Purpose: Chapter 139-03 WAC, Procedures, to improve effectiveness, clarity, and intent in order to better serve clients, stakeholders, and citizens.
Citation of Existing Rules Affected by this Order: Repealing 3 [WAC 139-03-040, 139-03-050 and 139-03-060]; and amending 2 [WAC 139-03-010 and 139-03-020].
Statutory Authority for Adoption: RCW 43.101.080.
Adopted under notice filed as WSR 05-03-024 on January 7, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 2, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 2, Repealed 3.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 9, 2005.
for Michael D. Parsons
AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)
WAC 139-03-010 Adoption of model rules of procedure. ((
In those contested cases, declaratory proceedings, and
requests for rule making in which the commission has authority
to conduct hearings,)) Practice and procedure before the
commission shall be in accordance with the model rules of
procedure adopted by the chief administrative law judge
pursuant to RCW 34.05.250, as now or hereafter amended. The
model rules hereby adopted are found in chapter 10-08 WAC.
Other procedural rules adopted in this title are supplementary
to the model rules of procedure. In the case of a conflict
between the model rules of procedure and the procedural rules
adopted in this title, the procedural rules adopted in this
title shall govern.
Peace officer certification proceedings before the commission are governed by chapter 139-06 WAC.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-03-010, filed 8/4/00, effective 9/4/00.]
(2) Unless otherwise provided in this title, student dismissal for academic or disciplinary reasons may be reviewed at the request of such individual, or the head of such individual's employing agency, and shall be considered in accordance with the process hereinafter provided.
(3) An individual requesting review shall submit a request in writing to the executive director and shall therein specify and include, where applicable:)) All applications requesting that the commission conduct an adjudicative proceeding shall be made on a form provided by the commission for that purpose. The application must specify the issue to be brought before the commission, including:
(a) The action for which review is requested, identified by date and description of action;
(b) The direct and adverse effects of such action;
(c) The corrective or remedial action or other relief sought;
(d) The name and mailing address of the requesting
, any witness to be called by the requesting party, and
any person who will personally appear in support of the
requesting party, including legal counsel)); and
(e) A statement that the person signing the request for
review has read it and that to the best of ((
his or her))
their knowledge or information and belief the contents thereof
(2) Applications for adjudicative proceedings shall be made within thirty calendar days of:
(a) Service upon the applicant of the proposed commission action giving rise to the application; or
(b) Notice to the applicant from any source of action by the commission or commission staff which the applicant believes will adversely affect the applicant.
(3) Failure of an applicant to file an application for an adjudicative proceeding within the time limits set forth in subsection (2) of this section, constitutes a default and results in the loss of the applicant's right to an adjudicative proceeding. The commission may proceed to resolve the matter pursuant to RCW 34.05.440(1).
A request)) An application for (( review))
adjudicative proceeding must be (( mailed to or)) served
personally (( served)) or delivered by certified mail upon the
director of the commission (( within thirty days of the date of
written communication of commission staff action. "Mailing"
for purposes of this regulation means posting in the United
States mail, properly addressed, postage prepaid)).
A requesting party may notify the director of the
commission within seven days of filing the request for a
hearing that the requesting party chooses to first meet with
the executive director and ask him or her to informally review
the staff action. The executive director will conduct such
informal review within thirty days of such request for
informal review or within such additional period as is agreed
to between the requesting party and the executive director. If the executive director then affirms staff action, or if the
requesting party elects to forgo this informal review step,
the matter will proceed to a formal hearing by an
administrative law judge from the state office of
administrative hearings.)) The commission will process
applications for adjudicative proceedings in accordance with
RCW 34.05.416 and 34.05.419.
(6) If the commission decides to proceed with an
adjudicative proceeding, the director will designate a
presiding officer, which may be an administrative law judge
from the state office of administrative hearings. The
administrative law judge)) presiding officer will:
(a))) Schedule and conduct an adjudicative proceeding
under chapter 34.05 RCW; and
(b) Issue an initial decision of the commission in the
The commission staff or the requesting party may then pursue review by the commission subject to the time limits and any other jurisdictional requirements of chapter 34.05 RCW and of this section.
(6) A petition for review of the initial decision must be filed with the commission within thirty days of mailing of the initial decision to the parties. Extensions of the time for filing petitions for review may be granted for good cause shown in the discretion of the chairperson of the commission on timely written request of a party. The petition for review shall set forth in detail the grounds for review, and the party filing the petition shall be deemed to have waived all objections or claims of irregularities not specifically set forth therein. At the next succeeding regularly scheduled meeting of the commission at which review can practicably be conducted, the commission shall consider the whole record, or such portions of it as are cited by the parties. The commission shall afford the parties an opportunity to present written argument, and may, as a matter of discretion, allow oral argument. Thereafter, a final decision shall be entered within thirty days of the meeting, either finally disposing of the action or remanding the matter for further proceedings before the initial reviewer.)) (7) Upon receiving a request for adjudicative proceeding, the commission may at the request of the applicant, or on its own initiative, schedule an informal settlement conference that shall be without prejudice to the rights of the parties.
(8) This section shall not apply to a request for a variance or exemption pursuant to WAC 139-03-030.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-03-020, filed 8/4/00, effective 9/4/00.]
The following sections of the Washington Administrative Code are repealed:
|WAC 139-03-040||Method of recording.|
|WAC 139-03-060||Procedure for closing parts of hearings.|