WSR 04-04-014

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Apprenticeship and Training Council)

[ Filed January 23, 2004, 9:46 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-160.

     Title of Rule: Apprenticeship rules, chapter 296-05 WAC.

     Purpose: This proposed rule making seeks to clarify the apprenticeship program standards objection process. These changes are consistent with the current policy adopted by the Washington State Apprenticeship and Training Council (WSATC), but propose to establish specific timeframes relating to objections of apprenticeship program standards. In addition, these proposed rules seek to clarify that it is the WSATC chair or "designee" that is allowed to preside over adjudicative proceedings, held before the WSATC.

     Statutory Authority for Adoption: RCW 49.04.010.

     Statute Being Implemented: Chapter 49.04 RCW.

     Name of Agency Personnel Responsible for Drafting: Nancy Mason, Tumwater, (360) 902-5321; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     Name of Proponent: Department of Labor and Industries.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. WSATC has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the proposed rules are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements.

     RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.

     Hearing Location: Department of Labor and Industries Building, S 119, 7273 Linderson Way S.W., Tumwater, WA, on March 9, 2004, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Josh Swanson by February 24, 2004, at (360) 902-6411 or swaj235@LNI.wa.gov.

     Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by March 9, 2004. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: April 28, 2004.

January 24 [23], 2004

Lawrence "Pete" Crow, Chair

Apprenticeship and Training Council

OTS-6713.1


AMENDATORY SECTION(Amending WSR 02-10-083, filed 4/29/02, effective 6/1/02)

WAC 296-05-007   Rules of procedure.   All hearings and adjudication, under chapter 49.04 RCW and these rules, shall be conducted according to chapter 34.05 RCW, the Administrative Procedure Act and chapter 10-08 WAC, Model Rules of Procedure. The chair (or ((vice-chair in the chair's absence)) designee) is the presiding officer for adjudicative proceedings, held before the WSATC. The WSATC may either adjudicate matter(s) themselves or refer matter(s) to the office of administrative hearings for initial adjudication.

     If the initial adjudication is before the WSATC, the WSATC will enter a final order. If the initial adjudication has been held at the office of administrative hearings, the administrative hearings judge shall issue an initial order. The WSATC, upon review of the initial order shall enter the final order. An initial order shall become final without further WSATC action five working days after the next regular quarterly meeting unless:

     (1) The WSATC upon its own motion determines that the initial order should be reviewed; or

     (2) A party to the proceedings files a petition for review of the initial order.

     The WSATC may appoint a person to review the initial order and prepare and enter the final WSATC order.

[Statutory Authority: RCW 49.04.010 and 2001 c 204 (SHB 1234). 02-10-083, § 296-05-007, filed 4/29/02, effective 6/1/02. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. 01-22-055, § 296-05-007, filed 10/31/01, effective 1/17/02.]


NEW SECTION
WAC 296-05-008   Process for objections to apprenticeship program standards.   (1) Objections to apprenticeship program standards shall be submitted to the department for WSATC consideration within fifteen days of the regularly scheduled or special WSATC meeting on a form provided by the department and approved by the WSATC.

     (2) In accordance with WAC 296-05-007, the WSATC may either adjudicate matter(s) themselves or refer matter(s) to the office of administrative hearings for initial adjudication.

     (a) If the WSATC decides to adjudicate all or part of the objections to the apprenticeship program standards, the individual(s) submitting the objections shall present the objections at the regularly scheduled or special WSATC meeting. The department shall notify the individual(s) within five days of the WSATC meeting for which the objections will be considered.

     (b) If the WSATC decides to refer all or part of the objections to the office of administrative hearings, the WSATC may identify the specific matters that the WSATC is requesting the office of administrative hearings to provide findings and conclusions for the initial order.

Note: The department may attempt to facilitate a resolution to any objections during the process identified in this section.

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