WSR 11-10-066

EXPEDITED RULES

PROFESSIONAL EDUCATOR

STANDARDS BOARD

[ Filed May 2, 2011, 2:11 p.m. ]

Title of Rule and Other Identifying Information: Technical edits to WAC 181-86-140 and 181-86-150, repealing WAC 181-86-155. The legislature removed the requirement for the professional educator standards board to conduct an appeal procedure. These rules describe that procedure and are no longer valid.

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 David Brenna, Professional Educator Standards Board, 600 Washington Street South, Room 400, Olympia, WA 98504 , AND RECEIVED BY July 5, 2011.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Technical corrections based on statute changes to appeal process.

Reasons Supporting Proposal: Compliance with statute.

Statutory Authority for Adoption: RCW 28A.410.210.

Statute Being Implemented: RCW 28A.410.090.

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: David Brenna, 600 Washington Street South, Olympia, WA 98504, (360) 725-6238.

May 2, 2011

David Brenna

Legislative and

Policy Coordinator

OTS-3953.2


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

WAC 181-86-140   Appeal -- General.   Any person who applies directly to the superintendent of public instruction for a certificate, particular endorsement, certificate renewal, or certificate reinstatement whose application is denied or any person who is notified that his or her certificate is suspended or revoked or that a reprimand order has been issued shall be advised that he or she is entitled to appeal that decision to the superintendent of public instruction if he or she follows the procedures established in this chapter: Provided, That the appeal procedure may not be used to seek reinstatement of a certificate if that certificate has been revoked in the preceding twelve months by the superintendent of public instruction.

The appeal procedure to the superintendent of public instruction consists of two levels, one informal and one formal. The use of the informal level is a condition precedent to use of the formal level. In addition, ((the provisions of WAC 181-86-155 provide an additional appeal to the professional educator standards board and)) RCW 34.05.570 provides for judicial review of such decisions.

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-86-140, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-86-140, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1). 02-19-050, 180-86-140, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW 28A.70.005. 90-02-076, 180-86-140, filed 1/2/90, effective 2/2/90.]


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

WAC 181-86-150   Appeal procedure -- Formal SPI review process.   Formal appeals to the superintendent of public instruction shall be provided as follows:

(1) Any person who has filed an appeal in accordance with WAC 181-86-140 and desires to have the decision of the review officer formally reviewed by the superintendent of public instruction may do so. To instigate review under this section, a person must file a written notice with the superintendent of public instruction within thirty calendar days following the date of receipt of the review officer's written decision.

(2) For purposes of hearing an appeal under this section, the superintendent of public instruction shall conduct a formal administrative hearing in conformance with the Administrative Procedure Act, chapter 34.05 RCW. The superintendent of public instruction, in carrying out this duty, may contract with the office of administrative hearings pursuant to RCW ((28A.03.500)) 28A.300.120 to hear a particular appeal. Decisions in cases formally appealed pursuant to this section may be made by the administrative law judge selected by the chief administrative law judge if the superintendent of public instruction delegates this authority pursuant to RCW ((28A.03.500)) 28A.300.120.

(3) The decision of the superintendent of public instruction or the administrative law judge, whichever is applicable, shall be sent by certified mail to the appellant's last known address and if the decision is to reprimand, suspend, or revoke, the appellant shall be notified that such order takes effect upon signing of the final order ((and that no stay of reprimand, suspension, or revocation shall exist until the appellant files an appeal in a timely manner pursuant to WAC 181-86-155)).

[Statutory Authority: RCW 28A.410.210. 06-14-010, 181-86-150, filed 6/22/06, effective 7/23/06. 06-02-051, recodified as 181-86-150, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.410.010. 92-15-037, 180-86-150, filed 7/9/92, effective 8/9/92. Statutory Authority: RCW 28A.70.005. 90-02-076, 180-86-150, filed 1/2/90, effective 2/2/90.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 181-86-155 Appeal procedure to PESB.

Washington State Code Reviser's Office