Category: Community resources

Administrative Appeal: What is it?

State agencies issue decisions or orders in response to claims filed by individuals. Examples of claims decided by state agencies are worker’s compensation claims, unemployment benefits claims, and the restoration of driver’s licenses. If you disagree with the decision made by the agency in response to your claim at the initial administrative hearing, you may appeal that decision within the agency. Each agency designates its own process for filing an appeal within the agency. This means that each agency may have slightly different procedures for appealing an agency decision. If you disagree with the result of the appeal within the agency, you may then appeal the decision to a state Superior Court.

What if My Appeal is Not Governed by the APA?

Note: This document is a summary of important points found in Chapter 14 of the Washington Administrative Law Practice Manual (WALPM). It is not comprehensive; the text needs to be consulted for applicability to specific situations.

What is a Non-APA Administrative Appeal?

Decisions or orders from local governmental agencies or municipal corporations can be appealed to the Superior Court. The Administrative Procedure Act does not apply to these entities.

What Laws Govern Non-APA Administrative Appeals?

The three avenues for judicial review of administrative decisions are:

  • Direct appeal authorized by statute. You should consult the specific statute governing the appropriate local government action in question. For example, the Land Use Petition Act covers judicial review of land use decisions. RCW 36.70C.
  • Statutory writ of certiorari. RCW 7.16. Local government action is reviewable by statutory writ of certiorari.
  • Inherent authority of the courts: The Constitutional writ of review. Article IV, Section 6 of the Washington State Constitution states that the Superior Court has inherent power to review administrative decisions for illegal or manifestly arbitrary acts.

How to Proceed:

  • Exhaust all procedural requirements specified in applicable statutes or ordinances.
  • Follow the standard form for application for judicial review consistent with RCW 7.16. This section of the RCW covers Certiorari, Mandamus, and Prohibition.
  • Examine Washington Administrative Law Practice Manual (WALPM) §14.05 for a discussion of the form of the writ, production of the record, and briefing.
  • Review the sample petition for a writ of mandamus in Washington Criminal Practice in Courts of Limited Jurisdiction, Vol. 2, Form 63 & Form 66.

Environmental Hearings Office

The mission of the Environmental Hearings Office (EHO), which is comprised of two independent environmental boards, is to conduct fair and impartial hearings and issue clear and well-reasoned decisions, provide expeditious and efficient resolution of environmental appeals through hearings and alternative dispute resolution processes, foster a consistent statewide interpretation of Washington’s environmental laws in agency decision making and appeals, and assist parties in understanding the hearing process to ensure meaningful and enhanced access to justice. The website contains EHO decisions back to 1970, as well as sample forms for conducting an administrative appeal of an EHO decision.

https://www.eluho.wa.gov/

(360) 664-9160

eluho@eluho.wa.gov

ESD Precedential Decisions of Commissioner

The Precedential Decisions of Commissioner set forth interpretations of both procedural and substantive law governing adjudications under the Washington State Employment Security Act, Title 50 RCW. The Decisions are binding on Department adjudicators, administrative law judges of the Office of Administrative Hearings and the review judges of the Commissioner’s Review Office. The Decisions have been cited as persuasive authority by the Washington State trial and appellate courts.

https://govt.westlaw.com/wapcd/Index?__lrguid=id3c38c0da8ab47fdacd40391e1614d5d