WSR 06-04-095

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 1, 2006, 10:05 a.m. ]

     Original Notice.

     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

Director


NEW SECTION
WAC 357-52-221   What is the timeline for a party to file a motion for reconsideration of a board's final order?   After issuance of a final board order, any party may file a motion for reconsideration. Such motions must be filed with the board and the opposing party within 14 calendar days of service of the board's order. Within 7 calendar days of the date on which the motion was filed, a party may file an answer to the motion with the board and the opposing party.

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NEW SECTION
WAC 357-52-222   On what grounds may a party file a motion for reconsideration of a board's final order?   A motion for reconsideration must be based on at least one of the following grounds:

     (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.

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NEW SECTION
WAC 357-52-223   How is a motion for reconsideration responded to by the board?   In response to a motion for reconsideration, the board may deny the motion, modify its decision or reopen the hearing. The motion is deemed denied unless the board takes action within thirty calendar days of the date on which the motion was filed.

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NEW SECTION
WAC 357-52-224   Is a board order on a motion for reconsideration subject to further review?   A board order on a motion for reconsideration is not subject to further review.

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