Navigating Uncertainty: How to Petition for a Declaratory Order under RCW 34.05.240

What can be done if you find yourself debating with an agency about how its laws and rules should apply in your situation, where uncertainty needs to be resolved to avoid adversely affecting you?  You might consider whether it is appropriate to petition the agency for a declaratory order on the matter, which can be subject to further judicial review under the Administrative Procedure Act in Chapter 34.05 RCW.  The agency might have made rules for how to do this, depending, and there are some very basic elements to be included in the petition. 

The agency must consider the petition regardless, and then it may enter an order declaring the applicability of the statute, rule, or other order in question as to the specific circumstances, set the matter for proceedings on short turn-around, or decline an order with an explanation.  

This could be a valuable tool depending on the circumstances. 

RCW 34.05.240