BillTracker

Establishing deadlines for final determinations and dispositions in agency adjudicative proceedings (Fortunato, Padden, O'Ban)

Revises administrative procedure act provisions as follows: (1) Requires an agency to make a final administrative determination or disposition for a matter that is subject to an adjudicative proceeding within two years after the commencement of the adjudicative proceeding unless all parties to the proceeding agree to waive the time limitation;
(2) Authorizes a person to file a petition for judicial review and is presumed to have exhausted all administrative remedies when an agency fails to comply with (1) above;
(3) Authorizes the court to receive evidence in addition to that contained in the agency record for judicial review, if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding an issue or fact identified as contested in a petition for judicial review filed under (2) above; and
(4) Prohibits the court from remanding certain matters, when a petition for judicial review is filed under (2) above, unless all parties consent.

EFFECT OF CHANGES MADE BY LAW & JUSTICE COMMITTEE (First Substitute):
--Limits the application of the bill to actions filed after the effective date.
--Allows a waiver of the 2 year limit where the agency has good cause to delay, such as for other related proceedings or investigations.
--Allows the court to remand the matter, without consent of all parties, where the agency has good cause to delay, such as for other related proceedings or investigations.
--Removes an exception to any stay of proceedings where the petitioner requests the adjudicative proceeding not be stayed for issues not on appeal in a petition for judicial review before a superior court.
--Limits evidence a superior court may receive on an issue or fact identified as contested in a petition if the agency has not already received evidence on that issue at an evidentiary hearing.

Hearing Date: Wednesday, January 25, 2017 -- 8:00 am

WA State Legislature Link:
http://app.leg.wa.gov/billsummary?BillNumber=5350&Year=2017    (opens a new browser tab)