(1), which defines an “agency’ as: any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except…”

COBRA ROOFING Serv., INC. v. Dep't of Labor & Indus., 97 P.3d 17 (Wash. Ct. App. 2004). · cites it 2× “" RCW 4.84.340(2). "`Judicial review' means a judicial review as defined by chapter 34.”

Cobra Roofing Serv., Inc. v. Dep't of Labor & Indus., 122 Wash. App. 402 (Wash. Ct. App. 2004). · cites it 2× “” RCW 4.84.340(2). “ ‘Judicial review’ means a judicial review as defined by chapter 34.”

Moen v. Spokane City Police Dep't, 110 Wash. App. 714 (Wash. Ct. App. 2002). · cites it 2× “RCW 4.84.340(1). This definition of agency is identical to the definition found in the Administrative Procedure Act at RCW 34.”

Silverstreak, Inc. v. STATE DEPT. OF LABOR, 154 P.3d 891 (Wash. 2007). “See RCW 4.84.340(5). [10] The superior court did not award fees because it determined the Department was the prevailing party.”

Moen v. Spokane City Police Dept., 42 P.3d 456 (Wash. Ct. App. 2002). · cites it 2× “RCW 4.84.340(1). This definition of agency is identical to the definition found in the Administrative Procedure Act at RCW 34.”

Silverstreak, Inc. v. Dep't of Labor & Indus., 159 Wash. 2d 868 (Wash. 2007). “See RCW 4.84.340(5). The superior court did not award fees because it determined the Department was the prevailing party.”

ZDI Gaming, Inc. v. Washington State Gambling Comm'n, 151 Wash. App. 788 (Wash. Ct. App. 2009). · cites it 2× “of Resp’t at 49 (quoting RCW 4.84.340(3)). We disagree. ¶48 RCW 4.”

Edelman v. State ex rel. Pub. Disclosure Comm'n, 152 Wash. 2d 584 (Wash. 2004). “See RCW 4.84.340(5). Accordingly, we deny Edelman’s request for attorney fees.”

Spokane Cnty. v. E. Washington Growth Mgmt. Hearings Bd., 309 P.3d 673 (Wash. Ct. App. 2013). “Likewise, the Equal Access to Justice Act, RCW 4.84.340 through .360, does not authorize an award because it does not apply against the hearings board.”

Fraternity v. Washington State Univ., 152 Wash. App. 401 (Wash. Ct. App. 2009). “¶63 Finally, AKL seeks an award of attorney fees and costs pursuant to the equal access to justice act, RCW 4.84.340. RAP 18.1(a) allows attorney fees on appeal if they are authorized by applicable law.”

Show all 58 citing cases →

— Wash. Rev. Code § 4.84.340(1) — 5 cases

Cascade Court Ltd. P'ship v. Noble, 20 P.3d 997 (Wash. Ct. App. 2001). “35 However, the Assessor is not an “agency” within the meaning of RCW 4.84.340(1), which defines an “agency’ as: any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except…”

Moen v. Spokane City Police Dep't, 110 Wash. App. 714 (Wash. Ct. App. 2002). “RCW 4.84.340(1). This definition of agency is identical to the definition found in the Administrative Procedure Act at RCW 34.”

Moen v. Spokane City Police Dept., 42 P.3d 456 (Wash. Ct. App. 2002). “RCW 4.84.340(1). This definition of agency is identical to the definition found in the Administrative Procedure Act at RCW 34.”

Cascade Court Ltd. P'ship v. Noble, 20 P.3d 997 (Wash. Ct. App. 2001).

EIC v. Tacoma-Pierce Cnty. Health Dept., 105 P.3d 985 (Wash. 2005).

— Wash. Rev. Code § 4.84.340(2) — 6 cases

COBRA ROOFING Serv., INC. v. Dep't of Labor & Indus., 97 P.3d 17 (Wash. Ct. App. 2004). “" RCW 4.84.340(2). "`Judicial review' means a judicial review as defined by chapter 34.”

Cobra Roofing Serv., Inc. v. Dep't of Labor & Indus., 122 Wash. App. 402 (Wash. Ct. App. 2004). “” RCW 4.84.340(2). “ ‘Judicial review’ means a judicial review as defined by chapter 34.”

Cobra Roofing Servs., Inc. v. Dep't of Labor & Indus., 135 P.3d 913 (Wash. 2006). “We also decide whether attorney fees may be awarded, under Washington’s equal access to justice act (EAJA), RCW 4.84.340, .350, and .360, for WISHA decisions appealed to the Board of Industrial Insurance Appeals (Board) and to superior court.”

Costanich v. Dep't of Soc. & Health Servs., 156 P.3d 232 (Wash. Ct. App. 2007).

Ent. Indus. Coalition v. Tacoma-Pierce Cnty. Health Dep't, 105 P.3d 985 (Wash. 2005).

— Wash. Rev. Code § 4.84.340(3) — 3 cases

ZDI Gaming, Inc. v. Washington State Gambling Comm'n, 151 Wash. App. 788 (Wash. Ct. App. 2009). “of Resp’t at 49 (quoting RCW 4.84.340(3)). We disagree. ¶48 RCW 4.”

Zdi v. State Ex Rel. State Gambling Com'n, 214 P.3d 938 (Wash. Ct. App. 2009).

Brian Wilson v. Wa State Dept. Of Ret. Sys. (Wash. Ct. App. 2020).

— Wash. Rev. Code § 4.84.340(4) — 7 cases

COBRA ROOFING Serv., INC. v. Dep't of Labor & Indus., 97 P.3d 17 (Wash. Ct. App. 2004). “" RCW 4.84.340(2). "`Judicial review' means a judicial review as defined by chapter 34.”

Cobra Roofing Serv., Inc. v. Dep't of Labor & Indus., 122 Wash. App. 402 (Wash. Ct. App. 2004). “” RCW 4.84.340(2). “ ‘Judicial review’ means a judicial review as defined by chapter 34.”

Alpine Lakes Prot. Soc'y v. Dep't of Nat. Resources, 979 P.2d 929 (Wash. Ct. App. 1999).

Costanich v. Dep't of Soc. & Health Servs., 164 Wash. 2d 925 (Wash. 2008).

— Wash. Rev. Code § 4.84.340(5) — 16 cases

Edelman v. State ex rel. Pub. Disclosure Comm'n, 152 Wash. 2d 584 (Wash. 2004). “See RCW 4.84.340(5). Accordingly, we deny Edelman’s request for attorney fees.”

— Wash. Rev. Code § 4.84.340(5)(a) — 2 cases

Marluz Tanggote v. State Dep't of Soc. & Health Servs. (Wash. Ct. App. 2025).

Othelo Quilang v. Dep't of Soc. & Health Servs. (Wash. Ct. App. 2026).

— Wash. Rev. Code § 4.84.340(5)(b) — 2 cases

Nor-Pac Enter., Inc. v. Dep't of Licensing, 119 P.3d 889 (Wash. Ct. App. 2005).

Dolly, Inc. v. State Utils. & Transp. Comm'n (Wash. Ct. App. 2020).

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