WAC 308-08-535. Brief adjudicative proceedings conversion to formal adjudicative proceedings—Dealer and manufacturer services

(1) At least five days before the scheduled issuance of either an initial or a final order, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that it be converted to a formal adjudicative proceeding. Upon receiving a timely written objection, the presiding officer or reviewing officer, shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding or reviewing officer may convert any brief adjudicative proceeding to a formal adjudicative proceeding whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the agency. (2) In determining whether to convert a proceeding, the presiding officer may consider the following factors: (a) Whether witness testimony will aid the presiding or reviewing officer in resolving contested issues of fact; (b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law; (c) Whether a brief adjudicative proceeding will establish an adequate record for further agency or judicial review; (d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency; (e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and (f) Any other factors that the presiding or reviewing officer deems relevant in reaching a determination.