WSR 15-24-062 PROPOSED RULES PUBLIC EMPLOYMENT RELATIONS COMMISSION [Filed November 24, 2015, 12:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-18-018.
Title of Rule and Other Identifying Information: Amendments to WAC 391-08-120 to streamline the agency's filing process by eliminating the need for parties to file hard copies of documents when filing electronically.
Hearing Location(s): 112 Henry Street, Suite 300, Olympia, WA 98504-0919, on January 11, 2016, at 10:00 a.m.
Date of Intended Adoption: February 9, 2016.
Submit Written Comments to: Michael Sellars, Executive Director, 112 Henry Street, Suite 300, Olympia, WA 98504-0919, e-mail Mike.Sellars@perc.wa.gov, fax (360) 570-5328, by January 6, 2016.
Assistance for Persons with Disabilities: Contact Diane Tucker by January 6, 2016, (360) 570-7335.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments to WAC 391-08-120 eliminate the need for a party to "perfect" their electronic filing with the agency and other parties by mailing a paper copy of the same document on the same day that the electronic filing was made.
The amendment also clarifies that a filing by United States Mail is complete when the individual places the document in the mail. The current standard makes filing complete when the agency actually receives the document.
Reasons Supporting Proposal: To streamline agency practices and procedures for the filing of documents by eliminating the wasteful requirement for parties to send duplicate paper copies to the agency and other parties.
Statutory Authority for Adoption: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, 47.64.280(2), 49.39.060.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Agency staff is proposing that these rules be adopted to allow for more efficient use of staff and clientele resources when filing and serving documents on the agency and other parties.
Name of Agency Personnel Responsible for Drafting and Implementation: Dario de la Rosa, 112 Henry Street, Suite 300, Olympia, WA 98504-0919, (360) 570-7328; and Enforcement: Michael Sellars, 112 Henry Street, Suite 300, Olympia, WA 98504-0919, (360) 570-7306.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Agency rules obligate public employers, public employees, and unions representing public employees, and do not impose costs on profit-making businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Agency rules are excepted by RCW 34.05.328 (5)(a)(i).
November 24, 2015
Dario de la Rosa
Representation Case Administrator
AMENDATORY SECTION (Amending WSR 00-14-048, filed 6/30/00, effective 8/1/00)
WAC 391-08-120 Filing and service of papers.
((FILING OF PAPERS WITH THE AGENCY
(1) Papers to be filed with the agency shall be filed at the commission's Olympia office. The executive director shall post, and from time to time revise as appropriate, a list containing the street and mailing addresses for filing by actual delivery of papers, the telephone number for filing by electronic telefacsimile transmission (fax), and the electronic mail (e-mail) address and software supported by the agency for filing by e-mail attachment.
(2) Papers may be filed by any of the following methods:
(a) FILING BY ACTUAL DELIVERY of papers to the agency (including filings delivered by United States mail) shall be subject to the following limitations:
(i) Only the original paper(s) shall be filed. No additional copies of papers are required.
(ii) The case number(s) shall be indicated on the front page of each document filed, except for petitions and complaints being filed to initiate proceedings before the agency.
(iii) Filing shall occur only upon actual receipt of the original paper by the agency during office hours.
(iv) Papers delivered to or left at the agency office after the close of business will be deemed to be filed on the next business day the office is open.
(b) FILING BY FAX shall be subject to the following limitations:
(i) Parties shall only transmit one copy of the paper, accompanied by a cover sheet or form identifying the party filing the paper, the total number of pages in the fax transmission, and the name, address, telephone number and fax number of the person sending the fax.
(ii) The original paper filed by fax shall be mailed to the commission's Olympia office on the same day the fax is transmitted.
(iii) The case number(s) shall be indicated on the front page of each document filed by fax, except for petitions and complaints being filed to initiate proceedings before the agency.
(iv) Filing by fax shall occur only when a complete legible copy of the paper is received by the agency. If a fax is not received in legible form, it will be treated as if it had never been filed. A party attempting to file a paper by fax bears the risk that the paper will not be timely or legibly received, regardless of the cause.
(v) If receipt of a fax transmission commences after office hours, the paper will be deemed filed on the next business day the office is open.
(vi) Fax shall not be used to submit or revoke authorization cards for purposes of a showing of interest or cross-check under chapter 391-25 WAC.
(c) FILING BY E-MAIL ATTACHMENT shall be subject to the following limitations:
(i) Parties shall only transmit one copy of the paper, as an attachment to an e-mail message identifying the party filing the paper, the total number of pages in the attachment, the software used to prepare the attachment, and the name, address, telephone number and e-mail address of the person sending the e-mail message.
(ii) The original paper filed by e-mail attachment shall be mailed to the commission's Olympia office on the same day the e-mail message and attachment are transmitted.
(iii) The case number(s) shall be indicated on the front page of each document filed by e-mail attachment, except for petitions and complaints being filed to initiate proceedings before the agency.
(iv) Filing by e-mail attachment shall occur only when a complete legible copy of the paper is received by the agency. If an e-mail attachment is not received in legible form, or cannot be opened with software on the list promulgated by the executive director under this section, it will be treated as if it had never been filed. A party attempting to file a paper by e-mail attachment bears the risk that the paper will not be timely or legibly received, regardless of the cause.
(v) If an e-mail transmission is received by the agency after office hours, the paper will be deemed filed on the next business day the office is open.
(vi) E-mail shall not be used to submit or revoke authorization cards for purposes of a showing of interest or cross-check under chapter 391-25 WAC.
SERVICE ON OTHER PARTIES
(3) A party which files any papers with the agency shall serve a copy of the papers upon all counsel and representatives of record and upon unrepresented parties or upon their agents designated by them or by law. Service shall be completed no later than the day of filing, by one of the following methods:
(a) Service may be made personally, and shall be regarded as completed when delivered in the manner provided in RCW 4.28.080;
(b) Service may be made by first class, registered, or certified mail, and shall be regarded as completed upon deposit in the United States mail properly stamped and addressed.
(c) Service may be made by commercial parcel delivery company, and shall be regarded as completed upon delivery to the parcel delivery company, properly addressed with charges prepaid.
(d) Service may be made by fax, and shall be regarded as completed upon production by the fax machine of confirmation of transmission, together with same day mailing of a copy of the papers, postage prepaid and properly addressed, to the person being served.
(e) Service may be made by e-mail attachment, and shall be regarded as completed upon transmission, together with same day mailing of a copy of the papers, postage prepaid and properly addressed, to the person being served.
PROOF OF SERVICE
(4) On the same day that service of any papers is completed under subsection (3) of this section, the person who completed the service shall:
(a) Obtain an acknowledgment of service from the person who accepted personal service; or
(b) Make a certificate stating that the person signing the certificate personally served the papers by delivering a copy at a date, time and place specified in the certificate to a person named in the certificate; or
(c) Make a certificate stating that the person signing the certificate completed service of the papers by:
(i) Mailing a copy under subsection (3)(b) of this section; or
(ii) Depositing a copy under subsection (3)(c) of this section with a commercial parcel delivery company named in the certificate; or
(iii) Transmitting and mailing a copy under subsection (3)(d) or (e) of this section.
(5) Where the sufficiency of service is contested, an acknowledgment of service obtained under subsection (4)(a) of this section or a certificate of service made under subsection (4)(b) or (c) of this section shall constitute proof of service.)) (1) Documents filed with the agency shall be filed at the Olympia office. The agency will post on its web site information containing the street address for filing by personal delivery, the mailing addresses for filing by mail, the telephone number for filing by fax transmission, and the e-mail address or other method to be used for electronic filing.
(2) Documents may be filed with the agency by one of the following methods:
(a) In person.
(b) By first class, registered, or certified mail.
(c) By commercial parcel delivery company.
(d) Electronically by e-mail, fax transmission, or other method posted by the agency.
(3) Documents filed with the agency shall be served upon all parties on the same day the documents are filed. Service shall be upon counsel and representatives of record, or upon unrepresented parties or upon their agents designated by them or by law.
(4) Unless otherwise ordered by the agency in a particular proceeding, filing and service is complete upon one of the following:
(a) Hand delivery.
(b) Depositing the documents, properly addressed and postage paid, in the U.S. mail.
(c) Acceptance of the documents for delivery by a parcel delivery company.
(d) Receipt of entire fax transmission by the recipient and receipt by the sending party of confirmation of receipt of the fax transmission. If receipt of a fax commences after office hours, the paper will be deemed filed on the next business day the office is open.
(e) Receipt of the entire electronic transmission by the recipient. The metadata created by the successful transmission of the e-mail or electronic filing constitutes the time of service. If an electronic filing is received by the agency after office hours, the documents will be deemed filed on the next business day the office is open.
(5) On the same day that filing and service of documents is completed under subsection (3) of this section, the person who completed service shall:
(a) Obtain an acknowledgment of service from the person who accepted personal service under subsection (4)(a) of this section; or
(b) Make a certificate stating that the person signing the certificate completed service of the papers by:
(i) Personally delivering a copy under subsection (4)(a) of this section; or
(ii) Mailing a copy under subsection (4)(b) of this section; or
(iii) Depositing a copy under subsection (4)(c) of this section with a commercial parcel delivery company named in the certificate; or
(iv) Electronically transmitting the documents under subsection (4)(d) or (e) of this section.
(6) Where the sufficiency of service is contested, an acknowledgment of service obtained under subsection (5)(a) of this section or a certificate of service made under subsection (5)(b) of this section shall constitute proof of service.
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