Effective Date of Rule: Thirty-one days after filing.

     Purpose: Technical changes to chapter 181-86 WAC regarding appeal process and administrative law judge. Appeals were removed as a requirement for professional educator standards board by the legislature.

     Citation of Existing Rules Affected by this Order: Amending WAC 181-86-140 and 181-86-150.

     Statutory Authority for Adoption: RCW 28A.410.210.

      Adopted under notice filed as WSR 11-10-066 on May 2, 2011.

     A final cost-benefit analysis is available by contacting David Brenna, 600 Washington Street South, Room 400, Olympia, WA 98504-7236, phone (360) 725-6238, fax (360) 586-4548, e-mail david.brenna@k12.wa.us.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: July 6, 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Provided, That the appeal procedure may not be used to seek reinstatement of a certificate if that certificate has been revoked in the preceding twelve months by the superintendent of public instruction.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.]

     (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.]

     The following section of the Washington Administrative Code is repealed:

WAC 181-86-155

Appeal procedure to PESB.

© Washington State Code Reviser's Office