WSR 06-07-049

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed March 9, 2006, 11:47 a.m. , effective April 10, 2006 ]


Effective Date of Rule: April 10, 2006.

Purpose: The purpose of these rules is to address motions for reconsideration of a Washington personnel resources board decision.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 06-04-095 on February 1, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.

Date Adopted: March 9, 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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Washington State Code Reviser's Office