1. (1) Application of brief adjudicative proceedings. If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:

   1. (a) A determination whether a city meets the criteria for an extension under RCW 36.70A.637;
   2. (b) A determination whether a city meets the criteria for an extension under RCW 36.70A.638;
   3. (c) A determination whether a local government meets the criteria for certification of its parking study under RCW 36.70A.681;
   4. (d) A determination whether a local government's empirical parking study meets the criteria for certification under RCW 36.70A.635(7);

   5. (e) If an adjudicative proceeding is requested in a matter not listed in this subsection, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that:

      1. (i) Only legal issues exist; or
      2. (ii) Both parties have agreed to a brief adjudicative proceeding; and
      3. (iii) The protection of the public interest does not require that the department provide notice and an opportunity to participate to people other than the parties.
2. (2) Request for adjudicative proceeding. A local government must file an application for an adjudicative proceeding within 20 days of service of a decision letter from commerce, unless otherwise provided by statute. An application for brief adjudicative proceeding shall include a written explanation of the applicant's view of the matter and a copy of any other documents the applicant wishes to have the department consider.
3. (3) Preliminary record. The preliminary record in brief adjudicative proceedings shall consist of the application the local government submitted and any associated documents, all documents relied on by commerce in making its decision, and all correspondence between the local government and commerce regarding the application.

4. (4) Conduct of brief adjudicative proceedings.

   1. (a) Brief adjudicative proceedings are conducted by a presiding officer designated by the director, pursuant to RCW 34.05.425. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but may not have personally participated in the decision to issue the initiating document.
   2. (b) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate in writing the date by which written documents must be submitted by the parties.
   3. (c) The presiding officer for brief adjudicative proceedings may, in their discretion, entertain oral argument from the parties or their representatives.
   4. (d) No witnesses may appear to testify.
   5. (e) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.
   6. (f) Within 10 days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.
   7. (g) If no review is taken of the initial order within 21 days, as authorized by RCW 34.05.488 and 34.05.491, the initial order shall be the final order. A request for administrative review is deemed to have been denied if the agency does not make a disposition of the matter within 20 days after the request is submitted.

[Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.639, 36.70A.638(6), and 34.05.482 (1)(c). WSR 26-10-066, s 365-199-100, filed 5/5/26, effective 6/5/26.]