Note: This document is a summary of important points found in chapter 14 of Washington Administrative Law Practice Manual (WALPM). It is not comprehensive; the text needs to be consulted for applicability to specific situations.

What is an non-APA Administrative Appeal?

Decisions or orders from local governmental agencies or municipal corporations can be appealed to the Superior Court. The Administrative Procedure Act does not apply to these entities.

What Laws Govern Administrative Appeals?

Three avenues for judicial review of administrative decisions.

1. Direct appeal authorized by statute. You should consult the specific statute governing the appropriate local government action in question. For example, the Land Use Petition Act covers judicial review of land use decisions.  RCW 36.70C.

2. Statutory writ of certiorari. RCW 7.16. Local government action is reviewable by statutory writ of certiorari.

3. Inherent authority of the courts: The Constitutional writ of review. Article IV, section 6 of the Washington State Constitution states that the Superior Court has inherent power to review administrative decisions for illegal or manifestly arbitrary acts.

How to Proceed:

1. Exhaust all procedural requirements specified in applicable statute or ordinance.

2. Follow standard form for application for judicial review…consistent with RCW 7.16. This section of the RCW covers Certiorari, Mandamus, and Prohibition. “The writ of certiorari may be denominated the writ of review.” RCW 7.16.030.

3. Examine WALPM §14.05[C] for discussion of the form of the writ, production of the record and briefing.

4. Review sample petition for writ of mandamus or petition for review in Washington Criminal Practice in Courts of Limited Jurisdiction, vol. 2, forms-99, forms-113 and forms-118.

Helpful Books

Washington Administrative Code, Title 10. KFW 34 .A2 W37, Title 10. Office of Administrative Hearings. Chapter 10-04 covers agency organization and publication; chapter 10-08 covers model rules of procedure.

Washington Administrative Law Practice Manual, KF 5402 .W37 1991 ch. 10

Washington Lawyers Practice Manual, KF 300 .W27 1986, vol. 7, ch. 20, §§8, 11

Washington Practice, Methods of Practice, vol. 1, §13.7 et seq., KF 80 .W3.