34.05.080 - Variation from time limits.

Variation from time limits.

(1) An agency may modify time limits established in this chapter only as set forth in this section. An agency may not modify time limits relating to rule-making procedures or the time limits for filing a petition for judicial review specified in RCW 34.05.542.

     (2) The time limits set forth in this chapter may be modified by rule of the agency or by rule of the chief administrative law judge if:

     (a) The agency has an agency head composed of a body of individuals serving part time who do not regularly meet on a schedule that would allow compliance with the time limits of this chapter in the normal course of agency affairs;

     (b) The agency does not have a permanent staff to comply with the time limits set forth in this chapter without substantial loss of efficiency and economy; and

     (c) The rights of persons dealing with the agency are not substantially impaired.

     (3) The time limits set forth in this chapter may be modified by rule if the agency determines that the change is necessary to the performance of its statutory duties. Agency rule may provide for emergency variation when required in a specific case.

     (4) Time limits may be changed pursuant to RCW 34.05.040.

     (5) Time limits may be waived pursuant to RCW 34.05.050.

     (6) Any modification in the time limits set forth in this chapter shall be to new time limits that are reasonable under the specific circumstances.

     (7) In an adjudicative proceeding, any agency whose time limits vary from those set forth in this chapter shall provide reasonable and adequate notice of the pertinent time limits to persons affected. The notice may be given by the presiding or reviewing officer involved in the proceeding.

     (8) Two years after July 1, 1989, the chief administrative law judge shall cause a survey to be made of variations by agencies from the time limits set forth in this chapter, and shall submit a written report of the results of the survey to the office of the governor.

[1989 c 175 § 3; 1988 c 288 § 108.]

Notes: Effective date -- 1989 c 175: See note following RCW 34.05.010.