in in Origin and History in Origin and History Fundamental Principles 1 2 3 in Origin and History Fundamental Principles Components of in Origin and History Fundamental Principles Components of What are administrative agencies? Disclaimers ~~ 4 5 6 1
What are administrative agencies? Administrative agencies generally are: Units of the executive branch of government Created by the legislative branch of government To carry out limited and defined duties of government What To regulate are administrative conduct agencies? and behavior Administrative To distribute subsidies agencies generally are: and Units benefits of the executive branch of government To provide Created services by the legislative branch of government To collect To carry revenues out limited and defined duties of government To manage and develop resources What are administrative agencies? Administrative agencies generally are: Units of the executive branch of government Created by the legislative branch of government To carry out limited and defined duties of government Administrative agencies historically have been assigned duties that are complex, extensive, and/or difficult. 7 8 9 What Expertise are administrative can be developed agencies? in a specialized agency Administrative agencies generally are: Units of the executive branch of government Created by the legislative branch of government To carry out limited and defined duties of government Administrative agencies historically have been assigned duties that are complex, extensive, and/or difficult. 10 What Expertise are administrative can be developed agencies? in a specialized Where do administrative agencies come from? agency Administrative agencies generally are: Expertise and specialization allows an agency to: Units of the executive branch of government Understand Created by and the legislative deal with complex branch of government subjects To carry out limited and defined duties of government Administrative Provide more agencies efficient historically and effective have been assigned duties that are complex, regulation extensive, and service and/or difficult. Develop flexibility to respond to changing circumstances ~~ 11 12 2
Where do administrative agencies come from? Federal agencies... The first federal agencies were created during George s administration in 1789. 13 Where do administrative agencies come from? Federal agencies... The first federal agencies were created during George s administration in 1789. Department of State Post Office Department Department of War Attorney General s Office Department of the Treasury 14 Where do administrative agencies come from? Federal agencies... The first federal agencies were created during George s administration in 1789. The first modern federal regulatory agency was created in 1887. 15 Where do administrative agencies come from? Federal agencies... The first federal agencies were created during George s administration in 1789. The first modern federal regulatory agency was created in 1887. Interstate Commerce Commission Where do administrative agencies come from? Federal agencies... The first federal agencies were created during George s administration in 1789. The first modern federal regulatory agency was created in 1887. The New Deal caused major growth in the number and size of federal agencies during the 1930s. Where Securities do administrative and Exchange agencies come from? Federal Commission agencies... National Labor Relations Board The Federal first federal Aviation agencies Commission were created during George s administration in 1789. The first modern federal regulatory agency was created in 1887. The New Deal caused major growth in the number and size of federal agencies during the 1930s. 16 17 18 3
Where Securities do administrative and Exchange agencies Social come insurance from? Federal Commission agencies... Public assistance National Labor Relations Board Health care The Federal first federal Aviation agencies Commission were created during George s Farm price supports administration in 1789. Housing subsidies The first modern federal regulatory agency was created in 1887. Electricity & natural gas The New Deal caused major growth in the number and size of federal agencies during the 1930s. 19 Where do administrative agencies come from? Federal agencies... The first federal agencies were created during George s administration in 1789. The first modern federal regulatory agency was created in 1887. The New Deal caused major growth in the number and size of federal agencies during the 1930s. Where do administrative agencies come from? Federal agencies... The first federal agencies Health were & created safety during George s administration in 1789. Environmental protection The first modern federal Consumer regulatory protection agency was created in 1887. Anti-discrimination ~ The New Deal caused major growth in the number and size of federal agencies during the 1930s. A second wave of growth occurred in the 1960s and 1970s. 20 A second wave of growth occurred in the 1960s and 1970s. 21 Where do administrative agencies come from? Federal agencies... Where do administrative agencies come from? state agencies... Where do administrative agencies come from? state agencies... Recommended reading: David P. Currie, The Constitution in Congress: The First Congress and the Structure of Government, 1789-1791, 2 U. Chicago L. Sch. Roundtable 161, 195-208 (1995). Robin L. Rabin, Federal Regulation in Historical Perspective, 38 Stan. L. Rev. 1189 (1986). The Constitution established the first state administrative agencies in 1889. ~~ 22 23 The Constitution established the first state administrative agencies in 1889. Constitution, Art. 20, Sec. 1: Board of Health Bureau of Vital Statistics 24 4
Where do administrative agencies come from? state agencies... The Constitution established the first state administrative agencies in 1889. Subsequent administrative agencies have been created by the Where do administrative agencies come from? The Department of Health, the Board of Pharmacy, state the agencies Medical Quality... Assurance Commission, and some other health agencies have antecedents The extending Constitution back established to the first the years first of state statehood. administrative agencies The authorities, in 1889. structures, and responsibilities of all Subsequent administrative health agencies agencies have have been been changed created repeatedly by the by the Legislature throughout the years. 25 ~~~ 26 27 An agency has only the authority granted by the An agency has only the authority granted by the Enabling act (organic act) 28 29 30 5
seven members... [RCW 18.64.001] There shall be a state board of pharmacy consisting of seven members... [RCW 18.64.001] There shall be a state board of pharmacy consisting of The board shall: (1) Regulate the practice of pharmacy and enforce all Administrative laws placed agencies under its are jurisdiction creatures.. of. the [RCW 18.64.005] ~ An agency has only the authority granted by the Enabling act (organic act) An agency has only the authority granted by the Enabling act (organic act) An agency has only the authority granted by the Enabling act (organic act) Administrative Procedure Act 31 32 33 Chapter 34.05 RCW Administrative Procedure Act An agency has only the authority granted by the Enabling act (organic act) Administrative Procedure Act Chapter 34.05 RCW Administrative Procedure Act Unless explicitly exempted from all or part of the Act, all state agencies are subject to the entire Act. RCW 34.05.030(5). An agency has only the authority granted by the Enabling act (organic act) Administrative Procedure Act Chapter 34.05 RCW Administrative Procedure Act Unless explicitly exempted from all or part of the Act, all state agencies are subject to the entire Act. RCW 34.05.030(5). Administrative Every agency agencies is granted are all creatures authority necessary of the to comply with the requirements of this chapter through the issuance of rules or otherwise. No subsequent legislation shall be held to supersede or modify the provisions of this chapter or its applicability An agency to has any agency only the except authority to the extent granted that by such the legislation shall do so expressly. RCW 34.05.020. ~ Enabling act (organic act) Administrative Procedure Act 34 35 36 6
Examples: Chapter 18.130 Uniform Disciplinary Act Examples: Chapter 18.130 Uniform Disciplinary Act Chapter 69.04 Intrastate Commerce in Food, Drugs and Cosmetics Chapter 69.41 Legend Drugs--Prescription Drugs Chapter 69.50 Uniform Controlled Substances Act An agency has only the authority granted by the An agency has only the authority granted by the An agency has only the authority granted by the Enabling act (organic act) Enabling act (organic act) Enabling act (organic act) Administrative Procedure Act Administrative Procedure Act Administrative Procedure Act Other applicable statutes 37 Other applicable statutes 38 Other applicable statutes 39 Examples: Chapter 18.130 Uniform Disciplinary Act Chapter 69.04 Intrastate Commerce in Food, Drugs and Cosmetics Chapter 69.41 Legend Drugs--Prescription Drugs Chapter 69.50 Uniform Controlled Substances Act An Chapter agency 42.17 has only Public the Disclosure authority Actgranted by the Chapter 42.30 Open Public Meeting Act Chapter Enabling 42.52 act Ethics (organic in Public act) Service ~ Administrative agencies usually have substantial discretion to set their own policies and procedures. RCW 18.64.005 State Board of Pharmacy--Powers and Duties: The board shall: (1) Regulate the practice of pharmacy... (3) Establish the qualifications for licensure... Administrative agencies usually have substantial discretion to set their own policies and procedures. Administrative Procedure Act Other applicable statutes 40 41 42 7
RCW 18.64.005 State Board of Pharmacy--Powers and Duties: The board shall: (1) Regulate the practice of pharmacy... (3) Establish the qualifications for licensure... Administrative (4) Conduct hearings agencies for the are revocation creatures or suspension of the of licenses, permits, registrations, certificates, or any other authority to practice granted by the board... Administrative (7) Promulgate rules agencies for the usually dispensing, have distribution, wholesaling, and manufacturing substantial of discretion drugs and devices to set and their the own practice policies of pharmacy for the protection and procedures. and promotion of the public health, safety, and welfare; RCW 18.64.005 State Board of Pharmacy--Powers and Duties: The board shall: (1) Regulate the practice of pharmacy... (3) Establish the qualifications for licensure... Administrative (4) Conduct hearings agencies for the are revocation creatures or suspension of the of licenses, permits, registrations, certificates, or any other authority to practice granted by the board... Administrative (7) Promulgate rules agencies for the usually dispensing, have distribution, wholesaling, and manufacturing substantial of discretion drugs and devices to set and their the own practice policies of pharmacy for the protection and procedures. and promotion of the public health, safety, and welfare; (8) Adopt rules establishing and governing continuing education requirements for pharmacists... (13) Enter into written agreements with all other state and federal agencies with any responsibility for controlling drug misuse, diversion, or abuse... ~ Administrative agencies usually have substantial discretion to set their own policies and procedures. Administrative actions are subject to legislative and judicial review. 43 44 45 Formal judicial review Statutory authority Error of law Administrative Procedureagencies are creatures of the Constitutional limitation Administrative agencies usually have substantial Arbitrary discretion & capricious to set their own policies and procedures. Other legal theories Fundamental Principles Legislative review of Formal judicial review Statutory authority JARRC review under the APA Error of law Legislative action Administrative Procedureagencies are creatures of the Substantive Constitutional change in law limitation Administrative agencies usually have Appropriation substantial Arbitrary discretion & capricious to set their own policies adjustment and procedures. Other legal theories History Administrative actions are subject to legislative and judicial review. Administrative actions are subject to legislative and judicial review. 46 ~~~ 47 48 8
History Before 1959, there was no generalized administrative procedure in. Each state agency s rule-making and adjudications were governed by their own statutes. 49 History Before 1959, there was no generalized administrative procedure in. Each state agency s rule-making and adjudications were governed by their own statutes. In 1959, the Legislature enacted the first Administrative Procedure Act (APA). 50 History Before 1959, there was no generalized administrative procedure in. Each state agency s rule-making and adjudications were governed by their own statutes. In 1959, the Legislature enacted the first Administrative Procedure Act (APA). In 1988, the Legislature replaced the 1959 APA with a new APA. The 1988 APA, as amended over the years, governs state agency procedure today. 51 In the 1995 Regulatory Reform Act, the Legislature substantially amended the APA to ensure that the citizens Historyand environment of this state receive the highest level of protection... without stifling legitimate activities and Before responsible 1959, there economic was generalized growth administrative procedure in. Each state agency s rule-making and adjudications were governed The amendments by their own added statutes. provisions that: In 1959, the Increase Legislature public enacted involvement the first in rule-making Administrative Require Procedure additional Act (APA). economic analysis during In 1988, the rule Legislature adoption replaced the 1959 APA with a new APA. The 1988 APA, Add as a amended new type over of legislative the years, review governs of adopted state agency procedure today. rules The APA: Overview The APA consists of an intent section and seven parts: Part I. General Provisions. Part II. Public Access to Agency Rules... Part V. Judicial Review and Civil Enforcement. Part VI. Legislative Review. [Part IX. Technical Provisions.] ~ ~~ 52 53 RCW 34.05.001 Legislative Intent Two primary purposes: Greater public and legislative access to administrative decision-making Clarification of administrative procedural law ~~ 54 9
Part I. General Provisions Definitions [RCW 34.05.010] Agency means (with some exceptions listed) any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings Part I. General Provisions [RCW 34.05.010(2)] Definitions [RCW 34.05.010] Agency means (with some exceptions listed) any state board, commission, department, Agency institution action of higher includes education, licensing, or the officer, implementation authorized by or law enforcement to make rules of a or statute, to conduct the adoption adjudicative or application proceedings of an Part I. General agency Provisions rule or order, the imposition of sanctions, or [RCW the granting 34.05.010(2)] or withholding of benefits Definitions [RCW 34.05.010] [RCW 34.05.010(3)] 55 56 57 Agency means (with some exceptions listed) any state board, commission, department, Agency institution action of higher includes education, licensing, or the officer, implementation authorized by or law enforcement to make rules of a or statute, to conduct the Rule means any agency order, directive, or regulation of adoption adjudicative or application proceedings of an general applicability (a) the violation of which subjects a Part I. General person agency Provisions to a penalty rule or or order, administrative the imposition sanction; of (b) sanctions, which establishes, or [RCW the granting alters, 34.05.010(2)] or or revokes withholding any procedure, of benefits practice, or Definitions [RCW requirement 34.05.010] relating to agency hearings; (c) which [RCW 34.05.010(3)] establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale. [RCW 34.05.010(16)] 58 Part I. General Provisions Definitions [RCW 34.05.010] Explicit reference to and preservation of constitutional rights and other statutory requirements [RCW 34.05.020] 59 Part I. General Provisions Definitions [RCW 34.05.010] Explicit reference to and preservation of constitutional rights and other statutory requirements [RCW 34.05.020] Grant of authority to agencies to implement the APA [RCW 34.05.020] Applicability [RCW 34.05.030] ~~ 60 10
Part II. Public Access to Agency Rules Part II. Public Access to Agency Rules All proposed and adopted rules must be published in the State Register [RCW 34.05.210(3)] Part II. Public Access to Agency Rules All proposed and adopted rules must be published in the State Register [RCW 34.05.210(3)] All adopted rules must be published in the Administrative Code [RCW 34.05.210(1)] 61 62 63 Part II. Public Access to Agency Rules Part II. Public Access to Agency Rules All proposed and adopted rules must be published in the State Register [RCW 34.05.210(3)] All adopted rules must be published in the Administrative Code [RCW 34.05.210(1)] Unless otherwise prohibited by law, an agency must keep and make available for inspection the following: final orders, decisions, and opinions in adjudicative proceedings; interpretive statements, and policy statements [RCW 34.05.220(2)] 64 All proposed and adopted rules must be published in the State Register [RCW 34.05.210(3)] All adopted rules must be published in the Administrative Code [RCW 34.05.210(1)] Unless otherwise prohibited by law, and agency must keep and make available for inspection the following: final orders, decisions, and opinions in adjudicative proceedings; interpretive statements, and policy statements [RCW 34.05.220(2)] Any person may petition an agency for a declaration as to the applicability of a statute, rule, or order enforceable by the agency [RCW 34.05.220] ~~ 65 66 11
Before a rule is proposed [RCW 34.05.310] Before a rule is proposed [RCW 34.05.310] Agency identifies a problem that may require adoption of a rule Before a rule is proposed [RCW 34.05.310] Agency identifies a problem that may require adoption of a rule Agency files CR-101 ( Statement of Inquiry ) with the Code Reviser; published in State Register 67 68 69 Before a rule is proposed [RCW 34.05.310] Agency identifies a problem that may require adoption of a rule Agency files CR-101 ( Statement of Inquiry ) with the Code Reviser; published in State Register Agency evaluates the need for a rule, with input from the public Before a rule is proposed [RCW 34.05.310] Agency identifies a problem that may require adoption of a rule Agency files CR-101 ( Statement of Inquiry ) with the Code Reviser; published in State Register Agency evaluates the need for a rule, with input from the public Before a rule is proposed [RCW 34.05.310] 70 If a rule is needed, move to the next phase ~ 71 72 12
Before a rule is proposed Agency [RCW drafts 34.05.310] a rule Before a rule is proposed Agency [RCW drafts 34.05.310] a rule Analysis and drafting of Agency a proposed estimates rule the fiscal impact on itself and any other affected agency Before a rule is proposed Agency [RCW drafts 34.05.310] a rule Analysis and drafting of Agency a proposed estimates rule the fiscal impact on itself and any other affected agency Agency may need to determine whether the proposed rule is significant under RCW 34.05.328 73 74 75 Before a rule is proposed Agency [RCW drafts 34.05.310] a rule Analysis and drafting of Agency a proposed estimates rule the fiscal impact on itself and any other affected agency Agency may need to determine whether the proposed rule is significant under RCW 34.05.328 Before a rule is proposed [RCW 34.05.310] Proposed rule [RCW 34.05.320] If so, agency may need to complete an economic impact analysis ~ 76 77 Before a rule is proposed [RCW 34.05.310] Proposed rule [RCW 34.05.320] Agency files CR-102 ( Notice of Proposed Rule ) with the Code Reviser; published in State Register 78 13
Before a rule is proposed [RCW 34.05.310] Proposed rule [RCW 34.05.320] Agency files CR-102 ( Notice of Proposed Rule ) with the Code Reviser; published in State Register CR-102 announces at least one public hearing on the proposed rule Before a rule is proposed [RCW 34.05.310] Proposed rule [RCW 34.05.320] Rule adoption [RCW 34.05.360] ~ 79 80 Agency must prepare a Concise Explanatory Statement that Part III. Rule-making summarizes Procedures and responds to the public comments received Before a rule is proposed [RCW [RCW 34.05.325] 34.05.310] Proposed rule [RCW 34.05.320] Rule adoption [RCW 34.05.360] 81 Agency must prepare a Concise Explanatory Statement that Part III. Rule-making summarizes Procedures and responds to the public comments received Before a rule is proposed [RCW [RCW 34.05.325] 34.05.310] If substantial changes are made, the Proposed rule [RCW agency 34.05.320] may need to file a supplemental Rule adoption [RCW CR-102 34.05.360] and hold another public hearing [RCW 34.05.340] 82 Agency must prepare a Concise Explanatory Statement that Part III. Rule-making summarizes Procedures and responds to the public comments received Before a rule is proposed [RCW [RCW 34.05.325] 34.05.310] If substantial changes are made, the Proposed rule [RCW agency 34.05.320] may need to file a supplemental Rule adoption [RCW CR-102 34.05.360] and hold another public hearing [RCW 34.05.340] Agency files CR-103 ( Order Adopting Rule ) with the Code Reviser; published in State Register Before a rule is proposed [RCW 34.05.310] Proposed rule [RCW 34.05.320] Rule adoption [RCW 34.05.360] Other ~ 83 84 14
Part III. Rule-making Agency must Procedures designate a Rules Coordinator and publish that person s name and address Before a rule is in proposed the State [RCW Register 34.05.310] [RCW 34.05.312] Proposed rule [RCW 34.05.320] Rule adoption [RCW 34.05.360] Other 85 Part III. Rule-making Agency must Procedures designate a Rules Coordinator and publish that person s name and address Before a rule is in proposed the State [RCW Register 34.05.310] [RCW 34.05.312] Agency must maintain a rule-making docket Proposed rule that [RCW lists 34.05.320] all proposed or adopted rules Rule adoption [RCW 34.05.315] 34.05.360] Other 86 Part III. Rule-making Agency must Procedures designate a Rules Coordinator and publish that person s name and address Before a rule is in proposed the State [RCW Register 34.05.310] [RCW 34.05.312] Agency must maintain a rule-making docket Proposed rule that [RCW lists 34.05.320] all proposed or adopted rules Rule adoption [RCW 34.05.315] 34.05.360] Other Any person may petition an agency to adopt, amend, or repeal a rule; the agency may deny the petition, but it must respond to it [RCW 34.05.330] ~~ 87 Constitutional due process may require notice and an opportunity to be heard when a person is deprived of a property interest (e.g., a license or benefit) 88 89 90 15
Constitutional due process may require notice and an opportunity to be heard when a person is deprived of a property interest (e.g., a license or benefit) The level of due process depends on: the private interest affected by the government action the risk of erroneous deprivation without additional due process the government s interest (including the public interest) Constitutional due process may require notice and an opportunity to be heard when a person is deprived of a property interest (e.g., a license or benefit) The level of due process depends on: the private interest affected by the government action the risk of erroneous Depending on the property interest at issue, due process may be provided before a person is deprived of an interest (predeprivation) or afterwards (postdeprivation) deprivation without additional due process the government s interest (including the public interest) What is an adjudicative proceeding? 91 ~ 92 93 What is an adjudicative proceeding? An adjudicative proceeding is a hearing in which a person subject to agency action has an opportunity to be heard by the agency 94 What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? 95 Full adjudicative proceedings What is an adjudicative proceeding? [RCW 34.05, Part IV generally] Are there different kinds of adjudicative Brief adjudicative proceedings? proceedings (BAPs) [RCW 34.05.482 -.494] Emergency adjudicative proceedings [RCW 34.05.479] Summary suspensions [RCW 34.05.422(4)] ~ 96 16
When required to provide constitutional due process What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? Constitutional background When required principles by statute What is an adjudicative When a proceeding? person applies for an Are there different adjudicative kinds of adjudicative proceeding proceedings? and the When is an adjudicative agency proceeding agrees to conduct required? an adjudicative proceeding When an agency decides to conduct an administrative proceeding What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? How is an adjudicative proceeding conducted? 97 ~ 98 99 Initiating document Administrative Agency order, etc. Law Statement of charges, etc. Other agency determination What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? How is an adjudicative proceeding conducted? Initiating document Administrative Agency order, etc. Law Statement of charges, etc. Other agency determination Response What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? How is an adjudicative proceeding conducted? Initiating document Administrative Agency order, etc. Law Statement of charges, etc. Other agency determination Response Prehearing conference What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? How is an adjudicative proceeding conducted? 100 101 102 17
Initiating document Administrative Agency order, etc. Law Statement of charges, etc. Other agency determination Response Prehearing conference What is an adjudicative Presentation proceeding? of evidence and arguments Are there different kinds of Briefs, adjudicative documents proceedings? When is an adjudicative proceeding Testimony, required? oral arguments How is an adjudicative proceeding conducted? Initiating document Administrative Agency order, etc. Law Statement of charges, etc. Other agency determination Response Prehearing conference What is an adjudicative Presentation proceeding? of evidence and arguments Are there different kinds of Briefs, adjudicative documents proceedings? When is an adjudicative proceeding Testimony, required? oral arguments How is an adjudicative Order proceeding conducted? Findings of Fact Conclusions of Law ~ What is an adjudicative proceeding? Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? How is an adjudicative proceeding conducted? What is the record? 103 104 105 Administrative each adjudicative proceeding Law An agency must maintain an official record of [RCW 34.05.476(1)] The record generally must include all documents, Part IV. Adjudicative orders, Proceedings transcripts, and evidence submitted by the parties and considered by the agency or prepared Constitutional background by the principles agency the course of the adjudicative What is an adjudicative proceeding proceeding? [RCW 34.05.476(2)] Are there different kinds of adjudicative proceedings? When is an adjudicative proceeding required? How is an adjudicative proceeding conducted? What is the record? Administrative each adjudicative proceeding Law An agency must maintain an official record of [RCW 34.05.476(1)] The record generally must include all documents, Part IV. Adjudicative orders, Proceedings transcripts, and evidence submitted by the parties and considered by the agency or prepared Constitutional background by the principles agency the course of the adjudicative What is an adjudicative proceeding proceeding? [RCW 34.05.476(2)] Except as provided otherwise by statute, Are there different kinds of adjudicative proceedings? the agency record constitutes the exclusive basis When is an adjudicative for agency proceeding action required? in adjudicative proceedings How is an adjudicative under proceeding the APA and conducted? for judicial review of adjudicative proceedings What is the record?[rcw 34.05.476(3)] ~~ Part V. Judicial Review and Civil Enforcement 106 107 108 18
Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Rules [RCW 34.05.570(2)] A court may invalidate a rule only if it finds the rule: Is unconstitutional Exceeds the agency s statutory authority Was adopted without compliance with statutory Part V. Judicial Review and Civil Enforcement rule-making procedures, or Is arbitrary and capricious Exclusive means for obtaining judicial review of agency action (RCW 34.05.510) Three types of agency action can be reviewed (RCW 34.05.570) 109 110 111 Rules [RCW 34.05.570(2)] A court may invalidate a rule only if it finds the rule: Final agency orders in adjudicative proceedings Is unconstitutional [RCW 34.05.570(3)] Exceeds the agency s statutory authority A Was court adopted may grant without relief compliance only if it finds: with statutory Part V. Judicial Review and Civil Enforcement rule-making The order, procedures, or the statute or or rule on which the order is Is arbitrary based, is and unconstitutional capricious Exclusive means The order for is obtaining outside the judicial agency s review statutory of agency authority action (RCW 34.05.510) or jurisdiction Three types The of agency has action engaged can in be unlawful reviewed procedure (RCW 34.05.570) The agency erroneously interpreted or applied the law The order is not supported by substantial evidence in the record The order is arbitrary or capricious [others] Rules [RCW 34.05.570(2)] A court may invalidate a rule only if it finds the rule: Final agency orders in adjudicative proceedings Is unconstitutional [RCW 34.05.570(3)] Exceeds the agency s statutory authority A Was court adopted may grant without relief compliance only if it finds: Part V. Other Judicial agency Review action and [RCW with Civil 34.05.570(4)] statutory Enforcement rule-making The order, procedures, or the statute or or rule on which the order is A court Is arbitrary based, may is and unconstitutional invalidate other agency action only if it finds: capricious Exclusive means The It order is for unconstitutional is obtaining outside the judicial agency s review statutory of agency authority action or (RCW 34.05.510) jurisdiction It exceeds the agency s statutory authority Three types The of It agency is arbitrary has action engaged and can capricious in be unlawful reviewed procedure (RCW 34.05.570) The or agency erroneously interpreted or applied the law The It order was is taken not supported by unauthorized by substantial persons evidence in the agency in the record ~ The order is arbitrary or capricious [others] Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Prudential requirements 112 113 114 19
Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Prudential requirements Standing [RCW 34.05.530] Exhaustion of administrative remedies [RCW 34.05.534] Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Prudential requirements Deference to agency fact-finding De novo review of agency s legal conclusions Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Prudential requirements Deference to agency fact-finding De novo review of agency s legal conclusions Burden on party challenging agency action [RCW 34.05.570(1)] 115 116 117 Part V. Judicial Review and Civil Enforcement Exclusive means for obtaining judicial review of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Prudential requirements Deference to agency fact-finding De novo review of agency s legal conclusions Burden on party challenging agency action [RCW 34.05.570(1)] Judicial relief [RCW 34.05.574] A court may: Affirm the agency action Order an agency to take action required by law Part V. Set Judicial aside, enjoin, Review or stay and the Civil agency Enforcement action Remand the matter for further proceedings, or Exclusive Enter means a declaratory for obtaining judgment judicial orderreview of agency action [RCW 34.05.510] Three types of agency action can be reviewed [RCW 34.05.570] Prudential requirements Deference to agency fact-finding De novo review of agency s legal conclusions Burden on party challenging agency action [RCW 34.05.570(1)] Judicial relief [RCW 34.05.574] A court may: Affirm the agency action Order an agency to take action required by law Part V. Set Judicial aside, enjoin, Review or stay and the Civil agency Enforcement action Remand the matter for further proceedings, or Exclusive Enter means a declaratory for obtaining judgment judicial orderreview of agency action [RCW 34.05.510] In reviewing matters within agency discretion, the court shall limit its function Three to assuring types that of agency the agency action has can exercised be reviewed its discretion [RCW in 34.05.570] accordance with law, Prudential and shall not requirements itself undertake to exercise the discretion that the legislature has placed in the agency Deference [RCW 34.05.574(1)] to agency fact-finding De novo review of agency s legal conclusions ~~ Burden on party challenging agency action [RCW 34.05.570(1)] Judicial relief [RCW 34.05.574] 118 119 120 20
Part VI. Legislative Review Part VI. Legislative Review Joint Administrative Rules Review Committee (JARRC) Part VI. Legislative Review Any person may petition for JARRC review Joint Administrative Rules Review Committee (JARRC) 121 122 123 JARRC may review: Any person may petition for JARRC review Agency rules to determine whether the rule is consistent with legislative intent Part VI. Legislative Review Joint Administrative Rules Review Committee (JARRC) JARRC may review: Any person may petition for JARRC review Agency rules to determine whether the rule is consistent with legislative intent Part VI. Legislative Review Agency policies, interpretive Joint Administrative Rules statements, Review and Committee documents (JARRC) to determine whether they should be adopted as rules JARRC may review: Any person may petition for JARRC review Agency rules to determine whether the rule is consistent with legislative intent Part VI. Legislative Review Agency policies, interpretive Joint Administrative Rules statements, Review and Committee documents (JARRC) to determine whether they should be adopted as rules An agency must respond to a JARRC determination by scheduling a hearing and fully considering all public comments received 124 125 126 21
JARRC may review: Any person may petition for JARRC review Agency rules to determine whether the rule is consistent with legislative intent Part VI. Legislative Review Agency policies, interpretive Joint Administrative Rules statements, Review and Committee documents (JARRC) to determine whether they should be adopted as rules An agency must respond to a JARRC determination by scheduling a hearing and fully considering all public comments received Part VI. Legislative Review Joint Administrative Rules Review Committee (JARRC) Legislative change to agency s substantive law Part VI. Legislative Review Joint Administrative Rules Review Committee (JARRC) Legislative change to agency s substantive law Legislative change to agency s budget appropriation JARRC may recommend statutory changes to the Legislature ~ 127 128 129 End 130 22