WSR 08-19-045

EXPEDITED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed September 11, 2008, 11:30 a.m. ]

Title of Rule and Other Identifying Information: WAC 181-86-155 Appeal procedure to SBE.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Nasue Nishida, Professional Educator Standards Board, P.O. Box 47236, Olympia, WA 98504 , AND RECEIVED BY November 23, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: When the PESB took over rule authority for chapter 181-86 WAC, the title of this section did not get updated. Therefore a technical change is needed to replace SBE with PESB.

Statutory Authority for Adoption: RCW 28A.410.210 and 28A.410.010.

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

Name of Proponent: Professional educator standards board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nasue Nishida, P.O. Box 47236, Olympia, 98504, (360) 725-6238.

September 3, 2008

Nasue Nishida

Legislative and

Policy Coordinator

OTS-1345.1


AMENDATORY SECTION(Amending WSR 06-14-010, filed 6/22/06, effective 7/23/06)

WAC 181-86-155   Appeal procedure to ((SBE)) PESB.   Any person whose certificate has been suspended or revoked by the superintendent of public instruction in accordance with the procedures of this chapter may appeal that decision to the professional educator standards board by filing a notice of appeal with the superintendent of public instruction or the secretary of the professional educator standards board within thirty calendar days of the date of mailing the decision of the superintendent of public instruction. Review by the professional educator standards board shall be conducted as follows:

(1) Review shall be conducted by the professional educator standards board at its next scheduled meeting following notice of appeal unless either the appellant or the superintendent of public instruction requests an extension of the review to the following next scheduled meeting.

(2) Review conducted by the professional educator standards board shall be confined to the record, except that in cases of alleged irregularities in procedures before the superintendent of public instruction, not shown in the record, testimony thereon shall be taken before the professional educator standards board.

(3) The record shall include written briefs submitted.

(4) Oral argument will be permitted if fifteen days advance notice is given to the secretary of the professional educator standards board.

(5) The professional educator standards board will be assisted in its deliberations and its final order by an assistant attorney general who has not been involved in any prior proceeding related to the previous administrative order by the superintendent of public instruction.

(6) The professional educator standards board may affirm the decision of the superintendent of public instruction, remand the matter for further proceedings, modify the decision, or reverse the decision.

(7) If the decision of the professional educator standards board is to modify or reverse the decision of the superintendent of public instruction or to remand the matter for further proceedings, the professional educator standards board shall state its reasons in a written order.

(8) The final order of the professional educator standards board shall be by written order, attested by the secretary of the professional educator standards board, and sent to the appellant by certified mail within ten calendar days of the final decision by the professional educator standards board. In addition, persons aggrieved by a final order shall be advised of their right to judicial review pursuant to RCW 34.05.570.

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-86-155, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-86-155, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010 and 28A.410.100. 92-24-069, 180-86-155, filed 12/1/92, effective 1/1/93. Statutory Authority: RCW 28A.410.010. 92-15-037, 180-86-155, filed 7/9/92, effective 8/9/92. Statutory Authority: RCW 28A.70.005. 90-02-076, 180-86-155, filed 1/2/90, effective 2/2/90.]

Washington State Code Reviser's Office