PROPOSED RULES
RELATIONS COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-15-067.
Title of Rule: Amendments to WAC 391-08-670.
Purpose: To conform agency case citations to format used by Washington Supreme Court.
Statutory Authority for Adoption: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050.
Statute Being Implemented: RCW 34.05.220.
Summary: Rule change is proposed to italicize agency case citations rather than underlining such citations.
Reasons Supporting Proposal: To follow The Blue Book: A Uniform System of Citation, which is the style manual used by the Washington Supreme Court.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark S. Downing, Rules Coordinator, [Room] 603, Evergreen Plaza [Building], (360) 753-2955.
Name of Proponent: Agency, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The agency is proposing that this rule change be adopted.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule change will provide consistency concerning case citations for clientele who practice before the agency and the Washington Supreme Court.
Proposal Changes the Following Existing Rules: Proposal will change case citation format from underlining to italicizing for decisions issued by agency, and for briefs and other documents filed by clientele with agency.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Agency rules only affect public employees and unions representing public employees, and do not impose costs on profit-making businesses.
RCW 34.05.328 does not apply to this rule adoption. Agency rules are excepted by RCW 34.05.328 (5)(a)(i) from the provisions of RCW 34.05.328.
Hearing Location: Room 603, Evergreen Plaza Building, 711 Capitol Way, Olympia, WA, on November 14, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact James E. Lohr by November 7, 2000, (360) 586-7862.
Submit Written Comments to: Mark S. Downing, Rules Coordinator, P.O. Box 40919, Olympia, WA 98504-0919, fax (360) 586-7091, by November 7, 2000.
Date of Intended Adoption: November 14, 2000.
October 4, 2000
Marvin L. Schurke
Executive Director
OTS-4453.1
AMENDATORY SECTION(Amending WSR 96-07-105, filed 3/20/96,
effective 4/20/96)
WAC 391-08-670
Decision numbering -- Citation of
cases -- Indexing of decisions.
(1) Each decision issued by the agency in an adjudicative proceeding under the Administrative Procedure Act is assigned a unique number consisting of two or three components, as follows:
(a) The first component, consisting of a number, indicates the sequential number of adjudicative proceedings in which one or more decisions has been issued since the agency commenced operations on January 1, 1976.
(b) The second component (where appropriate) consisting of an alphabetic code in ascending alphabetical order, indicates the second and subsequent decisions issued in the case to which the numerical component was originally assigned.
(c) The third component, consisting of a four-letter alphabetic code, indicates the statute under which the decision was issued:
"CCOL" indicates cases decided under chapter 28B.52 RCW, which is titled: "Collective Bargaining -- Academic Personnel in Community Colleges."
"EDUC" indicates cases decided under chapter 41.59 RCW, which is titled: "Educational Employment Relations Act."
"MRNE" (no longer in use) was formerly used to indicate cases decided under chapter 47.64 RCW, relating to the Washington state ferries system.
"PECB" indicates cases decided under chapter 41.56 RCW, which is titled: "Public Employees' Collective Bargaining," including some cases involving port districts.
"PORT" indicates cases decided under chapter 53.18 RCW, which is titled: "Employment Relations -- Collective Bargaining and Arbitration" relating to port districts.
"PRIV" (no longer in use) was formerly used to indicate cases decided under chapter 49.08 RCW, relating to private sector employers and employees.
(2) All citations of agency decisions in subsequent agency decisions, in publications of agency decisions, and in briefs and written arguments filed by parties with the agency shall conform to the formats specified in this section:
| GENERAL RULE: | Citations shall list only the name of the
employer (( |
((City of Roe)) City of Roe, Decision 1234 (PECB, 1992)
((City of Roe)) City of Roe, Decision 1234-A (PECB, 1993)
((City of Roe)) City of Roe, Decision 1234-B (PECB, 1994)
| EXCEPTION 1: | For decisions being cited within the first year following their issuance, the full date of issuance may be set forth. |
((City of Roe)) City of Roe, Decision 1234-C (PECB, December 15, 1995)
| EXCEPTION 2: | For decisions in which an employee organization or labor organization was named as the respondent in an unfair labor practice case, the citation shall list the name of the union (in parenthesis) following the name of the employer. |
((City of Roe (Doe Union))) City of Roe (Doe Union), Decision 2345 (PECB, 1995)
(3) The agency encourages the publication and indexing of
its decisions by private firms, but does not contribute financial
support to any such firm and declines to declare any private firm
as the "official reporter" of agency decisions.
(4) The agency uses a commercially published index of its decisions, along with commercially produced computer assisted research tools, in its own operations. The agency makes those indexes available to the public in its offices, to satisfy the requirements of RCW 42.17.260(5).
[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 34.05.220. 96-07-105, § 391-08-670, filed 3/20/96, effective 4/20/96.]