(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:
(a) A determination whether an applicant for a license meets the minimum criteria for an unrestricted license and the board proposes to deny such a license or to issue a restricted license, or a determination that a license holder is ineligible for an expedited license or compact privilege from an interstate compact. For the purposes of this subsection:
- (i) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another state to practice or work in the remote state under its laws and rules as outlined in Title 18 RCW for its respective profession.
- (ii) "Interstate compact" means an agreement between two or more states that allows a license holder through a streamlined process to become licensed in multiple states. The license holder is under the regulations of the state where the patient/client is located at the time of the patient/client encounter.
- (iii) "Remote state" means a member state other than the home state where a license holder is exercising or seeking to exercise the compact privilege.
- (b) A determination whether a person is in compliance with the terms and conditions of a final order previously issued by the board, except final orders under RCW 18.130.110;
- (c) Any approval of a school or curriculum when such approval by the board is required by statute or rule;
- (d) A determination whether a license holder requesting renewal has submitted all required information and meets minimum criteria for renewal;
- (e) An action to suspend a credential under RCW 18.130.125 and 18.130.127;
- (f) Issuance of written citation and assessment of a fine under RCW 18.130.230;
- (g) A decision to withdraw a credential issued in error. For the purposes of this rule, "credential issued in error" means a credential issued to an individual who did not fully complete the application process or meet the credentialing requirements yet was inadvertently granted a credential;
- (h) A decision to deny a request for a list of applicants for professional licenses or for professional licensees for commercial purposes under RCW 42.56.070(8); or
- (i) A determination to reject or withdraw approval of an ancillary utilization plan pursuant to RCW 18.64A.040 and 18.64A.060.
(2) If an adjudicative proceeding is requested in a matter not listed in subsection (1) of this section, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that:
- (a) Only legal issues exist; or
- (b) Both parties have agreed to a brief adjudicative proceeding; and
- (c) The protection of the public interest does not require that the board provide notice and an opportunity to participate to persons other than the parties.
[Statutory Authority: RCW 43.70.040, 34.05.413, 34.05.482, 34.05.485, 18.130.050, chapters 18.71B and 18.74 RCW. WSR 25-21-064, s 246-11-420, filed 10/13/25, effective 11/13/25. Statutory Authority: RCW 43.70.040, 34.05.220, 34.05.410, 18.130.050, and 34.05.413 through 34.05.476. WSR 18-18-050, § 246-11-420, filed 8/29/18, effective 9/29/18. Statutory Authority: RCW 18.130.050(1) and 18.130.060(3). WSR 94-04-078, § 246-11-420, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 18.130.050(1) and 34.05.482. WSR 93-08-003 (Order 347), § 246-11-420, filed 3/24/93, effective 4/24/93.]