PERMANENT RULES
INSURANCE APPEALS
Date of Adoption: April 11, 2001.
Purpose: To revise the board's rules of practice and procedure by amending WAC 263-12-050.
Citation of Existing Rules Affected by this Order: Amending WAC 263-12-050.
Statutory Authority for Adoption: RCW 51.52.020.
Adopted under notice filed as WSR 01-06-058 on March 7, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
April 11, 2001
Thomas E. Egan
Chairperson
(1) General Rule. In all appeals, the notice of appeal shall contain where applicable:
(a) The name and address of the appealing party and of the party's representative, if any;
(b) A statement identifying the date and content of the department order, decision or award being appealed. This requirement may be satisfied by attaching a copy of the order, decision or award;
(c) The reason why the appealing party considers such order, decision or award to be unjust or unlawful;
(d) A statement of facts in full detail in support of each stated reason;
(e) The specific nature and extent of the relief sought;
(f) The place, most convenient to the appealing party and that party's witnesses, where board proceedings are requested to be held;
(g) A statement that the person signing the notice of appeal has read it and that to the best of his or her knowledge the contents are true.
(h) The signature of the appealing party or the party's representative.
(2) Industrial Insurance Appeals. In appeals arising under the Industrial Insurance Act (Title 51 RCW), the notice of appeal shall also contain:
(a) The name and address of the injured worker;
(b) The name and address of the worker's employer at the time the injury occurred;
(c) In the case of occupational disease, the name and address of all employers in whose employment the worker was allegedly exposed to conditions that gave rise to the occupational disease;
(d) The nature of the injury or occupational disease.
(e) The time when and the place where the injury occurred or the occupational disease arose;
(3) Crime Victims' Compensation Act. In appeals arising under the Crime Victims' Compensation Act (chapter 7.68 RCW), the notice of appeal shall also contain:
(a) The time when and the place where the criminal act occurred;
(b) The name and address of the alleged perpetrator of the crime; and
(c) The nature of the injury.
(4) Assessment Appeals. In appeals from a notice of assessment arising under chapter 51.48 RCW or in cases arising from an assessment under the Worker and Community Right to Know Act (chapter 49.70 RCW), the notice of appeal shall also contain:
(a) A statement setting forth with particularity the reason for the appeal; and
(b) The amounts, if any, that the party admits are due;
(5) LEOFF Appeals. In appeals arising under the special death benefit provision of the Law Enforcement Officers' and Fire Fighters' Retirement System (chapter 41.26 RCW), the notice of appeal shall also contain:
(a) The time when and the place where the death occurred; and
(b) the name and address of the decedent's employer at the time the injury occurred;
(6) Asbestos Certification Appeals. In appeals arising under chapter 49.26 RCW concerning the denial, suspension or revocation of certificates involving asbestos projects, the notice of appeal shall also contain:
(a) A statement identifying the certification decision appealed from;
(b) The reason why the appealing party considers such certification decision to be incorrect.
(7) WISHA Appeals. In appeals arising under the Washington Industrial Safety and Health Act (chapter 49.17 RCW), the appeal shall also contain:
(a) A statement identifying the citation, penalty assessment, or notice of abatement date appealed from;
(b) The name and address of the representative of any labor union representing any employee who was or who may be affected by the alleged safety violation(s);
(c) A statement certifying compliance with ((WAC 263-12-057)) WAC 263-12-059;
(8) Other Safety Appeals. In appeals arising under chapter 49.22 RCW concerning alleged violations of safety procedures in late night retail establishments, chapter 70.74 RCW concerning alleged violations of the Washington State Explosives Act, or chapter 88.04 RCW concerning alleged violations of the Charter Boat Safety Act, the notice of appeal shall also contain:
(a) A statement identifying the citation, penalty assessment, or notice of abatement date appealed from;
(b) The name and address of the representative of any labor union representing any employee who was or who may be affected by the alleged safety violation or violations;
(c) A statement certifying compliance with ((WAC 263-12-057)) WAC 263-12-059.
[Statutory Authority: RCW 51.52.020. 00-23-021, 263-12-050, filed 11/7/00, effective 12/8/00; 91-13-038, 263-12-050, filed 6/14/91, effective 7/15/91. Statutory Authority: RCW 51.52.104, 51.52.020 and chapters 51.48 and 42.17 RCW. 86-03-021 (Order 20), 263-12-050, filed 1/10/86. Statutory Authority: RCW 51.52.020. 82-03-031 (Order 11), 263-12-050, filed 1/18/82; Order 7, 263-12-050, filed 4/4/75; Order 4, 263-12-050, filed 6/9/72; Rule 5.1, filed 6/12/63; Rules 3.1 - 3.2, filed 3/23/60, amended by General Order 3, Rule 5.1, filed 10/29/65. Formerly WAC 296-12-050.]