Effective Date of Rule: February 13, 2006.
Purpose: The purpose of these rules is to address how written documents must be filed for a director's review and what happens if the person requesting a director's review does not file all of the information required.
Statutory Authority for Adoption: Chapter 41.06 WAC.
Adopted under notice filed as WSR 05-24-128 [05-24-129] on December 7, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.
Date Adopted: January 12, 2006.
Eva N. Santos
(2) Filing papers for director's review requests by telephone facsimile.
(a) Written documents filed with the director for review requests by telephone facsimile are considered received when a legible copy of the document is reproduced on the director's telephone facsimile equipment in the director's review office. If transmission begins after customary office hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day.
(b) Any document filed with the director by telephone facsimile should be preceded by a cover page identifying the addressee; the party making the transmission, including the address, telephone and telephone facsimile number of such party; the review to which the document relates; the date of transmission; and the total number of pages included in the transmission.
(c) The party attempting to file papers by telephone facsimile bears the risk that the papers will not be timely received or legibly printed, regardless of the cause. If the telephone facsimile is not legible, it will be considered as if it had never been sent.
(d) The original of any document filed by telephone facsimile should be mailed to the director within twenty-four hours of the time that the telephone facsimile was sent.
(3) The filing of papers for director's review requests by electronic mail ("e-mail") is not authorized without the express prior approval of the director, and only under such circumstances as the director allows.
(2) If any of the required information is not provided with the request for review, the director instructs the person requesting the review to provide the missing information and sends a copy of the notice to all affected parties.
(3) The person requesting the review must provide the missing information as requested within twenty-one calendar days of the date the notification is mailed.
(4) When the director receives the requested information, a copy will be sent to the other affected parties.
(5) If the person requesting the review fails to comply with the requirements of this section the director may dismiss the request for review.