Section 308-08-515 - Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings(1) At least five days before the scheduled brief adjudicative proceeding, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the agency.(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors: (a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;(c) Whether a brief adjudicative proceeding will establish an adequate record for further agency or judicial review;(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency;(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and(f) Any other factors that the presiding officer deems relevant in reaching a determination.Wash. Admin. Code § 308-08-515
Statutory Authority: RCW 18.235.030 and chapter 34.05 RCW. 05-02-006, § 308-08-515, filed 12/22/04, effective 1/22/05.