Section 308-08-535 - Brief adjudicative proceedings conversion to formal adjudicative proceedings - Dealer and manufacturer services(1) At least five days before the scheduled issuance of either an initial or a final order, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that it be converted to a formal adjudicative proceeding. Upon receiving a timely written objection, the presiding officer or reviewing officer, shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding or reviewing officer may convert any brief adjudicative proceeding to a formal adjudicative proceeding 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 or reviewing 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 or reviewing officer deems relevant in reaching a determination.Wash. Admin. Code § 308-08-535
Statutory Authority: RCW 34.05.220. 05-21-025, § 308-08-535, filed 10/10/05, effective 11/10/05.