FINANCIAL MANAGEMENT

[Filed February 20, 2020, 12:30 p.m.]

Effective Date of Rule: March 30, 2020.

Purpose: To align Title 357 WAC with the online filing request capabilities for director's review requests and personnel resources board appeal requests. The proposed amendments to WAC 357-49-023 and 357-52-225 are to allow an individual to file director's review requests and personnel resources board appeals online. Filing by fax, by mail or in person are still acceptable avenues for filing and to state requests are considered filed when a legible copy is received. The proposed amendment to WAC 357-49-023(2) and 357-52-225(2) are to update the fax filing requirements. The proposed amendment to WAC 357-49-023(3) and 357-52-225(3) removes email as an option for filing director's review requests because of the new online filing capabilities.

Citation of Rules Affected by this Order: Amending WAC 357-49-023 and 357-52-225.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Other Authority: RCW 41.06.133.

Adopted under notice filed as WSR 20-02-085 on December 30, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: February 20, 2020.

Assistant Director of

Legal and Legislative Affairs

AMENDATORY SECTION(Amending WSR 16-11-058, filed 5/13/16, effective 6/20/16)

WAC 357-49-023((For purposes of this chapter,))How must ((documents))director's review requests be filed with the director?

(((1) Filing by mail:))Director's review requests must be filed with the director by filing online through the director's website, by fax, by mail, or in person.

(1) Director's review requests are considered filed when received in the director's review office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the director's review office in Olympia, Washington, outside of office hours or on a legal holiday will be deemed filed on the next business day.

(2) ((Filing by fax:

(a) Documents by fax are considered filed when a legible copy of the documents is received. If transmission begins after office hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day.

(b) Documents))Director's review requests filed by fax must have a cover page identifying the addressee; the person making the transmission, including the address, telephone ((and fax)) number; and the review to which the documents((relates; the date of transmission; and the total number of pages included in the transmission.

(c) The person attempting to file by fax bears the risk that the papers may not be timely received or legibly printed, regardless of the cause. If the fax is not legible, it will not be considered sent.

(3) Filing by electronic mail (email): If the document is sent after office hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day))are related.

(3) Director's review requests are considered filed when a legible copy of the documents is received in accordance with subsection (1) of this section.

AMENDATORY SECTION(Amending WSR 05-01-191, filed 12/21/04, effective 7/1/05)

WAC 357-52-225How must ((written documents))appeal requests be filed with the board?

(((1) Filing generally. Papers that must be filed with the board))Appeal requests must be filed with the board by filing online through the board's website, by fax, by mail, or in person.

(1) Appeal requests are considered ((to be)) filed ((only)) when ((the papers are actually)) received in the board's office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the board's office in Olympia, Washington, outside of office hours or on a legal holiday will be deemed filed on the next business day.

(2) ((Filing by telephone facsimile.

(a) Written documents filed with the board by telephone facsimile are considered received when a legible copy of the document is reproduced on the board's telephone facsimile equipment in the board's office. If transmission begins after customary office hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day.

(b) Any document filed with the board by telephone facsimile should be preceded by))Appeals filed by fax must have a cover page identifying the addressee; the ((party))person making the transmission, including the address, telephone ((and telephone facsimile)) number ((of such party)); and the appeal to which the documents((relates; the date of transmission; and the total number of pages included in the transmission.

(c) The party attempting to file papers by telephone facsimile bears the risk that the papers will not be timely received or legibly printed, regardless of the cause. If the telephone facsimile is not legible, it will be considered as if it had never been sent.

(d) The original of any document filed by telephone facsimile should be mailed to the board within twenty-four hours of the time that the telephone facsimile was sent.

(e) The filing of papers by electronic mail ("email") is not authorized without the express prior approval of the board, and only under such circumstances as the board allows))are related.

(3) Appeal requests are considered filed when a legible copy of the documents is received in accordance with subsection (1) of this section.