WSR 20-03-163
PROPOSED RULES
OFFICE OF
ADMINISTRATIVE HEARINGS
[Filed January 21, 2020, 2:52 p.m.]
Supplemental Notice to WSR 19-21-148.
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 service of papers.
Hearing Location(s): On February 27, 2020, at 2:00 - 3:00 p.m., at 2420 Bristol Court S.W., Large Hearing Room, Olympia, WA 98502.
Date of Intended Adoption: February 27, 2020.
Submit Written Comments to: Donald Capp, Deputy Chief ALJ, P.O. Box 42488, Olympia, WA 98504, email rulemaking@oah.wa.gov, fax 360-664-8721, by February 26, 2020.
Assistance for Persons with Disabilities: Contact Johnette Sullivan, Assistant Chief ALJ and ADA Coordinator, phone 360-407-2700, fax 360-664-8721, email Johnette.sullivan@oah.wa.gov, by February 25, 2020.
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 admininstrative 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.
January 21, 2020
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))documents.
(1) Filing.
(a) ((Papers required))Documents to be filed with the agency shall be deemed filed ((upon actual receipt during office))when received during regular business hours at any office of the agency. ((Papers required))Documents to be filed with the presiding officer shall be deemed filed ((upon actual receipt during office))when received during regular business hours at the office of the presiding officer. Documents received outside of regular business hours shall be considered filed the following business day.
(b) ((The following conditions apply for filing papers with the presiding officer))Filing documents by fax:
(i) As used in this chapter, "fax" means electronic telefacsimile transmission.
(ii) ((Papers))Documents may be filed by fax with the ((presiding officer))agency. Filing by fax is perfected when a complete and 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))documents is reproduced on the agency's fax machine during regular business hours. A transmission of documents after regular business hours shall be considered filed on the following business day.
(iii) Any ((papers))documents filed by fax ((with the presiding officer should))must 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))documents 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))documents by fax bears the risk that the ((papers))documents will not be timely received or legibly printed, regardless of the cause. If the fax 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))filing will not be perfected.
(c) The filing of ((papers))documents 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.
(2) Service.
(a) All notices, pleadings, and other ((papers))documents filed with the ((presiding officer))agency 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) Methods of service permitted. 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. Service by email or electronic filing is permitted if expressly assented to by the receiving party.
(c) Service by mail ((shall be regarded as))is completed upon deposit in the United States mail properly stamped and addressed. Service by fax ((shall be regarded as))is completed upon production by the fax machine of confirmation of a successful transmission. Service by commercial parcel delivery ((shall be regarded as))is completed upon delivery to the parcel delivery company, properly addressed with charges prepaid. Service by email is completed upon receipt by the receiving party. Service by electronic filing is completed upon successful uploading of the document to that party's designated system.
(3) Proof of service. Where proof of service is required by statute or rule, filing the ((papers with the presiding officer))documents with the agency, together with one of the following, shall constitute proof of service:
(a) An ((acknowledgement))acknowledgment of service.
(b) A certificate that the person signing the certificate served the ((papers))documents 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))documents 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; or
(iv) If agreed to by the parties, emailing or uploading to an electronic case management system a copy of the document. The certificate of service must include verification of receipt of the document by the recipient, which may include a read receipt or confirmation of successful upload.
(4) Electronic filing with the office of administrative hearings (OAH).
(a) Documents may be filed electronically with OAH through the use of the agency's portal.
(b) Filing documents through the OAH portal:
(i) As used in this chapter, "electronically" means successfully uploading documents through the OAH portal.
(ii) Filing electronically is perfected when a complete and legible copy of the documents is successfully uploaded to OAH's portal during regular business hours. A document uploaded after regular business hours is considered filed on the following business day. Regular business hours for the purposes of electronic filing with OAH are Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding weekends and state holidays.
(iii) For any documents filed electronically through the OAH portal, the party attempting to file bears the risk that the documents will not be timely received or will not be legible, regardless of the cause. If the uploaded document is not received in legible form, filing will not be perfected.
(c) All service requirements as outlined in subsections (2) and (3) of this section apply to documents electronically filed through the OAH portal.