Washington Code 63.30.710 – Informal conference
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(1) Not later than 30 days after receipt of a notice under RCW 63.30.680, the putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.
Terms Used In Washington Code 63.30.710
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) If a putative holder makes a timely request under subsection (1) of this section for an informal conference:
(a) Not later than 20 days after the date of the request, the administrator shall set the time and place of the conference;
(b) The administrator shall give the putative holder notice in a record of the time and place of the conference;
(c) The conference may be held in person, by telephone, or by electronic means, as determined by the administrator;
(d) The request tolls the 90-day period under RCW 63.30.730 and 63.30.740 until notice of a decision under (g) of this subsection has been given to the putative holder or the putative holder withdraws the request for the conference;
(e) The conference may be postponed, adjourned, and reconvened as the administrator determines appropriate;
(f) The administrator or administrator’s designee with the approval of the administrator may modify a determination made under RCW 63.30.680 or withdraw it; and
(g) The administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 20 days after the conference ends.
(3) A conference under subsection (2) of this section is not an administrative remedy and is not a contested case subject to chapter 34.05 RCW. An oath is not required and rules of evidence do not apply in the conference.
(4) At a conference under subsection (2) of this section, the putative holder must be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:
(a) Discuss the determination made under RCW 63.30.680; and
(b) Present any issue concerning the validity of the determination.
(5) If the administrator fails to act within the period prescribed in subsection (2)(a) or (g) of this section, the failure does not affect a right of the administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under RCW 63.30.680 during the period in which the administrator failed to act until the earlier of:
(a) The date under RCW 63.30.730 the putative holder initiates administrative review or files an action under RCW 63.30.740; or
(b) Ninety days after the putative holder received notice of the administrator’s determination under RCW 63.30.680 if no review was initiated under RCW 63.30.730 and no action was filed under RCW 63.30.740.
(6) The administrator may hold an informal conference with a putative holder about a determination under RCW 63.30.680 without a request at any time before the putative holder initiates administrative review under RCW 63.30.730 or files an action under RCW 63.30.740.
(7) Interest and penalties under RCW 63.30.690 continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section.