(1)(a) After issuance of a final decision, any party may file a petition for reconsideration with the board. Such petition must be filed and served on all parties within 10 days of the board serving the final decision under WAC
461-08-310. The board may require an answer, or parties may elect to file an answer, to the petition for reconsideration. Any answer to a petition for reconsideration must be filed and served on all parties within five days of the date of receipt of the petition.
(b) The filing of a petition for reconsideration does not stay the effectiveness of the final decision of the board.
(c) In response to a petition for reconsideration, the board may deny it, or may reverse or modify its decision or may reopen the hearing. The board is deemed to have denied the petition if, within 20 days from the date the petition is filed, the board does not act on the petition or specify a date by which it will act on the petition.
(2) The time for filing a petition for judicial review does not commence until disposition of the petition for reconsideration. However, the filing of a petition for reconsideration is not a prerequisite for seeking judicial review.
(3) The board shall serve the final decision and order and of the board's disposition of any petition for reconsideration on each party to the appeal or on the attorney or representative of record. The board's final decision and order may be served electronically when a party agrees to electronic service. Service on the representative constitutes service on the party.
[Statutory Authority: RCW
43.21B.170 and
90.58.175. WSR 23-11-078, § 461-08-565, filed 5/17/23, effective 6/16/23. Statutory Authority: RCW
43.21B.170,
90.58.174, chapters
43.21B, 34.05, and
90.58 RCW. WSR 07-03-074, § 461-08-565, filed 1/17/07, effective 2/17/07. Statutory Authority: RCW
90.58.175. WSR 96-15-002, § 461-08-565, filed 7/3/96, effective 8/3/96.]