WSR 97-13-034

EXPEDITED REPEAL

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed June 13, 1997, 9:15 a.m.]

The Following Sections are Proposed for Expedited Repeal: Chapter 296-10 WAC, sections 010-220 and 370-590; chapter 296-129 WAC, sections 020-040; and chapter 296-126 WAC, section 140.

Rules Proposed for Expedited Repeal Meet the Following Criteria: Statute on which the rule was based has been repealed and has not been replaced by another statute providing statutory authority for the rule.

Any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after publication of this preproposal statement of inquiry.

Address Your Objection to: Greg Mowat, Program Manager, Employment Standards, P.O. Box 44510, Tumwater, WA 98504-4510, phone (360) 902-5310.

Reason the Expedited Repeal of the Rule is Appropriate: The Department of Labor and Industries is submitting rules for expedited repeal because their statutory authority RCW 43.22.280 was repealed by RCW 43.22.282 in 1982 making these rules obsolete. The practice and procedure issues are covered in chapter 296-08 WAC. The powers, duties, and the industrial welfare committee functions were transferred to the director of labor and industries. Therefore, the department is proposing repeal of chapter 296-10 WAC, Practice and procedure industrial welfare committee; chapter 296-129 WAC, Industrial welfare committee appeals; and chapter 296-126 WAC, Appeal procedures. Repealing these rules eliminates forty-nine sections and eight pages from Title 296 WAC.

June 12, 1997

Gary Moore

Director

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 296-10-010 Appearance and practice before agency--Who may appear.

WAC 296-10-020 Appearance and practice before agency--Appearance in certain proceedings may be limited to attorneys.

WAC 296-10-030 Appearance and practice before agency--Solicitation of business unethical.

WAC 296-10-040 Appearance and practice before agency--Standards of ethical conduct.

WAC 296-10-050 Appearance and practice before agency--Appearance of former employee of board or former member of attorney general's staff.

WAC 296-10-060 Appearance and practice before agency--Former employee as expert witness.

WAC 296-10-070 Computation of time.

WAC 296-10-080 Notice and opportunity for hearing in contested cases.

WAC 296-10-090 Notice and opportunity for hearing in contested cases--By whom served.

WAC 296-10-100 Notice and opportunity for hearing in contested cases--Upon whom served.

WAC 296-10-110 Notice and opportunity for hearing in contested cases--Service upon parties.

WAC 296-10-120 Notice and opportunity for hearing in contested cases--Method of service.

WAC 296-10-130 Notice and opportunity for hearing in contested cases--When service complete.

WAC 296-10-140 Notice and opportunity for hearing in contested cases--Filing with agency.

WAC 296-10-150 Subpoenas--Where provided by law--Form.

WAC 296-10-160 Subpoenas--Issuance to parties.

WAC 296-10-170 Subpoenas--Service.

WAC 296-10-180 Subpoenas--Fees.

WAC 296-10-190 Subpoenas--Proof of service.

WAC 296-10-200 Subpoenas--Quashing.

WAC 296-10-210 Subpoenas--Enforcement.

WAC 296-10-220 Subpoenas--Geographical scope.

WAC 296-10-370 Official notice--Matters of law.

WAC 296-10-380 Official notice--Material facts.

WAC 296-10-390 Presumptions.

WAC 296-10-400 Stipulations and admissions of record.

WAC 296-10-410 Form and content of decisions in contested cases.

WAC 296-10-420 Definition of issues before hearing.

WAC 296-10-430 Prehearing conference rule--Authorized.

WAC 296-10-440 Prehearing conference rule--Record of conference action.

WAC 296-10-450 Submission of documentary evidence in advance.

WAC 296-10-460 Excerpts from documentary evidence.

WAC 296-10-470 Expert or opinion testimony and testimony based on economic or statistical data--Number and qualifications of witnesses.

WAC 296-10-480 Expert or opinion testimony and testimony based on economic or statistical data--Written sworn statements.

WAC 296-10-490 Expert or opinion testimony and testimony based on economic or statistical data--Supporting data.

WAC 296-10-500 Expert or opinion testimony and testimony based on economic or statistical data--Effect of noncompliance with WAC 296-10-470 or 296-10-480.

WAC 296-10-510 Continuances.

WAC 296-10-520 Rules of evidence--Admissibility criteria.

WAC 296-10-530 Rules of evidence--Tentative admission--Exclusion--Discontinuance--Objections.

WAC 296-10-540 Petitions for rule making, amendment or repeal--Who may petition.

WAC 296-10-550 Petitions for rule making, amendment or repeal--Requisites.

WAC 296-10-560 Petitions for rule making, amendment or repeal--Agency must consider.

WAC 296-10-570 Petitions for rule making, amendment or repeal--Notice of disposition.

WAC 296-10-580 Declaratory rulings.

WAC 296-10-590 Forms.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-126-140 Appeal procedures.

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 296-129-020 Appeal briefs.

WAC 296-129-030 Appeal briefs--Contents.