WSR 02-19-088

PROPOSED RULES

BOARD OF INDUSTRIAL

INSURANCE APPEALS

[ Filed September 17, 2002, 10:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-11-144.

Title of Rule: Chapter 263-12 WAC, Practice and procedure before the board of Industrial Insurance Appeals.

Purpose: To revise the board's rules of practice and procedure by amending WAC 263-12-045, 263-12-050, 263-12-059, 263-12-060, 263-12-065, 263-12-093, 263-12-115, 263-12-150; and adding new sections WAC 263-12-117, and 263-12-156.

Statutory Authority for Adoption: RCW 51.52.020.

Summary: The proposed revisions make a number of housekeeping changes by clarifying and simplifying language and punctuation; clarifying duties and powers of industrial appeals judges regarding the closing of the record; clarifies limitation of time for filing appeals under the special death benefit provision of the law enforcement officers' and fire fighters' retirement system (chapter 41.26 RCW); clarifies denial of appeals based on the department record. Creates two new sections, WAC 263-12-117, regarding evidence by deposition and procedure at deposition; and WAC 263-12-156, which defines board review of a final order.

Reasons Supporting Proposal: Rules are being modified to meet the WAC migration and clear writing mandates.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David E. Threedy, 2430 Chandler Court S.W., Olympia, WA, (360) 753-6823.

Name of Proponent: Board of Industrial Insurance Appeals, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 263-12-045, the rule clarifies the duties and powers of industrial appeals judges by allowing the judge to close the record in the event the parties do not confirm witnesses or present evidence within the timelines prescribed by the judge.

WAC 263-12-050, to clarify the language and punctuation used in the rule.

WAC 263-12-059, to clarify the language used in the rule.

WAC 263-12-060, to clarify the language regarding time limitations for filing of appeals under the special death benefit provision of the law enforcement officers' and fire fighters' retirement system (chapter 41.26 RCW).

WAC 263-12-065, clarifies the language regarding the denial of appeals based on the department record.

WAC 263-12-093, clarifies the language used in the rule by making reference to the appropriate WAC.

WAC 263-12-115, to simplify the language used in the rule regarding depositions. The rule change eliminates language that is included in a separate rule regarding evidence by deposition and procedure at deposition (WAC 263-12-117).

WAC 263-12-150, clarifies the language used in the rule by referring to the appropriate WAC.

New section WAC 263-12-117, creates new section regarding evidence by deposition and procedure at deposition.

New section WAC 263-12-156, creates a new section regarding board review of a final order.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact on financial issues in the amendments being made. They are basically clarification of procedural rules relating to administrative hearings.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rule changes are not legislative; they relate to procedures related to agency hearings or clarify language of a rule without changing its effect.

Hearing Location: Board of Industrial Insurance Appeals, Main Conference Room, 2430 Chandler Court S.W., Olympia, WA, on November 19, 2002, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Donalda Ball by November 7, 2002, (360) 753-6823 ext. 183.

Submit Written Comments to: David E. Threedy, P.O. Box 42401, Olympia, WA 98504-2401, fax (360) 586-5611, by November 18, 2002.

Date of Intended Adoption: November 19, 2002.

September 16, 2002

David E. Threedy

Executive Secretary

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-20 issue of the Register.

Washington State Code Reviser's Office