Washington § 34.05.425 - Presiding officers — Disqualification, substitution.

Full text of Washington Revised Code of Washington § 34.05.425 — Presiding officers — Disqualification, substitution., with citation guidance and answers to common questions.

§ 34.05.425. Presiding officers — Disqualification, substitution.

(1) Except as provided in subsection (2) of this section, in the discretion of the agency head, the presiding officer in an administrative hearing shall be:
(a) The agency head or one or more members of the agency head;
(b) If the agency has statutory authority to do so, a person other than the agency head or an administrative law judge designated by the agency head to make the final decision and enter the final order;
(c) One or more administrative law judges assigned by the office of administrative hearings in accordance with chapter 34.12 RCW; or
(d) A person or persons designated by the secretary of health pursuant to RCW 43.70.740.
(2) An agency expressly exempted under RCW 34.12.020(4) or other statute from the provisions of chapter 34.12 RCW or an institution of higher education shall designate a presiding officer as provided by rules adopted by the agency.
(3) Any individual serving or designated to serve alone or with others as presiding officer is subject to disqualification for bias, prejudice, interest, or any other cause provided in this chapter or for which a judge is disqualified.
(4) Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly upon discovering facts establishing grounds for disqualification.
(5) The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.
(6) When the presiding officer is an administrative law judge, the provisions of this section regarding disqualification for cause are in addition to the motion of prejudice available under RCW 34.12.050.
(7) If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute must be appointed by the appropriate appointing authority.
(8) Any action taken by a duly appointed substitute for an unavailable individual is as effective as if taken by the unavailable individual.
[ 2013 c 109 s 4; 1989 c 175 s 14; 1988 c 288 s 406.]

Notes

Effective date—1989 c 175: See note following RCW 34.05.010.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 34.05.425

What does Revised Code of Washington § 34.05.425 cover?

Section 34.05.425 ("Presiding officers — Disqualification, substitution.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 34.05.425?

A common citation format is "Revised Code of Washington § 34.05.425" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 34.05.425 apply to my situation?

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Sources & Verification

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