§ 70.87.170 — Review of department action in accordance with administrative procedure act.

Washington § 70.87.170

• Jurisdiction: Washington
• Title 70: PUBLIC HEALTH AND SAFETY
• Ch. 70.87: ELEVATORS, LIFTING DEVICES, AND MOVING WALKS

Text

(1) Any person aggrieved by an order or action of the department denying, suspending, revoking, or refusing to renew a permit or license; assessing a penalty for a violation of this chapter; or ordering the operation of a conveyance to be discontinued, may request a hearing within fifteen days after notice of the department's order or action is received. The date the hearing was requested shall be the date the request for hearing was postmarked.

(2) The party requesting the hearing must accompany the request with a certified or cashier's check for two hundred dollars payable to the department, except that if a penalty assessment is the issue for the hearing, the check amount shall be ten percent of the penalty amount or two hundred dollars, whichever is less, but in no event less than one hundred dollars. The department shall refund the amount of the check if the party requesting the hearing prevails at the hearing; otherwise, the department shall retain the amount of the check.

(3) If the department does not receive a timely request for hearing, the department's order or action is final and may not be appealed.

(4) If the aggrieved party requests a hearing, the department shall ask an administrative law judge to preside over the hearing. The hearing shall be conducted in accordance with chapter 34.05 RCW.

Effective date — 2014 c 190: See note following RCW 19.28.131 .

Part headings and captions not law — Effective date — 2003 c 143: See notes following RCW 70.87.020 .

Legislative History

[2014 c 190 s 5;2003 c 143 s 18;2002 c 98 s 8;1983 c 123 s 16;1963 c 26 s 17.]