(1) When a brief adjudicative proceeding is converted to a formal administrative hearing consistent with WAC
182-32-2160, the director designates a hearing officer to conduct the formal administrative hearing.
(2) Formal administrative hearings are conducted consistent with the Administrative Procedure Act, RCW
34.05.413 through
34-05-476.
(3) Part III describes the general rules and procedures that apply to school employees benefits board (SEBB) benefits formal administrative hearings.
(a) Part III supplements the Administrative Procedure Act (APA), chapter
34.05 RCW, and the model rules of procedure in chapter
10-08 WAC. The model rules of procedure adopted by the chief administrative law judge pursuant to RCW
34.05.250, as now or hereafter amended, are hereby adopted for use by the authority in school employees benefits board (SEBB) benefits formal administrative hearings. Other procedural rules adopted in chapters
182-30, 182-31, and
182-32 WAC are supplementary to the model rules of procedure.
(b) In the case of a conflict between the model rules of procedure and Part III, the procedural rules adopted in Part III must govern.
(c) If there is a conflict between Part III and specific SEBB program rules, the specific SEBB program rules prevail. SEBB program rules are found in chapters
182-30 and
182-31 WAC.
(d) Nothing in Part III is intended to affect the constitutional rights of any person or to limit or change additional requirements imposed by statute or other rule. Other laws or rules determine if a hearing right exists, including the APA and program rules or laws.
[Statutory Authority: RCW
41.05.021,
41.05.160 and 2020 c 231. WSR 20-16-067 (Admin #2020-04), § 182-32-3000, filed 7/28/20, effective 8/28/20. Statutory Authority: RCW
41.05.021,
41.05.160, 2017 3rd sp.s. c 13, 2018 c 260, and SEBB policy resolutions. WSR 19-14-093 (Admin #2019-01), § 182-32-3000, filed 7/1/19, effective 8/1/19. Statutory Authority: RCW
41.05.021,
41.05.160 and SEBB policy resolutions. WSR 19-01-055 (Admin #2018-01), § 182-32-3000, filed 12/14/18, effective 1/14/19.]