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
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
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Provided, That the appeal procedure may not be used to seek reinstatement of a certificate if that certificate has been revoked in the preceding twelve months by the superintendent of public instruction.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, ((
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.]
(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 ((
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.]
The following section of the Washington Administrative Code is repealed:
|WAC 181-86-155||Appeal procedure to PESB.|