WSR 21-13-121
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed June 21, 2021, 1:46 p.m., effective July 23, 2021]
Effective Date of Rule: July 23, 2021.
Purpose: WAC 246-10-109 and 246-11-080, procedural rules applicable to adjudicative proceedings conducted by the department of health (department) and health professions boards and commissions. Chapter 246-10 WAC applies to all adjudicative proceedings conducted by the department. Chapter 246-11 WAC applies to adjudicative proceedings conducted by health professions boards and commissions having disciplining authority under the Uniform Disciplinary Act, chapter
18.130 RCW.
The adopted amendments will: (1) Allow for the option of electronically filing of documents with the adjudicative clerk's office (ACO). Electronic filing may now be done via electronic mail or other secure electronic means as established by the department; (2) continue to allow for the option of hand delivering documents to ACO, however, the rule excludes hand delivery of documents to the ACO when the office is closed during normal business hours due to exigent circumstances; (3) no longer require copies of documents being filed or served by fax to be mailed simultaneously with fax transmission of documents; (4) recognize that the parties may agree to electronic mail for service of documents between or among themselves, and provides that ACO will serve documents on the parties electronically when the parties agree to service via electronic mail or other secure electronic means as established by the department.
Citation of Rules Affected by this Order: Amending WAC 246-10-109 and 246-11-080.
Adopted under notice filed as WSR 21-09-079 on April 20, 2021.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: June 21, 2021.
Kristin Peterson, JD
Deputy Secretary, Policy and Planning
for Umair A. Shah, MD, MPH
Secretary
OTS-2993.1
AMENDATORY SECTION(Amending WSR 18-18-049, filed 8/29/18, effective 9/29/18)
WAC 246-10-109Filing and service of documents.
(1) For purposes of this section "documents" means pleadings, briefs, exhibits, orders, or other materials requested or relevant to an adjudicative proceeding.
(2) Filing. Filing is the act of delivering documents to the adjudicative clerk's office.
(a) A party must file with the adjudicative clerk's office documents required or allowed pursuant to this chapter.
(b) Unless otherwise provided by law or directed by the presiding officer, documents must be filed by:
(i) Hand delivery to the adjudicative clerk's office, except when the office is closed during normal business hours due to exigent circumstances;
(ii) First class, registered, or certified mail; ((or))
(iii) Fax transmission ((where copies are mailed simultaneously));
(iv) Electronic mail sent to ACOfax@doh.wa.gov; or
(v) Other secure electronic means as established by the department.
(c) The date of filing is the date the documents are received by the adjudicative clerk's office.
(d) Filing is effective when the documents are received by the adjudicative clerk's office during normal business hours. For documents received after 5:00 p.m. on a business day or on a Saturday, Sunday, or legal holiday, the filing is effective the next business day.
(3) Service. Service is the act of delivering a document to a party or a party's designated representative.
(a) Unless otherwise provided by law, documents must be served by:
(i) Personal service;
(ii) First class, registered, or certified mail; or
(iii) Fax transmission ((where copies are mailed simultaneously)).
(b) A party must serve copies of documents required or allowed by this chapter prior to or simultaneously with filing the original document with the adjudicative clerk's office.
(c) Service is complete when the documents are:
(i) Personally served;
(ii) Properly stamped, addressed, and deposited in the United States mail; or
(iii) Successfully transmitted by fax ((and properly stamped and addressed copies are deposited in the United States mail)).
(d) A party may prove service by filing in compliance with this chapter any of the following:
(i) An acknowledgment of service; or
(ii) A certificate of service including the date the documents were served, the parties upon whom served, the signature of the serving party, and a statement specifying which type of service was used.
(e) Service on a licensee, applicant, or a person requesting an adjudicative proceeding will be made at the last known address provided to the department in accordance with WAC 246-12-310, unless the program has actual knowledge of a different correct address for the person being served.
(4) The parties may agree to use electronic mail for service of documents.
(5) A party may agree with the adjudicative clerk's office to service of documents via electronic mail or other secure electronic means as established by the department, including notices of hearing, initial orders, and final orders.
(6) The adjudicative clerk's office will serve documents via electronic mail or other secure electronic means as established by the department in those cases in which all parties agree to electronic service.
OTS-2994.1
AMENDATORY SECTION(Amending WSR 18-18-050, filed 8/29/18, effective 9/29/18)
WAC 246-11-080Filing and service of documents.
(1) For purposes of this section "document" means pleadings, briefs, exhibits, orders, or other materials requested or relevant to an adjudicative proceeding.
(2) Filing. Filing is the act of delivering documents to the adjudicative clerk's office.
(a) A party must file with the adjudicative clerk's office documents required or allowed pursuant to this chapter.
(b) Unless otherwise provided by law or directed by the presiding officer, documents must be filed by:
(i) Hand delivery to the adjudicative clerk's office, except when the office is closed during normal business hours due to exigent circumstances;
(ii) First class, registered, or certified mail; ((or))
(iii) Fax transmission ((where copies are mailed simultaneously));
(iv) Electronic mail sent to ACOfax@doh.wa.gov; or
(v) Other secure electronic means as established by the department.
(c) The date of filing is the date the documents are received by the adjudicative clerk's office.
(d) Filing is effective when the documents are received by the adjudicative clerk's office during normal business hours. For documents received after 5:00 p.m. on a business day or on a Saturday, Sunday, or legal holiday, the filing is effective the next business day.
(3) Service. Service is the act of delivering a document to a party or a party's designated representative.
(a) Unless otherwise provided by law, documents must be served by:
(i) Personal service;
(ii) First class, registered, or certified mail; or
(iii) Fax transmission ((where copies are mailed simultaneously)).
(b) A party must serve copies of documents required or allowed by this chapter prior to or simultaneously with filing the original document with the adjudicative clerk's office.
(c) Service is complete when the documents are:
(i) Personally served;
(ii) Properly stamped, addressed, and deposited in the United States mail; or
(iii) Successfully transmitted by fax ((and properly stamped and addressed copies are deposited in the United States mail)).
(d) A party may prove service by filing in compliance with this chapter any of the following:
(i) An acknowledgment of service; or
(ii) A certificate of service including the date the documents were served, the parties upon whom served, the signature of the serving party, and a statement specifying which type of service was used.
(e) Service on a licensee, applicant, or a person requesting an adjudicative proceeding will be made at the last known address provided to the department in accordance with WAC 246-12-310, unless the program has actual knowledge of a different correct address for the person being served.
(4) The parties may agree to use electronic mail for service of documents.
(5) A party may agree with the adjudicative clerk's office to service of documents via electronic mail or other secure electronic means as established by the department, including notices of hearing, initial orders, and final orders.
(6) The adjudicative clerk's office will serve documents via electronic mail or other secure electronic means as established by the department in those cases in which all parties have agreed to electronic service.