Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-52-221 What is the timeline for a party to file a motion for reconsideration of a board's final order?, 357-52-222 On what grounds may a party file a motion for reconsideration of a board's final order?, 357-52-223 How is a motion for reconsideration responded to by the board?, and 357-52-224 Is a board order on a motion for reconsideration subject to further review?
Hearing Location(s): Department of Personnel, Joan Darin Conference Room, 521 Capitol Way South, Olympia, WA, on March 9, 2006, at 10:00 a.m.
Date of Intended Adoption: March 9, 2006.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 3, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact department of personnel by March 3, 2006, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These new rules address timelines for filing motions for reconsideration, what grounds may a party file a motion for reconsideration on, how a motion for reconsideration is responded to, and further review of a board order on a motion for reconsideration.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: These new rules are necessary to address motions for reconsideration of a board order.
Name of Proponent: Department of personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; Implementation and Enforcement: Department of personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
February 1, 2006
Eva N. Santos
(1) Errors of procedure material to the party seeking reconsideration;
(2) Misinterpretation of fact or law material to the party seeking reconsideration;
(3) Irregularity in the hearing before the board by which the party seeking reconsideration was prevented from having a fair hearing; or
(4) Clerical mistakes in the final decision and order.