Professional Licensing Appeal - Washington State

PETITION FOR JUDICIAL REVIEW OF PROFESSIONAL LICENSING DECISION

SUPERIOR COURT OF WASHINGTON

[________________________________] COUNTY

[________________________________],
Petitioner,

v.

[________________________________] (Washington State [Board/Department/Commission Name]),
Respondent.

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. [____________________]).

The Agency's decision was arbitrary and capricious, unsupported by substantial evidence in the record, and/or constituted an erroneous interpretation of law in violation of RCW 34.05.570. This Petition is filed timely within 30 days of service of the final order pursuant to RCW 34.05.542, and all available administrative remedies have been exhausted.

II. JURISDICTION, VENUE, AND TIMELINESS

A. Subject Matter Jurisdiction

This Court has jurisdiction to review final agency orders under RCW 34.05.510–34.05.598 (Washington Administrative Procedure Act). Petitioner is a "person" aggrieved by agency action within the meaning of RCW 34.05.530.

B. Venue

Venue is proper in [________________________________] County pursuant to RCW 34.05.514 because:

☐ The agency action was taken in this county.
☐ Petitioner resides in this county.
☐ The principal place of business is located in this county.

C. Timeliness

• Date of final agency order: [__/__/____]
• Date final order was served on Petitioner: [__/__/____]
• Filing deadline (30 days from service): [__/__/____]
• Date of this Petition: [__/__/____]

This Petition is timely filed pursuant to RCW 34.05.542.

D. Exhaustion of Administrative Remedies

Petitioner has exhausted all available administrative remedies as required by RCW 34.05.534:

☐ Petitioner requested reconsideration pursuant to RCW 34.05.470 on [__/__/____].
☐ The Agency denied reconsideration on [__/__/____] / The reconsideration period lapsed without Agency action.
☐ Petitioner participated in the full contested case hearing process before the Agency.
☐ No further administrative remedies are available.

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 against Petitioner pursuant to RCW 18.130.090, alleging: [________________________________].

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

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

6. A contested case hearing was conducted before Administrative Law Judge [________________________________] on [__/__/____] through [__/__/____] at [________________________________].

7. The Administrative Law Judge issued an Initial Order on [__/__/____], finding: [________________________________].

8. [________________________________] filed exceptions to the Initial Order on [__/__/____].

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, the Court shall grant relief from an agency order if it determines that:

(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.

RCW 34.05.570(2).

The Court reviews questions of law de novo, while applying the "substantial evidence" standard to factual determinations. Tapper v. Employment Security Dep't, 122 Wn.2d 397, 407 (1993).

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 Agency's disciplinary action was arbitrary and capricious or constituted an abuse of discretion.

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 pursuant to RCW 18.130.160: [________________________________].

[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(2)(e), this Court shall grant relief if the agency order is not supported by evidence that is substantial when viewed in light of the whole record. "Substantial evidence is evidence in sufficient quantity to persuade a fair-minded, rational person of the truth of the declared premise." Olmstead v. Dep't of Health, 61 Wn. App. 888, 894 (1991).

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

Under RCW 34.05.570(2)(d), this Court shall grant relief where the agency has erroneously interpreted or applied the law. Legal conclusions of an agency are reviewed de novo.

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(2)(b).

3. [Procedural argument:] [________________________________]

C. The Agency's Decision Was Arbitrary and Capricious

Under RCW 34.05.570(2)(i), this Court shall grant relief where the agency acted arbitrarily and capriciously. Agency action is arbitrary and capricious when it is "willful and unreasoning action, without consideration and in disregard of facts and circumstances." Hillis v. Dep't of Ecology, 131 Wn.2d 373, 383 (1997).

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

1. [Disproportionate sanction:] [________________________________]

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

3. [Failure to consider mitigating factors:] The Agency failed to consider [________________________________] as required by RCW 18.130.160 and WAC [____].

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 that this Court stay enforcement of the Final Order pending conclusion of this judicial review proceeding pursuant to RCW 34.05.550 and RCW 18.130.130.

A stay is warranted because:

1. Likelihood of success: Petitioner has demonstrated substantial legal and factual grounds for reversal of the Agency's order, as set forth herein.

2. Irreparable harm: Absent a stay, Petitioner will suffer immediate and irreparable harm, including [loss of livelihood / closure of practice / reputational harm / loss of patient access to care]. These harms cannot be adequately remedied by monetary compensation.

3. Harm to Agency is minimal: The Agency will not be harmed by a temporary stay. [________________________________]

4. Public interest: A stay serves the public interest because [________________________________].

Note: Under RCW 18.130.130, a disciplinary order takes effect immediately upon service. The court may enter an order staying the order with terms necessary to protect the public. Be prepared to propose specific protective conditions.

X. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

1. Accept and review the certified agency record;

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. Reinstate Petitioner's [________________________________] license, License No. [____________________], to full active status;

6. Award Petitioner costs and attorney fees as permitted by law, including under RCW 4.84.010 or the Equal Access to Justice Act; 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 laws of the State of Washington that:

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.

Executed at [________________________________], Washington, on [__/__/____].

[________________________________]
Petitioner

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:
[________________________________]
[________________________________]
Method of Service: ☐ U.S. Mail ☐ Email ☐ Hand Delivery ☐ E-Service

☐ Office of the Attorney General of Washington:
Attorney General's Office
1125 Washington Street SE
Olympia, WA 98501
Method of Service: ☐ U.S. Mail ☐ Email ☐ Hand Delivery

Note: Under RCW 34.05.514(2), a copy of the petition must be served on the agency and the Office of the Attorney General.

[________________________________]
[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.
• Record: Request the certified administrative record from the Agency promptly. The burden is on the party challenging factual findings.
• Stay: File a separate motion for stay if needed. The court has authority under RCW 34.05.550; the Agency also has authority to self-stay under RCW 34.05.550(1).
• 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: Motions for reconsideration at the agency level do not automatically toll the 30-day judicial review deadline unless the agency's rules specify otherwise.