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WAC 4-25-540
WAC 4-25-540 What rules
govern the proceedings before the board?
Except where they are inconsistent
with the rules in this chapter and subject to additional rules that the
board may adopt from time to time, practice and procedure in and before
the board are governed by the uniform procedural rules codified in the
Washington Administrative Code, chapter 10-08
WAC.
For certain types of decisions, the
board has adopted an appeal process authorized by RCW
34.05.482 through
34.05.494 which is called a brief adjudicative proceeding. Decisions to
which this appeal process will be applied are:
(1) Denials of initial individual
license applications, renewals, or applications for reinstatement;
(2) Denials of CPA-Inactive
certificate renewals or applications for reinstatement;
(3) Denials of practice privilege;
(4) Denials of initial resident
nonlicensee firm owner registration applications, renewals, or
applications for reinstatement;
(5) Denials of initial firm license
applications, renewals, and amendments;
(6) Denials of exam applications;
and
(7) A determination whether a
licensee, CPA-Inactive certificateholder, or registered nonlicensee firm
owner has been certified by a lending agency and reported for nonpayment
or default on a federally or state-guaranteed student loan or service
conditional scholarship. To appeal a decision you must submit your request
for a brief adjudicative proceeding, in writing, to the board within
thirty days after the decision by board staff is posted in the U.S. mail.
The presiding officer for the brief adjudicative proceedings is the
executive director, or designee. After consulting with a board member, the
executive director, or designee, renders a decision either upholding or
overturning the decision by board staff. This decision, called an order,
is mailed to you.
If you are dissatisfied with the
order in the brief adjudicative proceeding, you may appeal to the board's
vice-chair, or designee. This appeal process is called an administrative
review. Your appeal must be received by the board, orally or in writing,
within twenty-one days after the brief adjudicative proceedings order is
posted in the U.S. mail. The vice-chair, or designee, considers your
appeal and either upholds or overturns the brief adjudicative proceeding
order. The vice-chair's, or designee's, decision, also called an order, is
mailed to you.
[Statutory Authority: RCW 18.04.055(1),
34.05.222 [34.05.220],
and 34.05.482.
05-01-137, § 4-25-540, filed 12/16/04, effective 1/31/05.
Statutory Authority: RCW
18.04.055(1); 34.05.220; and 34.05.482. 02-04-64, § 4-25-540, filed
1/31/02, effective 3/15/02. Statutory Authority: RCW 18.04.055(1) and
34.05.482. 00-11-070, § 4-25-540, filed 5/15/00, effective 6/30/00.
Statutory Authority: RCW 18.04.055(1) and 34.05.482. 98-12-022, §
4-25-540, filed 5/27/98, effective 6/27/98. Statutory Authority: RCW
18.04.055. 93-12-074, § 4-25-540, filed 5/27/93, effective 7/1/93.]
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