WSR 04-24-005

PROPOSED RULES

OFFICE OF

ADMINISTRATIVE HEARINGS

[ Filed November 19, 2004, 10:18 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-20-032.

     Title of Rule and Other Identifying Information: Chapter 10-20 WAC, Firearms and weapons in administrative hearings.

     Hearing Location(s): Office of Administrative Hearings, 919 Lakeridge Way S.W., 2nd Floor, HQ Conference Room, Olympia, WA 98504-2488, on January 5, 2005, at 1:30 p.m.

     Date of Intended Adoption: January 5, 2005.

     Submit Written Comments to: Art Wang, Chief Administrative Law Judge, Office of Administrative Hearings, P.O. Box 42488, Olympia, WA 98504-2488, e-mail awang@oah.wa.gov, fax (360) 664-8721, by January 4, 2005.

     Assistance for Persons with Disabilities: Contact Barb Cleveland by January 4, 2005, (360) 664-8717.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule would prohibit firearms or other dangerous weapons at all Office of Administrative Hearings (OAH) facilities or other rooms where OAH is conducting an administrative hearing. Some state agencies may already prohibit weapons in their facilities where hearings are held, but there is no consistent rule for all OAH hearings.

     Reasons Supporting Proposal: Provide safety for parties, witnesses, visitors, administrative law judges, and employees in administrative hearings.

     Statutory Authority for Adoption: RCW 34.12.030(6) and 34.12.080.

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

     Name of Proponent: Office of Administrative Hearings, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Art Wang, Chief Administrative Law Judge, Office of Administrative Hearings, 919 Lakeridge Way S.W., Olympia, WA 98504-2488, (360) 664-2031.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules have no impact on businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The Office of Administrative Hearings is not a named agency under RCW 34.05.328 (5)(a)(i). These are procedural rules on agency hearings under RCW 34.05.328 (5)(c)(i)(A).

November 19, 2004

Art Wang

Chief Administrative Law Judge

OTS-5598.3

Chapter 10-20 WAC

FIREARMS AND WEAPONS IN ADMINISTRATIVE HEARINGS


NEW SECTION
WAC 10-20-010   Firearms, weapons prohibited in administrative hearings.   (1) Firearms or other dangerous weapons are prohibited at all facilities owned, leased, or operated by the office of administrative hearings and in rooms where the office of administrative hearings is conducting an administrative hearing. This prohibition applies to all parties or witnesses at hearings, all office of administrative hearings employees, and all other persons present. However, it does not apply to law enforcement personnel, security personnel, or military personnel, all while engaged in official duties.

     (2) As used in this chapter, "firearm or other dangerous weapon" means any firearm as defined in RCW 9.41.010, explosive as defined in RCW 70.74.010, or weapon listed in RCW 9.41.250.

     (3) Possession of a valid concealed weapons permit is not a defense to the prohibition in this section.

     (4) This prohibition does not apply to lawful firearms or other lawful weapons while confined to private motor vehicles in parking areas at hearings facilities.

     (5) This prohibition does not apply to firearms or other dangerous weapons offered as evidence in an administrative hearing.

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NEW SECTION
WAC 10-20-020   Notice of prohibited weapons.   Notice that firearms and other dangerous weapons are prohibited shall be posted conspicuously in the waiting area of all office of administrative hearings offices and shall be included with every notice of hearing issued by the office of administrative hearings.

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NEW SECTION
WAC 10-20-030   Sanctions for possession of weapons.   Any person in possession of a firearm or other dangerous weapon at facilities owned, leased, or operated by the office of administrative hearings or in rooms being used by the office of administrative hearings for administrative hearings may be excluded from the hearings facility or room, may be held in default from the hearing, and may face any other applicable legal consequences.

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