Professional Licensing Appeal - Washington State

PETITION FOR JUDICIAL REVIEW OF PROFESSIONAL LICENSING DECISION

SUPERIOR COURT OF WASHINGTON

[________________________________] COUNTY

No. [____________________]

PETITION FOR JUDICIAL REVIEW

(RCW 34.05.510 et seq. – Washington Administrative Procedure Act)

I. PRELIMINARY STATEMENT

Petitioner [________________________________] (hereinafter "Petitioner" or "Licensee"), by and through undersigned counsel, respectfully petitions this Court for judicial review of the final agency order of the [________________________________] (hereinafter "Agency" or "Board"), dated [__/__/____], which [denied Petitioner's application for / suspended / revoked / imposed conditions upon] Petitioner's [________________________________] license (License No. [____________________]).

Petitioner seeks relief only on the grounds selected and supported below under RCW 34.05.570. The petitioner bears the burden of demonstrating invalid agency action and must also show substantial prejudice. This petition is filed and served within the period calculated under RCW 34.05.542, as affected by any timely and procedurally compliant petition for reconsideration under RCW 34.05.470.

II. JURISDICTION, VENUE, AND TIMELINESS

A. Subject Matter Jurisdiction

Chapter 34.05 RCW generally supplies the exclusive means of judicial review, subject to the exceptions in RCW 34.05.510 and any profession-specific statute. Petitioner must satisfy all three standing elements in RCW 34.05.530: prejudice or likely prejudice, an asserted interest the agency was required to consider, and redressability.

B. Venue

Subject to the special proceedings in RCW 34.05.514(2)-(4), Petitioner selects this permitted venue under subsection (1):

☐ Thurston County.

☐ The county of Petitioner's residence: [________________________________] County.

☐ The county of Petitioner's principal place of business: [________________________________] County.

☐ A county where Petitioner owns property affected by the contested decision: [________________________________] County; property and effect: [________________________________].

Filing requires the fee prescribed by RCW 36.18.020 unless a valid waiver or other exception applies. Confirm the amount on the filing date.

C. Timeliness

• Date of final agency order: [__/__/____]
• Date final order was served on Petitioner: [__/__/____]
• Timely reconsideration filed under agency rules: ☐ No ☐ Yes, on [__/__/____]
• Reconsideration disposed of, deemed denied, or extended by written notice on: [__/__/____]
• Filing and service deadline calculated under RCW 34.05.542 and .470: [__/__/____]
• Date of this Petition: [__/__/____]

For review of an order, RCW 34.05.542(2) requires both filing with the court and service on the agency, the Office of the Attorney General, and every party of record within 30 days after service of the final order, subject to other law and the reconsideration rule above.

D. Exhaustion of Administrative Remedies

Petitioner has exhausted all available administrative remedies as required by RCW 34.05.534, or relies on the selected statutory exception:

☐ No further administrative review is available after the identified final order.

☐ Exhaustion is not required under: [exact statute].

☐ Petitioner asks the court for relief from exhaustion under RCW 34.05.534(3) because: ☐ patently inadequate remedies ☐ futility ☐ grave irreparable harm clearly outweighing the exhaustion policy. Supporting facts: [________________________________].

Reconsideration note: RCW 34.05.470(5) states that reconsideration is not a prerequisite to judicial review. If a compliant petition is timely filed, however, subsection (3) delays commencement of the judicial-review filing period until disposition, deemed denial, or the agency's written extension procedure.

III. PARTIES

A. Petitioner

Petitioner [________________________________] is a licensed [________________________________] (License No. [____________________]) residing at [________________________________], [________________________________], Washington [____]. Petitioner holds/held a professional license regulated by the Agency under RCW [____] and is directly aggrieved by the Agency's final order.

B. Respondent

Respondent [________________________________] is a Washington State agency/board located at [________________________________], [________________________________], Washington [____]. The Agency has jurisdiction over licensure of [________________________________] professionals in Washington under RCW [____]. The Agency's action is subject to judicial review under RCW 34.05.510 et seq.

Note: Under the Uniform Disciplinary Act (RCW 18.130), the disciplining authority may be the Department of Health, a specific licensing board, or a commission depending on the profession. Confirm the correct respondent name.

IV. PROCEDURAL HISTORY

A. Licensing Background

1. Petitioner obtained a [________________________________] license from the Agency on [__/__/____], License No. [____________________].

2. Petitioner has been licensed in Washington for [____] years and has maintained an active practice at [________________________________].

B. Agency Proceeding

3. On [__/__/____], the Agency issued [a Statement of Charges / Statement of Intent to Deny / other initiating document] under ☐ RCW 18.130.090 (UDA) ☐ RCW 18.235.050 (URBPA) ☐ other verified authority: [________________________________], alleging: [________________________________].

4. Petitioner was served with the Statement of Charges on [__/__/____].

5. Petitioner timely requested a hearing on [__/__/____].

6. An adjudicative proceeding governed by chapter 34.05 RCW and the selected licensing act was conducted before [presiding officer / board / administrative law judge] on [__/__/____] through [__/__/____] at [________________________________].

7. ☐ A presiding officer issued an Initial Order on [__/__/____], finding: [________________________________]. ☐ The Agency instead entered the identified order directly as a Final Order.

8. [________________________________] sought administrative review of the initial order under [verified agency rule or statute] on [__/__/____]. Delete this paragraph if the identified order was entered directly as a final order.

9. On [__/__/____], the Agency issued its Final Order, which: [________________________________] (the "Final Order"). The Final Order is attached hereto as Exhibit A.

10. The Final Order was served on Petitioner on [__/__/____].

V. STANDARD OF REVIEW

Under RCW 34.05.570(1), Petitioner bears the burden of demonstrating invalidity, the court applies the statutory standards to the action when taken, and relief requires substantial prejudice. For review of an order, select only grounds that the record and law support under RCW 34.05.570(3):

(a) The order, or the statute or rule on which the order is based, is in violation of constitutional provisions on its face or as applied;

(b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law;

(c) The agency has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure;

(d) The agency has erroneously interpreted or applied the law;

(e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the court, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this chapter;

(f) The agency has not decided all issues requiring resolution by the agency;

(g) A motion for disqualification of an agency member for cause was made and improperly denied;

(h) The order is inconsistent with a rule of the agency unless the agency explains the inconsistency by stating facts and reasons to demonstrate a rational basis for inconsistency; or

(i) The order is arbitrary or capricious.

Do not convert these alternatives into a generic checklist allegation. Identify the exact challenged finding, conclusion, procedure, or exercise of authority and explain the substantial prejudice it caused.

VI. ISSUES PRESENTED

1. Whether the Agency's Final Order is supported by substantial evidence in the record as a whole.

2. Whether the Agency erroneously interpreted or applied the law governing [________________________________] conduct under RCW [____].

3. Whether the identified agency action was arbitrary or capricious under RCW 34.05.570(3)(i).

4. [Additional Issue: ________________________________]

5. [Additional Issue: ________________________________]

VII. STATEMENT OF FACTS

A. Petitioner's Professional Background

Petitioner is a licensed [________________________________] with [____] years of experience in the field. Petitioner's practice is located at [________________________________] and serves approximately [____] clients/patients annually.

[Describe professional background, specializations, and any prior disciplinary record or lack thereof.]

B. The Alleged Conduct

The Agency's Statement of Charges alleged that on or about [__/__/____], Petitioner [________________________________]. The Agency alleged these actions violated RCW [____] and/or WAC [____].

[Describe the specific conduct at issue, including any client/patient interactions, documents, communications, or other relevant facts.]

C. The Contested Case Hearing

At the hearing conducted on [__/__/____], the following evidence was presented:

1. Testimony of Petitioner: [Summarize Petitioner's testimony.]

2. Testimony of Agency Witnesses: [Summarize key witness testimony.]

3. Documentary Evidence: [Describe key exhibits admitted into evidence.]

4. Expert Testimony: [Summarize any expert testimony, qualifications, and conclusions.]

D. The Agency's Final Order

Notwithstanding the evidence, the Agency found: [________________________________]. The Agency imposed the following sanctions under ☐ RCW 18.130.160 (UDA) ☐ the applicable URBPA provision and profession-specific law identified here: [________________________________].

[Describe specific findings of fact and conclusions of law in the Final Order that are being challenged, with record citations (e.g., "Admin. Record at p. ___.").]

VIII. ARGUMENT

A. The Agency's Findings Are Not Supported by Substantial Evidence

Under RCW 34.05.570(3)(e), relief may be available if the order is not supported by evidence that is substantial when viewed in light of the whole agency record. The argument must use the agency record rather than ask the superior court to retry disputed facts.

Here, the Agency's finding that [________________________________] is not supported by substantial evidence because:

1. [Specific evidentiary gap or contradiction in the record:] [________________________________]

2. [Specific finding contradicted by evidence:] The record reflects that [________________________________], yet the Agency found [________________________________]. Admin. Record at p. [____].

3. [Witness credibility or weight of evidence issues:] [________________________________]

B. The Agency Erroneously Interpreted or Applied Applicable Law

RCW 34.05.570(3)(d) addresses an erroneous interpretation or application of law. Identify the controlling text, the agency's interpretation or application, and the resulting substantial prejudice.

The Agency concluded that Petitioner's conduct violated RCW [____] and/or WAC [____]. However, this interpretation is erroneous because:

1. [Legal argument 1:] [________________________________]

2. [Legal argument 2:] The plain meaning of RCW [____] requires [________________________________], yet the Agency construed the statute to require [________________________________], which exceeds the Agency's statutory authority under RCW 34.05.570(3)(b).

3. [Procedural argument:] [________________________________]

C. The Agency's Decision Was Arbitrary and Capricious

RCW 34.05.570(3)(i) permits relief for arbitrary or capricious agency action. Tie the argument to the actual decision-making record and explain the substantial prejudice rather than relying on a conclusory label.

The Agency's imposition of [suspension/revocation/conditions] was arbitrary and capricious because:

1. [Disproportionate sanction:] [________________________________]

2. [Inconsistent application of standards:] [________________________________]

3. [Failure to apply the governing sanction schedule or required factors:] The Agency failed to apply [exact current WAC or profession-specific source] because [________________________________].

D. The Agency Violated Petitioner's Due Process Rights

[If applicable:] Petitioner was deprived of constitutionally protected property and liberty interests in the professional license without adequate due process because:

1. [Notice deficiency:] [________________________________]

2. [Hearing procedure violation:] [________________________________]

3. [Bias or prejudgment:] [________________________________]

IX. REQUEST FOR STAY PENDING JUDICIAL REVIEW

Petitioner requests temporary relief under RCW 34.05.550 and the applicable licensing act: ☐ RCW 18.130.130 (UDA) ☐ RCW 18.235.080 (URBPA) ☐ other: [________________________________]. A court motion is available only after the petition for judicial review has been filed. The agency may separately grant a stay unless law precludes it.

A disciplinary order under either selected licensing act takes effect immediately on service and is not automatically stayed. Any stay must include terms necessary to protect the public. Complete the applicable standard:

☐ Public-health, safety, or welfare action: RCW 34.05.550(3) requires findings on all four statutory elements:

1. Petitioner is likely to prevail when the court finally disposes of the matter because [________________________________].

2. Without relief Petitioner will suffer irreparable injury because [________________________________].

3. Relief will not substantially harm other parties because [________________________________].

4. The threat to public health, safety, or welfare is not sufficiently serious to justify the agency action in the circumstances because [________________________________].

☐ Other agency action: State the governing temporary-relief standard, requested terms, and public-protection conditions supported by the actual order and applicable law: [________________________________].

X. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

1. Review the agency record transmitted under RCW 34.05.566;

2. Set aside and vacate the Agency's Final Order dated [__/__/____] pursuant to RCW 34.05.570 and 34.05.574;

3. Alternatively, remand the matter to the Agency for further proceedings consistent with this Court's order;

4. Issue an order staying enforcement of the Final Order pending conclusion of this judicial review proceeding pursuant to RCW 34.05.550;

5. Order only relief authorized by RCW 34.05.574 and any applicable profession-specific law. The court ordinarily remands matters within agency discretion; the sole remedy for a wrongful examination-based licensure denial is the retake remedy in RCW 34.05.574(2);

6. Award allowable costs under RCW 4.84.010 and, only if Petitioner proves qualified-party status and all other requirements, fees and expenses under RCW 4.84.340-.360; and

7. Grant such other and further relief as the Court deems just and equitable.

XI. VERIFICATION

I, [________________________________], declare under penalty of perjury under the law of Washington that the foregoing is true and correct.

1. I am the Petitioner in this action and have personal knowledge of the facts set forth in this Petition.

2. I have read the foregoing Petition and believe its contents to be true and correct to the best of my knowledge and belief.

3. The exhibits attached hereto are true and correct copies of the originals.

Signed on the [____] day of [________________________________], [________], at [city or other location, state or country].

Printed name: [________________________________]

Signature: __________________________________________

XII. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
Attorney for Petitioner

[________________________________]
[Firm Name]
[________________________________]
[Street Address]
[________________________________], WA [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
WSBA No. [____]

Date: [__/__/____]

XIII. PROOF OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of this Petition for Judicial Review upon the following parties by the method indicated:

☐ Respondent Agency: Delivered to the office of the director, other chief administrative officer, or chairperson at the agency's principal office, or served through the attorney of record as authorized by RCW 34.05.542(4), (6):
[________________________________]
[________________________________]
Method and proof: [________________________________]

☐ Office of the Attorney General of Washington:
Current address or attorney of record: [________________________________]
Method and proof: [________________________________]

☐ Every other party of record:

RCW 34.05.542—not RCW 34.05.514—governs the filing-and-service deadline and recipients. Mail service on parties of record and the Office of the Attorney General is deemed complete on deposit as evidenced by the postmark. Confirm any different authorized method before relying on email or e-service.

[________________________________]
[Name of Person Completing Service]

EXHIBITS

• Exhibit A: Final Agency Order dated [__/__/____]
• Exhibit B: Statement of Charges dated [__/__/____]
• Exhibit C: Initial Order of ALJ dated [__/__/____]
• Exhibit D: Petitioner's Request for Hearing dated [__/__/____]
• Exhibit E: [Other relevant documents, including hearing transcript excerpts]
• Exhibit F: [Expert reports or declarations]
• Exhibit G: [Supporting declarations]

PRACTICE NOTES FOR ATTORNEY

• Deadline: Petition must be filed within 30 days of service of the final order under RCW 34.05.542. Confirm the exact date the order was served—not mailed.
• Petition contents: Confirm all eight items required by RCW 34.05.546, including every adjudicative party and the precise type and extent of relief requested.
• Record: RCW 34.05.566 generally requires the agency to transmit the original or a certified copy within 30 days after service, subject to court extension or other law. The agency may charge a nonindigent petitioner reasonable copy and transcript costs. Additional evidence and remand are limited by RCW 34.05.562.
• Stay: File a separate motion if needed. Use RCW 34.05.550(3)'s four findings only when the action is based on public-health, safety, or welfare grounds; do not present them as the universal stay test.
• UDA vs. URBPA: Confirm whether the profession is regulated under the Uniform Disciplinary Act (RCW 18.130) or the Uniform Regulation of Business and Professions Act (RCW 18.235). The procedural framework may differ.
• Filing fee: Confirm current Superior Court filing fee.
• Reconsideration: Under RCW 34.05.470, a compliant petition filed within 10 days is optional, does not stay the order, and postpones commencement of the judicial-review period until disposition, deemed denial after 20 days, or a timely written agency notice specifying a later action date.

Sources and References

• Washington Administrative Procedure Act, chapter 34.05 RCW
• Uniform Disciplinary Act, chapter 18.130 RCW
• Uniform Regulation of Business and Professions Act, chapter 18.235 RCW
• RCW 4.84.010 and RCW 4.84.340-.360
• RCW 5.50.050