Administrative Procedure Act appeal
In addition to the Rule 100 reviews, the Administrative Review and Hearings Division conducts appeals under the Administrative Procedures Act (Chapter 34.05 RCW).
The Department is required to conduct certain appeals under the Administrative Procedure Act (APA), where a record is maintained and the parties are prohibited from contact with the decision maker without the other party present.
These appeals involve:
- Business certificate of registration revocation under RCW 82.32.215.
- Denial of application or revocation of a reseller permit under RCW 82.32.780.
- Assessment of unclaimed property or denial of return of unclaimed property.
- Cigarette forfeitures under RCW 82.24.130 and 82.24.135
- Renewable Energy Certification under RCW 82.16.110
- Recommendations to suspend, not renew, or not issue a spirits license under RCW 82.08.155
- Assessments of unpaid fees against manufactured and mobile home communities under chapter 59.30 RCW
- Log export enforcement actions under 240-15 WAC
- Orders to county officials issued under RCW 84.08.190 and 84.41.120
In most of the APA appeals, the Department will appoint a presiding officer who is an employee of one of the operating divisions to conduct a brief adjudicative proceeding. That presiding officer will issue an “initial order” in the case, which will become final unless you timely appeal. If the presiding officer issues an initial order against you, you may appeal that initial order to a reviewing officer (Administrative Law Judge or ALJ) that works in the Administrative Review and Hearings division of the Department as explained below. The initial order will explain the next steps to appeal.
How to request an APA appeal of a Brief Adjudicative Proceeding (BAP)
An adverse initial order must be appealed within 21 days of that order. The initial order will explain how you may petition based on the type of action you want to appeal. You may use the form titled Brief Adjudicative Proceeding Appeal Review of Initial Order. You can make an appeal petition in writing or by telephone. Either way, you have the opportunity to describe the reasons for your appeal in that petition. If you wish to have the reviewing officer consider any documents during the review process, you must submit the documentation on the same day you file your appeal petition.
You must file your appeal petition with our office within 21 days of the initial order at:
Department of Revenue
Administrative Review and Hearings Division
P.O. Box 47460
Olympia, WA 98504-7460
Telephone Number: 360-534-1335
Actions not covered by a BAP
The action will notify you of your appeal rights see WAC 458-20-10002 or WAC 458-20-273.
Review of your APA appeal
Brief Adjudicative Proceedings: Generally, the reviewing officer decides the appeal by a review of the record only. A decision will then usually be issued within 20 days of our receipt of your appeal petition. The decision is the final action of the Department unless specified otherwise.
Other APA proceedings: You and the division whose action is being appealed will be contacted by the assigned ALJ to schedule the proceedings and you will receive notice of future steps in the process.
For more information on specific types of APA appeals, and the procedures involved, see the following:
- Revocation appeal procedures, see WAC 458-20-10001
- Reseller Permit appeals, see WAC 458-20-10202, RCW 82.32.780 and RCW 82.32.783
- Matters related to suspension, nonrenewal, and nonissuance of licenses to sell spirits, see WAC 458-20-10003
- Matters related to assessments and warrants for unpaid fees issued to manufactured and mobile home communities, see WAC 458-20-10004
- Purchasing export timber from public lands, see Chapter 240-15 WAC and WAC 458-20-10002
- Refunding or rebating of tax by seller, see RCW 84.08.120
- County Assessor records and orders to county officials, see RCW 84.41.120, RCW 84-08-120, and WAC 458-20-10002
- Renewable Energy Certification, see RCW 82.16.110 and WAC 458-20-273