Petition for Judicial Review of Final Agency Order - Washington

PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY ORDER

Filing Gate

Use this petition for judicial review under the Washington Administrative Procedure Act, chapter 34.05 RCW. Confirm that the agency and action are covered and that no special statute changes the procedure.

RCW 34.05.542(2) requires a petition reviewing an order to be filed with the court and served on the agency, the Office of the Attorney General, and all parties of record within 30 days after service of the final order.

Court Caption

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR [________________________________] COUNTY

No.: [________________________________]

PETITION FOR JUDICIAL REVIEW

Petitioner [________________________________] seeks judicial review of the final agency order identified below.

1. Petitioner and Counsel

1. Petitioner's name and mailing address:

[____________________________________________________________]

2. Petitioner's attorney and mailing address, if any:

[____________________________________________________________]

2. Agency and Agency Action

3. The agency whose action is at issue is [________________________________].

Agency mailing address:

[____________________________________________________________]

4. The challenged action is [title / order number], entered in Agency Docket No. [________________________________] and served on [__/__/____].

5. A duplicate copy of the final order is attached as Exhibit A.

6. The persons who were parties in the adjudicative proceeding are:

[____________________________________________________________]

3. Standing and Exhaustion

7. Petitioner is aggrieved or adversely affected under RCW 34.05.530 because:

• The agency action has prejudiced or is likely to prejudice Petitioner: [________________________________].
• Petitioner's asserted interests were among those the agency was required to consider: [________________________________].
• A favorable judgment would substantially eliminate or redress the prejudice: [________________________________].

8. Petitioner exhausted the administrative remedies required by RCW 34.05.534 by:

[____________________________________________________________]

☐ Petitioner relies on a statutory exhaustion exception.

☐ Petitioner requests relief from exhaustion because the remedy would be patently inadequate, exhaustion would be futile, or grave irreparable harm clearly outweighs the policy requiring exhaustion.

Supporting facts:

[____________________________________________________________]

4. Venue, Timeliness, and Service

9. Venue is proper under RCW 34.05.514 in [________________________________] County because:

☐ Thurston County is selected.

☐ Petitioner resides or has its principal place of business in this county.

☐ Property owned by Petitioner and affected by the decision is located in this county.

☐ A special venue provision applies: [________________________________].

10. The petition is timely because the final order was served on [__/__/____], and both filing and required service occurred by [__/__/____].

11. Service details:

RCW 34.05.542(5) provides that failure to timely serve the Office of the Attorney General is not, by itself, grounds for dismissal.

5. Reasons Relief Should Be Granted

Petitioner bears the burden of demonstrating invalidity and must show substantial prejudice. RCW 34.05.570(1).

Petitioner seeks relief from the final order under RCW 34.05.570(3) because:

☐ The order, statute, or rule is unconstitutional on its face or as applied.

☐ The order is outside the agency's statutory authority or jurisdiction.

☐ The agency used unlawful procedure or failed to follow required procedure.

☐ The agency erroneously interpreted or applied the law.

☐ The order lacks substantial evidence when the whole record is considered.

☐ The agency failed to decide all issues requiring resolution.

☐ A disqualification motion was improperly denied, or newly discoverable facts support disqualification.

☐ The order is inconsistent with an agency rule without a rational explanation.

☐ The order is arbitrary or capricious.

Supporting facts, legal argument, and agency-record citations:

[____________________________________________________________]

6. Issue Preservation

Identify where each issue was raised before the agency. RCW 34.05.554 generally bars issues not raised before the agency, subject to its listed exceptions.

7. Agency Record

Under RCW 34.05.566(1), the agency ordinarily must transmit the original or a certified copy of the record within 30 days after service of the petition, unless the court or another law allows more time.

☐ Entire record requested

☐ Parties will stipulate to shorten, summarize, or organize the record

☐ Petitioner has arranged payment of any lawful record-preparation cost

8. Stay or Temporary Remedy

☐ No stay or temporary remedy requested

☐ Stay requested from the agency under RCW 34.05.550(1)

☐ Court motion will be filed after this petition under RCW 34.05.550(2)

If the action is based on public health, safety, or welfare grounds, address each finding required by RCW 34.05.550(3).

9. Relief Requested

Petitioner requests that the Court:

1. Accept jurisdiction;
2. Grant relief from the final order on the grounds stated above;
3. Affirm, reverse, modify, or remand as authorized by law;
4. Enter any separately supported stay or temporary remedy;
5. Tax lawful costs; and
6. Grant other relief permitted by law.

Signature

Respectfully submitted,

Dated: [__/__/____]

Signature: ______________________________

Name / WSBA No.: [________________________________]

Firm / Address / Telephone / Email: [________________________________]

Attorney for Petitioner

Certificate of Service

I certify that on [__/__/____], I served a true copy of this petition on the agency, the Office of the Attorney General, and all parties of record by [________________________________].

Signature: ______________________________

Filing Checklist

☐ Coverage and agency-specific statute checked

☐ Standing facts pleaded

☐ Exhaustion completed or exception supported

☐ Venue selected under RCW 34.05.514

☐ Petition contains every item listed in RCW 34.05.546

☐ Filing and all required service completed within 30 days

☐ Final order attached

☐ Grounds tied to RCW 34.05.570(3)

☐ Issues and preservation citations identified

☐ Record and cost arrangements addressed

☐ Stay motion handled separately if needed

Sources and References

• RCW 34.05.514: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.514
• RCW 34.05.530: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.530
• RCW 34.05.534: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.534
• RCW 34.05.542: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.542
• RCW 34.05.546: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.546
• RCW 34.05.550: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.550
• RCW 34.05.554: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.554
• RCW 34.05.566: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.566
• RCW 34.05.570: https://app.leg.wa.gov/RCW/default.aspx?cite=34.05.570