WSR 13-18-077 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed September 3, 2013, 4:02 p.m., effective October 4, 2013] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 392-101-010 Conduct of administrative hearings, amending this WAC gives the office of superintendent of public instruction the authority to send appeals through the office of administrative hearings (OAH).
The amendment updates the types of appeal hearings that can be heard by OAH as well as updating WACs associated with the various types of appeals being sent to OAH.
Citation of Existing Rules Affected by this Order: Amending WAC 392-101-010.
Statutory Authority for Adoption: RCW 28A.150.305.
Adopted under notice filed as WSR 13-13-006 on June 6, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 14, 2013.
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 08-22-035, filed 10/30/08, effective 11/30/08)
WAC 392-101-010 Conduct of administrative hearings.
The superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction: (1) Nonresident transfer appeals pursuant to WAC 392-137-055(2). (2) Special education hearings pursuant to ((WAC 392-171-531)) chapter 392-172A WAC or as amended. (3) Equal educational opportunity complaints pursuant to WAC 392-190-075. (4) Professional certification appeals pursuant to WAC ((180-75-030)) 181-86-150. (5) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program ((and summer food service program)) appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226. (6) Traffic safety education appeals pursuant to WAC ((392-153-005)) 392-153-001 through ((392-153-040)) 392-153-070. (7) Bus driver authorization appeals pursuant to chapter 392-144 WAC. (8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.
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