Petition for Reconsideration (Administrative Agency) - Washington

PETITION FOR RECONSIDERATION OF AGENCY FINAL ORDER

STATE OF WASHINGTON — BEFORE [AGENCY NAME]

Agency Case No.: [________________________________]

Agency: [________________________________]

IN THE MATTER OF:

[________________________________]
(Petitioner)

IMPORTANT FILING INFORMATION

I. PRELIMINARY STATEMENT

1. Petitioner, [________________________________] ("Petitioner"), by and through undersigned counsel, respectfully submits this Petition for Reconsideration of the Final Order issued by [________________________________] ("Agency") on [__/__/____] in the above-captioned matter, pursuant to RCW 34.05.470.

2. The Final Order was served on Petitioner on [__/__/____]. This Petition is filed on [__/__/____], within the 10-day period prescribed by RCW 34.05.470(1).

3. Petitioner seeks reconsideration on the specific grounds set forth below, as required by RCW 34.05.470(1).

II. JURISDICTION AND AUTHORITY

4. This Petition is authorized by RCW 34.05.470, which provides: "Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested."

5. The Agency has jurisdiction to reconsider its final orders under the Washington Administrative Procedure Act ("APA"), RCW 34.05.

6. The underlying proceeding was an adjudicative proceeding as defined by RCW 34.05.010(1), conducted pursuant to RCW 34.05.413-34.05.476 and the Agency's governing statutes and rules.

7. The Agency issued the Final Order pursuant to RCW 34.05.461, which governs the entry of orders in adjudicative proceedings.

III. PARTIES

8. Petitioner: [________________________________], whose address is [________________________________], [________________________________], Washington [____]. Petitioner was a ☐ respondent / ☐ applicant / ☐ licensee / ☐ permit holder / ☐ claimant / ☐ other: [________________________________] in the underlying adjudicative proceeding.

9. Agency/Respondent: [________________________________], located at [________________________________], [________________________________], Washington [____].

10. Other Parties (if applicable):

    • [________________________________]
    • [________________________________]

IV. PROCEDURAL HISTORY

11. On or about [__/__/____], the Agency initiated the proceeding by [________________________________] (describe initiating action — e.g., Statement of Charges, Notice of Intent, Denial of Application).

12. Petitioner was afforded notice and an opportunity for an adjudicative hearing pursuant to RCW 34.05.413-34.05.422.

13. An adjudicative hearing was conducted before [________________________________] (presiding officer / administrative law judge) on the following dates: [________________________________].

14. The presiding officer issued an ☐ Initial Order / ☐ Proposed Order on [__/__/____] pursuant to RCW 34.05.461.

15. ☐ Petitioner filed a petition for administrative review of the Initial Order on [__/__/____] pursuant to RCW 34.05.464.
    ☐ No petition for administrative review was filed.

16. The Agency's reviewing officer / Agency Head issued a Final Order on [__/__/____], which:

    • ☐ Affirmed the Initial/Proposed Order in full
    • ☐ Modified the Initial/Proposed Order as follows: [________________________________]
    • ☐ Reversed the Initial/Proposed Order and entered the following disposition: [________________________________]
    • ☐ Remanded for further proceedings on: [________________________________]

17. The Final Order was served on Petitioner on [__/__/____] by ☐ personal service / ☐ mail / ☐ electronic service.

V. SPECIFIC GROUNDS FOR RECONSIDERATION

RCW 34.05.470(1) requires that a petition for reconsideration state the "specific grounds upon which relief is requested." Petitioner submits the following specific grounds (check all that apply):

A. Error of Law

☐ The Final Order erroneously interpreted or applied the law.

18. The Agency erred as a matter of law in the following respects:

a. The Agency misinterpreted RCW [________________________________] / WAC [________________________________] by concluding that [________________________________]. The correct interpretation, established by [________________________________] (cite Washington Supreme Court or Court of Appeals authority), requires [________________________________].

b. The Agency applied an incorrect legal standard. The applicable standard under Washington law is [________________________________]. See [________________________________].

c. The Agency's Final Order is contrary to established Washington precedent. See [________________________________].

B. Findings Not Supported by Substantial Evidence

☐ The findings of fact are not supported by evidence that is substantial when viewed in light of the whole record.

19. Under RCW 34.05.570(3)(e), the court on judicial review determines whether the agency's order is "[n]ot supported by evidence that is substantial when viewed in light of the whole record before the court." The following findings fail this standard:

a. Finding No. [____]: [________________________________]. This finding is unsupported because [________________________________]. (Cite hearing transcript, exhibits.)

b. Finding No. [____]: [________________________________]. The evidence in the whole record, including [________________________________], does not support this finding.

C. Newly Discovered Evidence

☐ Relevant evidence has become available that was not available at the time of the hearing and could not have been available through the exercise of reasonable diligence.

20. Since the issuance of the Final Order, Petitioner has discovered the following evidence:

a. Description: [________________________________]

b. Reason not previously available despite reasonable diligence: [________________________________]

c. Materiality and probable effect on outcome: [________________________________]

d. Attached as Exhibit [____].

D. Material Mistake of Fact

☐ The Final Order is based on a material mistake of fact.

21. The Final Order is based on the following material factual error(s):

a. The Order states [________________________________], but the record evidence demonstrates [________________________________]. (Cite transcript, exhibits.)

b. [________________________________]

E. Agency Action Was Arbitrary or Capricious

☐ The Agency action was arbitrary or capricious.

22. Under RCW 34.05.570(3)(i), the Agency's action was arbitrary or capricious because:

a. [________________________________]

b. [________________________________]

F. Procedural Error

☐ The Agency failed to follow a prescribed procedure or committed a procedural error.

23. The Agency committed the following procedural errors:

a. [________________________________]. This violated RCW [________________________________] / WAC [________________________________].

b. The error was not harmless because [________________________________].

G. Agency Action Outside Statutory Authority

☐ The Agency action is outside the statutory authority of the Agency.

24. The Agency exceeded its statutory authority because:

a. [________________________________]

b. The Agency's enabling statute, RCW [________________________________], does not authorize [________________________________].

VI. ARGUMENT

25. [________________________________]

(Provide a detailed legal argument supporting each ground for reconsideration. Include citations to the hearing record, exhibits, RCW, WAC, and relevant Washington case law.)

26. [________________________________]

27. [________________________________]

VII. COMMON WASHINGTON AGENCIES AND SPECIFIC CONSIDERATIONS

Select the applicable agency and note any additional procedural requirements:

☐ Department of Ecology (ECY) — Pollution Control Hearings Board (PCHB) for appeals (RCW 43.21B)
☐ Department of Labor and Industries (L&I) — Workers' compensation; Board of Industrial Insurance Appeals (BIIA)
☐ Employment Security Department (ESD) — Unemployment insurance appeals; Commissioner's Review
☐ Department of Health (DOH) — Professional licensing discipline
☐ Department of Social and Health Services (DSHS) — Public assistance, child welfare, developmental disabilities hearings
☐ Department of Licensing (DOL) — Driver licensing, professional licensing
☐ Utilities and Transportation Commission (UTC) — Utility rate and regulatory proceedings
☐ Department of Revenue (DOR) — Tax assessment appeals
☐ Growth Management Hearings Board (GMHB) — Land use and growth management appeals
☐ Office of Insurance Commissioner (OIC) — Insurance regulatory hearings
☐ Liquor and Cannabis Board (LCB) — Licensing and enforcement
☐ Department of Natural Resources (DNR) — Forest practices, aquatic lands
☐ Other: [________________________________]

VIII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Agency:

28. ☐ Grant this Petition for Reconsideration;

29. ☐ Vacate the Final Order dated [__/__/____];

30. ☐ Modify the Final Order as follows: [________________________________];

31. ☐ Remand the matter for further adjudicative proceedings on the following issues: [________________________________];

32. ☐ Reopen the record to admit newly discovered evidence described in Section V.C above;

33. ☐ Consider the separately filed petition for stay of effectiveness under RCW 34.05.467, if one was submitted to the appropriate officer. This reconsideration petition alone does not stay the Final Order;

34. ☐ Grant such other and further relief as the Agency deems just and appropriate.

IX. CERTIFICATION OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition for Reconsideration was served upon the following parties by:

☐ Personal service
☐ U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if authorized by agency rules)

X. DECLARATION (Washington uses unsworn declarations under RCW 5.50.050)

I, [________________________________], declare under penalty of perjury under the laws of the State of Washington that the following is true and correct:

1. I am the ☐ Petitioner / ☐ Authorized representative / ☐ Attorney for Petitioner in the above-captioned matter.

2. The facts stated in this Petition for Reconsideration are true and correct to the best of my knowledge, information, and belief.

Dated this [____] day of [________________], [____], at [________________________________], Washington.

________________________________________
[Name]

XI. SIGNATURE BLOCK

________________________________________

[Attorney Name]

WSBA No. [____]

[Law Firm Name]

[Address Line 1]

[City, State ZIP]

Telephone: [Telephone]

Email: [Email]

Attorney for Petitioner

XII. EXHIBITS

☐ Exhibit A: Final Order dated [__/__/____]
☐ Exhibit B: Initial/Proposed Order (if applicable)
☐ Exhibit C: Petition for Administrative Review (if filed)
☐ Exhibit D: Hearing transcript excerpts (pages [____] through [____])
☐ Exhibit E: Newly discovered evidence (if applicable)
☐ Exhibit F: Supporting declarations
☐ Exhibit G: [________________________________]

NEXT STEPS AND PRACTICE NOTES

Critical Timeline

☐ Day 0: Final Order served on parties
☐ Day 10: Deadline to file Petition for Reconsideration (RCW 34.05.470(1))
☐ Day 20 after filing: Agency must either (a) dispose of the petition, or (b) serve written notice specifying the date by which it will act — otherwise, the petition is deemed denied (RCW 34.05.470(3))
☐ Day 30 from service of Final Order (or from disposition of a timely, procedurally compliant reconsideration petition): File and serve Petition for Judicial Review (RCW 34.05.542(2); 34.05.470(3))

Filing Checklist

☐ Verify that the Petition is filed within 10 days of service of the Final Order — this is a strict deadline
☐ State "specific grounds upon which relief is requested" as required by statute
☐ Comply with any agency-specific procedural rules for reconsideration
☐ Serve all parties of record
☐ Attach all referenced exhibits
☐ Calendar the 20-day deemed-denial date and the 30-day judicial review deadline
☐ If enforcement must pause, submit a separate petition for stay to the presiding or reviewing officer within ten days after service of the final order, unless another statute or the order provides otherwise (RCW 34.05.467)

Tolling Effect

☐ When a petition for reconsideration is timely and complies with agency rules, the judicial review filing period does not commence until agency disposition (RCW 34.05.470(3))
☐ The judicial review clock does not restart until the agency disposes of the petition or the petition is deemed denied
☐ Filing a petition for reconsideration is NOT a prerequisite to judicial review — you may proceed directly to court if preferred

Judicial Review Considerations

☐ Petition for judicial review filed with Superior Court in the county specified by RCW 34.05.514
☐ File with the court and serve the agency, the office of the attorney general, and all parties of record within 30 days after service of the final order (or after disposition of a timely, procedurally compliant reconsideration petition) (RCW 34.05.542(2); 34.05.470(3)). Untimely service on the Attorney General's office alone is not grounds for dismissal (§ 34.05.542(5)).
☐ The court reviews the agency record and may not substitute its judgment for that of the agency on questions of fact
☐ Standards of review under RCW 34.05.570(3): unconstitutional; outside statutory authority; arbitrary or capricious; not supported by substantial evidence (in light of whole record); and others
☐ The petitioner bears the burden of demonstrating the invalidity of agency action (RCW 34.05.570(1)(a))

SOURCES AND REFERENCES

• Washington Administrative Procedure Act: RCW 34.05
• Reconsideration: RCW 34.05.470
• Entry of Orders: RCW 34.05.461
• Administrative Review of Initial Order: RCW 34.05.464
• Judicial Review: RCW 34.05.510-34.05.598
• Petition for Review — Where Filed: RCW 34.05.514
• Scope of Judicial Review: RCW 34.05.570
• Filing Deadline for Judicial Review: RCW 34.05.542
• Unsworn Declarations (penalty of perjury): RCW 5.50 (Uniform Unsworn Declarations Act; RCW 9A.72.085 was repealed effective July 1, 2021)
• Washington State Legislature: https://app.leg.wa.gov/rcw/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified attorney licensed in Washington.