What if an Administrative Agency Fails to “Commence an Adjudicative Proceeding”

What is the effect if an administrative agency fails to “commence an adjudicative proceeding” when a hearing has been timely requested by the aggrieved party?  Well, it could mean that the agency has lost subject matter jurisdiction.  See RCW 34.05.419(1)(b), and Hutmacher v. State, Bd. of Nursing, 81 Wn. App. 768, 771, 915 P.2d 1178, 1179 (1996).  You will want legal advice to appreciate how these citations may apply in your case.

What is the practical effect?  Well, if the aggrieved party argues that subject matter jurisdiction has been lost, where that agency no longer can decide the issue—it seems like a win on its face.  But is it?  Assuming that is the argument, that agency may simply issue charges anew, then what?  One is faced with the prospect of defending the issue up on appeal which can be very expensive.

Depending on your specific situation, you might use this as a negotiation tool, particularly where you must continue to engage with the Department in the long-term.  Regardless, you will want a legal opinion for your situation.