(1) The board may take official notice of:
- (a) Any judicially cognizable facts;
- (b) Any matter of public record;
- (c) Technical or scientific facts within the agency's specialized knowledge; and
- (d) Codes or standards that have been adopted by any state or federal agency or by a nationally recognized organization or association.
- (2) Any party may challenge such a fact by filing an exception to a proposed or initial decision pursuant to WAC 456-10-730, or by a petition for reconsideration of a final decision pursuant to WAC 456-10-755. Such a challenge must concisely and clearly set forth the sources, authority, and other data relied on to show the existence or nonexistence of the fact assumed or denied in the decision.
- (3) A party asking the board to take official notice may be required to produce a copy of the material to be noticed.
[Statutory Authority: RCW 82.03.170. WSR 22-13-111, § 456-10-565, filed 6/15/22, effective 7/16/22; WSR 05-13-141, § 456-10-565, filed 6/21/05, effective 8/1/05; WSR 89-10-057 (Order 89-03), § 456-10-565, filed 5/2/89.]