WSR 19-21-148
PROPOSED RULES
OFFICE OF
ADMINISTRATIVE HEARINGS
[Filed October 22, 2019, 11:01 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-12-047.
Title of Rule and Other Identifying Information: WAC 10-08-110 Adjudicative proceedings—Filing and services of papers.
Hearing Location(s): On November 26, 2019, at 2:00 - 3:00 p.m., at 2420 Bristol Court S.W., Large Hearing Room, Olympia, WA 98502.
Date of Intended Adoption: November 26, 2019.
Submit Written Comments to: Donald Capp, Deputy Chief Administrative Law Judge (ALJ), P.O. Box 42488, Olympia, WA 98504, email rulemaking@oah.wa.gov, fax 360-664-8721, by November 25, 2019.
Assistance for Persons with Disabilities: Contact Johnette Sullivan, assistant chief ALJ and Americans with Disabilities Act coordinator, phone 360-407-2700, fax 360-664-8721, email Johnette.sullivan@oah.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 10-08-110 is being updated to allow for electronic filing of appeal records on existing cases with the office of administrative hearings (OAH). The proposed amendment is intended to implement provisions of the state Administrative Procedures [Procedure] Act, chapter
34.05 RCW, relating to electronic service of notices and orders in administrative adjudications, specifically RCW
34.05.010(19),
34.05.434(5), and
34.05.461 (8)(a).
Statutory Authority for Adoption: RCW
34.12.080.
Statute Being Implemented: Chapter
34.12 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OAH, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Donald Capp, 2420 Bristol Court S.W., Olympia, WA 98502, 360-407-2700.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This proposed rule does not involve rules of any of the agencies identified in RCW
34.05.328(5) for which a cost-benefit analysis is required.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. This proposed rule making does not result in any economic impact on small business or fiscal impact on school districts.
October 22, 2019
Lorraine Lee
Chief Administrative Law Judge
AMENDATORY SECTION(Amending WSR 99-20-115, filed 10/6/99, effective 11/6/99)
WAC 10-08-110Adjudicative proceedings—Filing and service of papers.
(1) Filing.
(a) Papers required to be filed with the agency shall be deemed filed upon actual receipt during office hours at any office of the agency. Papers required to be filed with the presiding officer shall be deemed filed upon actual receipt during office hours at the office of the presiding officer.
(b) The following conditions apply for filing papers with the presiding officer by fax or electronically:
(i) As used in this chapter, "fax" means electronic telefacsimile transmission. As used in this chapter, "electronically" means successfully uploading documents through the agency website.
(ii) Papers may be filed by fax or electronically with the presiding officer. Filing by fax is perfected when a complete legible copy of the papers is reproduced on the presiding officer's fax machine during normal working hours, excluding weekends and holidays. If a transmission of papers commences after these office hours, the papers shall be deemed filed on the next succeeding business day. Filing electronically is perfected when a complete legible copy of the papers is successfully uploaded to the agency portal during normal working hours, excluding weekends and holidays. If uploading of papers commences after office hours, the papers shall be deemed filed on the succeeding business day.
(iii) Any papers filed by fax with the presiding officer should be accompanied by a cover page or other form identifying the party making the transmission, listing the address, telephone, and fax number of the party, identifying the adjudicative proceeding to which the papers relate, and indicating the date of and the total number of pages included in the transmission.
(iv) Papers filed by fax should not exceed fifteen pages in length, exclusive of any cover page.
(v) The party attempting to file the papers by fax or electronically bears the risk that the papers will not be timely received or legibly printed, regardless of the cause. If the fax or electronic transmission is not received in legible form, it will be considered as if it had never been sent.
(vi) The original of any papers filed by fax should be mailed to the presiding officer within twenty-four hours of the time that the fax was sent. The presiding officer has discretion to require this.
(c) The filing of papers with the presiding officer by electronic mail ("email") is not authorized without the express approval of the presiding officer and under such circumstances as the presiding officer allows. Only documents uploaded through the agency's designated portal are deemed filed electronically.
(2) Service.
(a) All notices, pleadings, and other papers filed with the presiding officer shall be served upon all counsel and representatives of record and upon unrepresented parties or upon their agents designated by them or by law.
(b) Service shall be made personally or, unless otherwise provided by law, by first-class, registered, or certified mail; by fax and same-day mailing of copies; or by commercial parcel delivery company.
(c) Service by mail shall be regarded as completed upon deposit in the United States mail properly stamped and addressed. Service by fax shall be regarded as completed upon production by the fax machine of confirmation of transmission. Service by commercial parcel delivery shall be regarded as completed upon delivery to the parcel delivery company, properly addressed with charges prepaid.
(3) Proof of service. Where proof of service is required by statute or rule, filing the papers with the presiding officer, together with one of the following, shall constitute proof of service:
(a) An acknowledgement of service.
(b) A certificate that the person signing the certificate served the papers upon all parties of record in the proceeding by delivering a copy thereof in person to (names).
(c) A certificate that the person signing the certificate served the papers upon all parties of record in the proceeding by:
(i) Mailing a copy thereof, properly addressed with postage prepaid, to each party to the proceeding or his or her attorney or authorized agent; or
(ii) Transmitting a copy thereof by fax, and on the same day mailing a copy, to each party to the proceeding or his or her attorney or authorized agent; or
(iii) Depositing a copy thereof, properly addressed with charges prepaid, with a commercial parcel delivery company.