§ 21.13 Form of the Court's Decision

• Jurisdiction: Washington

§21.13 FORM OF THE COURT'S DECISION

Statutes governing judicial review of administrative action typically require the court to include specific types of findings or conclusions of law in any decision in which the administrative agency is reversed.

Practice Tip: The prevailing party in superior court generally is expected to draft the court's order or judgment. CR 54(e). The superior court order should identify the source of the court's appellate jurisdiction and the scope and standard of judicial review. See §§21.2 and 21.11. Any required findings and conclusions or other required elements should be included. It is often useful to quote in the judgment, or append to the judgment, important text from the agency's order that is affirmed or reversed if the superior court's judgment is likely to be published in a specialized reporter.

(1) Form of decision in APA reviews

In judicial review under the Administrative Procedure Act, Ch. 34.05 RCW, the court is required to "make a separate and distinct ruling on each material issue on which the court's decision is based." RCW 34.05.570(1)(c). If the court determines the agency committed error, the court must make findings and conclusions under each applicable review standard. RCW 34.05.574(1). Findings are also required when a court decides to remand to the agency for the taking of new...