WSR 13-05-033

PERMANENT RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed February 12, 2013, 1:04 p.m. , effective March 15, 2013 ]


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

Purpose: The department's agency records center has been eliminated. The rule changes modify the address for mailing petitions for review and petitions for judicial review.

Citation of Existing Rules Affected by this Order: Amending WAC 192-04-170 and 192-04-210.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Adopted under notice filed as WSR 12-23-088 on November 20, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 12, 2013.

Dale Peinecke

Commissioner

OTS-5171.2


AMENDATORY SECTION(Amending WSR 10-20-082, filed 9/29/10, effective 10/30/10)

WAC 192-04-170   Decision of commissioner -- Petition for review -- Filing -- Reply.   (1) The written petition for review shall be filed by mailing it to the ((Agency Records Center)) Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555, within thirty days of the date of mailing or delivery of the decision of the office of administrative hearings, whichever is the earlier.

(2) Any written argument in support of the petition for review must be attached to the petition for review and be filed at the same time. The commissioner's review office will acknowledge receipt of the petition for review by assigning a review number to the case, entering the review number on the face of the petition for review, and setting forth the acknowledgment date on the petition for review. The commissioner's review office will also mail copies of the acknowledged petition for review and attached argument in support thereof to the petitioning party, nonpetitioning party and their representatives of record, if any.

(3) Any reply to the petition for review and any argument in support thereof by the nonpetitioning party shall be mailed to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA ((98504)) 98507-9555. The reply must be received by the commissioner's review office within fifteen days of the date of mailing of the acknowledged petition for review. An informational copy shall be mailed by the nonpetitioning party to all other parties of record and their representatives, if any.

(4) The petition for review and argument in support thereof and the reply to the petition for review and argument in support thereof shall:

(a) Be captioned as such, set forth the docket number of the decision of the office of administrative hearings, and be signed by the party submitting it or by his or her representative.

(b) Be legible, reproducible and five pages or less.

(5) Arrangements for representation and requests for copies of the hearing record and exhibits will not extend the period for the filing of a petition for review, argument in support thereof, or a reply to the petition for review.

(6) Any argument in support of the petition for review or in reply thereto not submitted in accordance with the provisions of this regulation shall not be considered in the disposition of the case absent a showing that failure to comply with these provisions was beyond the reasonable control of the individual seeking relief.

[Statutory Authority: RCW 50.12.010 and 50.12.040. 10-20-082, 192-04-170, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.20.010 and 50.12.040. 99-08-073, 192-04-170, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 50.12.010, [50.12.]040 and 34.05.310 et seq. 95-18-055, 192-04-170, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, 192-04-170, filed 11/30/89, effective 1/1/90.]


AMENDATORY SECTION(Amending WSR 89-24-030, filed 11/30/89, effective 1/1/90)

WAC 192-04-210   Petitions for judicial review -- Service on agency.   Delivery pursuant to RCW 34.05.542(4) shall be deemed to have been made when a copy of the petition for judicial review has been received by the((: Agency Records Center)) Commissioner's Office at 212 Maple Park ((Drive)) Avenue S.E., Olympia, WA ((98504)) or received by mail at the Commissioner's Review Office, Post Office Box 9555, Olympia, WA 98507-9555.

[Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, 192-04-210, filed 11/30/89, effective 1/1/90.]