Agency decision direct rev.

AN ACT Relating to allowing for direct review of administrative 1
agency decisions in certain circumstances; amending RCW 34.05.518; 2
and providing an effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 34.05.518 and 2024 c 347 s 2 are each amended to 5
read as follows: 6
(1) The final decision of an administrative agency ((in an 7
adjudicative proceeding)) under this chapter may be directly reviewed 8
by the court of appeals either (a) upon certification by the superior 9
court pursuant to subsection (2) of this section; (b) if the final 10
decision is from an environmental board as identified in RCW 11
43.21B.005 and the final decision relates to a clean energy project 12
as defined in RCW 43.158.010, pursuant to subsection (3) of this 13
section; or (c) if the final decision is from an environmental board 14
identified in RCW 43.21B.005 and the final decision does not relate 15
to a clean energy project as defined in RCW 43.158.010, pursuant to 16
subsection (4) of this section. Transfer of a case pursuant to 17
subsection((s)) (3) or (4) of this section does not require the 18
filing of a motion for discretionary review with the court of 19
appeals. 20
H-2777.2
HOUSE BILL 2396
State of Washington 69th Legislature 2026 Regular Session
By Representatives Peterson and Santos
Read first time 01/13/26. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 2396
(2)(a) For direct review upon certification by the superior 1
court, an application for direct review must be filed with the 2
superior court within thirty days of the filing of the petition for 3
review in superior court. The superior court may certify a case for 4
direct review only if the judicial review is limited to the record of 5
the agency proceeding and the court finds that: 6
(i)(A) The final decision was rendered by an administrative 7
agency in an adjudicative proceeding; or8
(B) The administrative agency does not provide an adjudicative 9
process to evaluate the decision;10
(ii) Fundamental and urgent issues affecting the future 11
administrative process or the public interest are involved which 12
require a prompt determination; 13
(((ii))) (iii) Delay in obtaining a final and prompt 14
determination of such issues would be detrimental to any party or the 15
public interest; 16
(((iii))) (iv) An appeal to the court of appeals would be likely 17
regardless of the determination in superior court; and18
(((iv))) (v) The appellate court's determination in the 19
proceeding would have significant precedential value.20
(b) Procedures for certification shall be established by court 21
rule. 22
(3)(a) For the appeal of a permit related to a clean energy 23
project, as defined in RCW 43.158.010, that is the subject of a final 24
adjudicative decision of an environmental board, as identified in RCW 25
43.21B.005, upon a motion filed by any party to the appeal, the 26
superior court shall certify a case for transfer to the court of 27
appeals upon a finding that: 28
(i) The judicial review can occur based upon the agency record 29
developed before the administrative body without supplementing the 30
record pursuant to RCW 34.05.562; or 31
(ii) The superior court has completed any necessary 32
supplementation of the record pursuant to RCW 34.05.562.33
(b) If the superior court certifies a final decision of an 34
administrative agency in an adjudicative proceeding, the superior 35
court shall transfer the matter to the court of appeals as a direct 36
appeal. 37
(c) A party contesting a superior court decision granting or 38
denying certification for direct review may file a motion for 39
discretionary review with the court of appeals. Where a contesting 40
p. 2 HB 2396
party demonstrates that substantial prejudice would result from 1
direct review by the court of appeals, the court of appeals may 2
remand to (([the])) the superior court. 3
(4)(a) The final adjudicative decision of an environmental board, 4
as identified in RCW 43.21B.005, that does not relate to a clean 5
energy project as defined in RCW 43.158.010, may be directly reviewed 6
by the court of appeals upon certification by the superior court 7
pursuant to this subsection. The superior court shall certify cases 8
for transfer to the court of appeals upon finding that:9
(i) All parties have consented to the transfer to the court of 10
appeals and agreed that the judicial review can occur based upon the 11
agency record developed before the administrative body without 12
supplementing the record pursuant to RCW 34.05.562; or13
(ii) One or more of the parties have not consented to the 14
transfer, but the superior court finds that transfer would serve the 15
interest of justice, would not cause substantial prejudice to any 16
party, including any unrepresented party, and further finds that:17
(A) The judicial review can occur based upon the agency record 18
developed before the administrative body without supplementing the 19
record pursuant to RCW 34.05.562; or 20
(B) The superior court has completed any necessary 21
supplementation of the record pursuant to RCW 34.05.562, such that 22
only issues of law remain for determination. 23
(b) If the superior court certifies a final decision of an 24
administrative agency in an adjudicative proceeding, the superior 25
court shall transfer the matter to the court of appeals as a direct 26
appeal. 27
(c) A party contesting a superior court decision granting or 28
denying certification for direct review may file a motion for 29
discretionary review with the court of appeals. Where a contesting 30
party demonstrates that substantial prejudice would result from 31
direct review by the court of appeals, the court of appeals may 32
remand to the superior court. 33
NEW SECTION. Sec. 2. Section 1 of this act takes effect July 1, 34
2026.35
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p. 3 HB 2396