PDFWAC 182-16-3170

Office of administrative hearings—Initial or final order—Required information.

(1) Initial order: When the office of administrative hearings is holding a formal administrative hearing on behalf of the authority, the hearing officer must render a written initial order that addresses the issue or issues raised by the appellant in their appeal. The hearing officer must serve a copy of the initial order on all parties and the initial order must contain information on how the appellant may request review of the initial order.
(2) Final order: The final order will only be issued by the authority. After the reviewing officer or officers receives a request for review, the reviewing officer or officers has 20 calendar days to enter and serve a final order to all parties unless the reviewing officer serves notice allowing more time.
(3) In the written final order, the hearing officer must:
(a) Identify the order as a final order of the public employees benefits board (PEBB) program;
(b) List the name and docket number of the case and the names of all parties and representatives;
(c) Enter findings of fact used to resolve the dispute based on the evidence admitted in the record;
(d) Explain why evidence is, or is not, credible when describing the weight given to evidence related to disputed facts;
(e) State the law that applies to the dispute;
(f) Apply the law to the facts of the case in the conclusions of law;
(g) Discuss the reasons for the decision based on the facts and the law;
(h) State the result and remedy ordered; and
(i) Include any other information required by law or program rules.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 22-13-158 (Admin #2022-01), § 182-16-3170, filed 6/21/22, effective 1/1/23; WSR 20-16-062 (Admin #2020-03), § 182-16-3170, 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), § 182-16-3170, 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), § 182-16-3170, filed 10/29/18, effective 1/1/19.]