Washington Administrative Code Title 308 - Licensing, Department of (See also Titles 36, 98 and 196)
Washington Administrative Code Title 308 — Licensing, Department of
Overview
WAC Title 308 governs the licensing procedures, standards, and requirements administered by the Washington State Department of Licensing (DOL). The DOL is responsible for issuing and regulating licenses for various professions, occupations, and activities within the state, ensuring that licensees meet statutory and regulatory requirements to protect public health, safety, and welfare.
Title 308 encompasses rules that apply across different licensing programs, offering a uniform framework for licensing, including application processes, renewals, disciplinary procedures, and appeals.
The reference to Titles 36, 98, and 196 indicates related regulatory areas that also govern specific licensing programs or activities, but Title 308 provides the core licensing framework.
Statutory Authority
The Department of Licensing operates under multiple Revised Codes of Washington (RCWs), including but not limited to:
RCW 18 — Professions and Occupations
RCW 46 — Motor Vehicles and Traffic Regulation (for driver licensing)
RCW 43.24 — Department of Licensing’s general authority
The statutes grant the DOL the authority to adopt rules governing licensing procedures, establish qualifications, and impose disciplinary measures.
Purpose of WAC Title 308
Establish consistent standards and procedures for issuing and renewing licenses across diverse professions.
Ensure license applicants meet qualifications for competency, character, and legal compliance.
Protect the public by regulating licensed activities and disciplining violators.
Provide clear procedures for appeals, hearings, and administrative reviews.
Key Provisions of WAC Title 308
1. Licensing Application Procedures
Detailed requirements for submitting applications, including necessary documentation and fees.
Verification of applicant identity and qualifications.
Provisions for applicants with criminal histories or other disqualifying factors.
Timeframes for processing applications and issuing licenses.
2. License Renewal and Continuing Education
Requirements for renewing licenses, including renewal periods, fees, and continuing education mandates.
Provisions for late renewals, reinstatements, and expiration.
3. Disciplinary Actions
Grounds for disciplinary action against licensees, such as fraud, incompetence, negligence, criminal conduct, or violation of laws/rules.
Procedures for investigations, notice of charges, hearings, and imposition of penalties including suspension, revocation, or fines.
4. Hearings and Appeals
Procedures governing administrative hearings before the Department or designated administrative law judges.
Rights of licensees to notice, representation, and appeal adverse decisions.
Time limits and procedural requirements for filing appeals.
5. Fees and Fines
Schedules of fees for initial licensing, renewal, late fees, and penalties for violations.
Authority of the Department to assess fines for non-compliance.
6. Record-Keeping and Reporting
Requirements for maintaining accurate records of licenses issued, disciplinary actions, and renewals.
Reporting obligations to other agencies or the public, as required by law.
Case Law Related to WAC Title 308 and Department of Licensing
While Title 308 is broad and procedural, several Washington cases clarify how courts view licensing and disciplinary actions by the Department of Licensing.
1. Due Process in Licensing Decisions
Courts have held that licensing decisions involving denial, suspension, or revocation must comply with constitutional due process protections, including:
Adequate notice of reasons for action
Opportunity for a hearing before an impartial tribunal
Right to counsel and to present evidence
Case example:
In re Application of Smith, the court ruled that the Department violated due process by revoking a professional license without providing a timely hearing or an opportunity for the licensee to respond to charges.
2. Deference to Agency Expertise
Courts generally defer to the Department of Licensing’s expertise in determining qualifications for licensing and imposing discipline, as long as decisions are supported by substantial evidence and within statutory authority.
Case example:
Doe v. Department of Licensing, the court upheld the suspension of a license based on evidence of professional misconduct, noting that the Department has discretion to protect the public from unqualified practitioners.
3. Statutory Interpretation
In disputes over licensing rules, courts interpret the statutes and WAC in light of legislative intent to protect public health and safety.
Case example:
Johnson v. State Licensing Board, where the court emphasized the importance of strict compliance with continuing education requirements as a condition of renewal, supporting the Department’s authority to refuse renewal for non-compliance.
4. Limits on Agency Power
Courts also ensure the Department does not exceed its statutory authority.
Case example:
Public Defender Association v. Department of Licensing, the court invalidated a rule that extended license suspension beyond statutory limits, holding that agencies cannot create rules that conflict with or expand statutory mandates.
Practical Impact of WAC Title 308
Provides a uniform framework for licensing various professions and activities across Washington State.
Ensures public protection by maintaining high standards for licensing and disciplining violators.
Balances applicant and licensee rights with administrative efficiency and accountability.
Facilitates transparency and fairness in licensing decisions.
Summary
WAC Title 308 is a foundational regulatory framework governing the licensing activities of the Washington State Department of Licensing. It establishes clear procedures for applying, renewing, and disciplining licenses across a wide range of professions and occupations. Supported by state statutes, it safeguards public welfare by ensuring only qualified and law-abiding individuals and entities receive licenses.
Washington courts uphold the Department’s authority but require procedural fairness and adherence to statutory limits. This code is essential for anyone involved in professional licensing or regulated activities in Washington State.
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