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(1) The
petitioner's rights to appeal are provided
in
RCW 46.20.308(9),
and nothing herein is intended to detract
from that statute.
(2) Grounds for a petition for
reconsideration are limited to evidence or
legal argument which are material to the
petitioner and that by the exercise of
reasonable diligence the petitioner or
petitioner's legal representative did not
and could not have produced at the time of
the hearing, or for other good and
sufficient reason as determined by the
hearing officer.
(3) The petition must state with
particularity any new evidence or new legal
argument that is proposed and why it was not
available at the time of the hearing. The
petition must specify with particularity the
portions of the initial order to which the
petition applies.
(4) A petition for reconsideration of a
final order shall be filed with the hearing
officer who signed that final order, within
ten days of the date that the hearing
officer signed it.
(5) The petition shall be disposed of
by the hearing officer who entered the
original final order, if reasonably
available. The disposition shall be in the
form of a written order denying the
petition, granting the petition and
dissolving or modifying the final order, or
granting the petition and setting the matter
for further hearing.
(6) If the petition is granted in whole
or in part, a new order shall be issued in
the same form as the original order, and
shall include the designation "amended" in
its title. This amended order shall
reference the petition for reconsideration
in its preamble, which sets out what the
hearing officer considered. Any amended
order shall include the "Findings of Fact
and Conclusions of Law" from the original
final order with amendments.
(7) The relief granted pursuant to a
petition for reconsideration is limited to
review of the designated evidence and/or
argument as identified in the petition. At
the hearing officer's discretion, a
supplemental hearing may be scheduled. Such
a petition is not grounds for a new hearing,
and the record already established shall
remain undisturbed.
(8) A petition for reconsideration does
not stay the department's action on the
petitioner's driving privilege as ordered by
the original final order. A petitioner
seeking a stay must file a separate petition
for that purpose. The hearing officer will
grant a stay only if the hearing officer
determines that it is likely that the
petitioner will prevail and the action be
reversed and that denying the stay will
create irreparable harm to the petitioner.
If the hearing officer grants such a
petition for a stay, the hearing officer
shall sign an order releasing the action and
crediting any time already served, and
subsequently sign an order sustaining or
reversing the action, as determined by the
amended final order. Disposition denying a
stay is not subject to review.
(9) An amended final order shall issue
either denying reconsideration or, in the
event reconsideration is granted, dissolving
or modifying the original final order. The
date of the amended final order begins the
thirty-day period for the petitioner to
appeal the amended final order, and there is
no longer a right to appeal the original
final order.
(10) The filing of a petition for
reconsideration is not a prerequisite for
filing an appeal. An order denying
reconsideration is not subject to appeal. |
