Section 480-07-305 - Commencement of an adjudicative proceeding(1)Commencement. The commission may commence an adjudicative proceeding at any time with respect to any matter within its jurisdiction and within the scope of its authority. An adjudicative proceeding begins when the commission notifies a party that the commission will conduct a prehearing conference, hearing, or other stage of an adjudicative proceeding.(2)Who may seek to commence an adjudicative proceeding. A person involved in an actual case or controversy subject to the commission's jurisdiction may apply to the commission to commence an adjudicative proceeding by submitting the appropriate form of pleading.(3)Types of pleadings that request an adjudicative proceeding. The following pleadings, when properly and timely submitted for filing, constitute applications for adjudicative proceedings: (a) Formal complaints submitted by persons other than commission staff.(b) Petitions for commission action when the relief requested requires adjudication or when the commission determines the issues presented should be resolved through adjudication.(c) Petitions for declaratory orders under RCW 34.05.-240, when the commission determines that an adjudicative process is necessary to provide parties the opportunity to resolve contested issues.(d) Requests for a hearing to contest, or seek mitigation of, penalties assessed without a prior hearing.(e) Protests of, or objections to, a pplications for authority .(f) Requests for hearing to contest a commission notice of intent to deny an unprotested application for authority.(4)Commission notification of any deficiencies in a pleading. Within thirty days after receiving an application for an adjudicative proceeding, the commission may notify the applicant of any obvious errors or omissions, request any additional information the commission requires regarding the application , and notify the applicant of the name, e-mail address, and telephone number of a person on the commission staff who the applicant may contact regarding the application.(5)Commission determination whether to conduct an adjudicative proceeding. Within ninety days after receiving an application for an adjudicative proceeding, the commission will: (a) Commence an adjudicative proceeding by serving a notice of hearing pursuant to RCW 34.05.434; or(b) Decide not to conduct an adjudicative proceeding and furnish the applicant with a brief written statement of the reasons for that decision. While other circumstances may justify not commencing an adjudicative proceeding, the commission will not commence an adjudicative proceeding under the following circumstances: (i) The commission lacks jurisdiction or the authority to grant the requested relief.(ii) The matter is not ripe for commission determination.(iii) An adjudicative proceeding would be contrary to statute or rule.(iv) The subject matter is being, or will be, considered in another proceeding.(v) The applicant lacks standing to request the relief it seeks from the commission.(vi) The subject matter is not required to be resolved in an adjudicative proceeding, as defined in chapter 34.05 RCW, or would be better addressed informally or in a different proceeding.(c) The commission will conduct any administrative review of a decision not to conduct an adjudicative proceeding using the same procedures applicable to review of initial orders set forth in WAC 480-07-825.Wash. Admin. Code § 480-07-305
Amended by WSR 17-06-051, Filed 2/28/2017, effective 3/31/2017Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-305, filed 11/24/03, effective 1/1/04.