PDFWAC 182-16-2150

Reviewing officer or officers—Designation and authority.

(1) The designation of a reviewing officer or officers must be consistent with the requirements of RCW 34.05.491 and the reviewing officer or officers must not have personally participated in the decision made by the employing agency or PEBB program.
(2) The reviewing officer or officers must review the initial order and the record to determine if the initial order was correctly decided and make any inquiries necessary to ascertain whether the proceeding must be converted to a formal administrative hearing.
(3) The reviewing officer or officers will issue a final order that will either:
(a) Affirm the initial order in whole or in part; or
(b) Reverse the initial order in whole or in part; or
(c) Remand to the presiding officer in whole or in part.
(4) A reviewing officer or officers are limited to those powers granted by the state constitution, statutes, rules, or applicable case law.
(5) A reviewing officer or officers may not decide that a rule is invalid or unenforceable.
(6) In addition to the record, the reviewing officer or officers may employ the authority's expertise as a basis for the decision.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 22-13-158 (Admin #2022-01), § 182-16-2150, filed 6/21/22, effective 1/1/23; WSR 20-16-062 (Admin #2020-03), § 182-16-2150, filed 7/28/20, effective 1/1/21. Statutory Authority: RCW 41.05.021, 41.05.160, and PEBB policy resolutions. WSR 19-17-073 (Admin #2019-01), § 182-16-2150, filed 8/20/19, effective 1/1/20. Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-2150, filed 10/29/18, effective 1/1/19.]