Wash. Admin. Code § 461-08-500 – Scope and standard of review and burden of proof

(1) Hearings upon petitions for review shall be quasi-judicial in nature. The scope and standard of review shall be de novo unless otherwise required by law. However, the board shall conduct the following types of hearings on the record compiled by the department:
1. (a) Petitions for review of department decisions to adopt or approve rules, regulations or guidelines pursuant to chapter 90.58 RCW; and
2. (b) Petitions for review to approve or reject a proposed master program or master program amendment.
(2) The board shall make findings of fact based on the preponderance of the evidence unless otherwise required by law.
(3) Persons requesting review pursuant to RCW 90.58.180 (1) and (2) shall have the burden of proof in the matter. The issuing agency shall have the initial burden of proof in cases involving penalties or regulatory orders.

[Statutory Authority: RCW 90.58.175, 90.58.090, 90.58.140, 90.58.180, and 90.58.190. WSR 13-21-068, § 461-08-500, filed 10/16/13, effective 11/16/13. Statutory Authority: RCW 90.58.175. WSR 02-06-010, § 461-08-500, filed 2/22/02, effective 3/25/02; WSR 96-15-002, § 461-08-500, filed 7/3/96, effective 8/3/96.]