Preproposal statement of inquiry was filed as WSR 98-11-103.

Title of Rule: Chapter 288-06 WAC, Prison industries enhancement certification program adjudicative proceedings.

Purpose: To provide an appeal process to board certification and decertification actions.

Statutory Authority for Adoption: RCW 36.110.060, chapter 34.05 RCW, Administrative Procedure Act.

Statute Being Implemented: RCW 36.110.060.

Summary: Establish new chapter 288-06 WAC to provide an appeal process to board decisions made under provisions of chapter 288-04 WAC.

Reasons Supporting Proposal: Necessary to comply with Administrative Procedure Act.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jill Will, 206 Tenth Avenue S.E., Olympia, WA 98501, (360) 586-1534.

Name of Proponent: Jail Industries Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Establishing new chapter 288-06 WAC, Prison industries enhancement certification program appeal process, specifies brief adjudicative proceedings as primary appeal process, and allows the board to conduct formal adjudicative proceedings if the board so desires.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not impose more than a minor cost on business in an industry and the proposal is consistent with existing procedures in use under the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. The Jail Industries Board does not fall under RCW 34.05.328 (5)(a)(i) or (ii).

Hearing Location: Washington Counties Building, 206 Tenth Avenue S.E., Olympia, WA 98501-1311, on August 5, 1998, at 10:00 a.m.-11:00 a.m.

Assistance for Persons with Disabilities: Contact Jill Will by July 29, 1998, e-mail jwill@wacounties.org.

Submit Written Comments to: Jill Will, e-mail jwill@wacounties.org, fax (360) 664-2812, by August 5, 1998.

Date of Intended Adoption: August 6, 1998.

June 29, 1998

Jill Will

Executive Director

Chapter 288-06 WAC

PRISON INDUSTRIES ENHANCEMENT CERTIFICATION PROGRAM ADJUDICATIVE PROCEEDINGS

NEW SECTION

WAC 288-06-010  Application of brief adjudicative proceedings. The board adopts the brief adjudicative proceedings procedures permitted by RCW 34.05.482 through 34.05.494 and WAC 10-08-080 computation of time for adjudicative proceedings requested by applicants who:

(1) Are denied certification; or

(2) Are the subject of decertification actions taken under the authority of board polices on the prison industries enhancement certification program and RCW 36.110.060.

The sole issue at the brief adjudicative proceeding shall be whether:

(a) The applicant meets the requirements for certification; or

(b) A certified program participant is out of compliance with program requirements and should be decertified.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 288-06-020  Application of adjudicative proceedings. If the full board finds that the issue and interests raised in the request for adjudicative proceeding warrant the use of procedures of RCW 34.05.410 through 34.05.479, the board may conduct a formal adjudicative proceeding and hereby adopts the model rules of procedure as set forth in WAC 10-08-35 through 10-08-230 for the conduct of formal adjudicative proceedings.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 288-06-030  Request for adjudicative proceeding. Requests for an adjudicative proceeding must be made in writing to the board within twenty-one days of receiving notice of a certification or decertification action. Requests may be made by:

(1) The correctional facility and/or business seeking certification; or

(2) The correctional facility and/or business being decertified.

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NEW SECTION

WAC 288-06-040  Failure to apply or participate. Failure to apply for an adjudicative proceeding within the times set forth in WAC 288-06-020 shall result in the adoption of the board's initial determination as its final determination. Failure to attend or otherwise participate in an adjudicative proceeding may result in a finding of default.

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NEW SECTION

WAC 288-06-050  Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for a prison industries enhancement certification program certification is:

(a) The application for the certification and all associated documents;

(b) All documents relied upon by the board in proposing to deny the application; and

(c) All correspondence between the applicant for certification and the board regarding the application.

(2) The preliminary record with respect to decertification of a program is:

(a) The existing certification file;

(b) All reports or other documents submitted to the board by the certified program participant which is the subject of decertification; and

(c) All correspondence between the participant and the board regarding compliance with program requirements.

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NEW SECTION

WAC 288-06-060  Conduct of brief adjudicative proceedings. (1) Brief adjudicative proceedings shall be conducted by the chair of the board or other presiding officer for brief adjudicative proceedings as designated by the chair.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify and no discovery other than reproduction of the preliminary record as specified will occur.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter a written initial order.

(7) Initial orders on brief adjudicative proceedings shall become final twenty-one days after service of the initial order.

(8) Further appeals to board decisions regarding certification and decertification issues can be made to superior court as specified in chapter 34.05 RCW, Administrative Procedure Act, Part V, Judicial Review and Civil Enforcement.

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NEW SECTION

WAC 288-06-070  Agency record in brief proceedings. The agency record of brief adjudicative proceedings shall consist of:

(1) The preliminary record as set forth in WAC 288-06-050;

(2) All initiating documents including the notice of opportunity to defend;

(3) The request for adjudicative proceeding;

(4) All documents submitted in the proceeding;

(5) Any transcript or recording of any testimony or arguments presented; and

(6) All orders issued in the case.

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