Title of Rule and Other Identifying Information: WAC 192-04-170 Decisions of commissioner -- Petitions for
review -- Filing -- Reply and 192-04-210 Petitions for judicial
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juanita Myers, Employment Security Department (ESD), P.O. Box 9046, Olympia, WA 98507-9046 , AND RECEIVED BY January 23, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes will require that petitions for review of decisions issued by the office of administrative hearings will be served on the commissioner's review office rather than the agency records center. Petitions for judicial review will be served on the commissioner's office or by mail to the commissioner's review office.
Reasons Supporting Proposal: To address budget shortfalls, the agency records center is being eliminated. Records will be maintained by the secretary of state's office. The changes provide the new address for the filing of petitions for review and petitions for judicial review.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Statute Being Implemented: RCW 50.32.070, 34.05.413(3).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: ESD, governmental.
Name of Agency Personnel Responsible for Drafting: Juanita Myers, 212 Maple Park Avenue S.E., Olympia, WA, (360) 902-9665; Implementation and Enforcement: Donald K. Westfall, 212 Maple Park Avenue S.E., Olympia, WA, (360) 570-6960.
November 20, 2012
AMENDATORY SECTION(Amending WSR 10-20-082, filed 9/29/10, effective 10/30/10)
WAC 192-04-170 Decision of commissioner -- Petition for review -- Filing -- Reply. (1) The written petition for review shall be filed by mailing it to the ((
Agency Records Center))
Commissioner's Review Office, Employment Security Department,
Post Office Box 9555, Olympia, WA 98507-9555, within thirty
days of the date of mailing or delivery of the decision of the
office of administrative hearings, whichever is the earlier.
(2) Any written argument in support of the petition for review must be attached to the petition for review and be filed at the same time. The commissioner's review office will acknowledge receipt of the petition for review by assigning a review number to the case, entering the review number on the face of the petition for review, and setting forth the acknowledgment date on the petition for review. The commissioner's review office will also mail copies of the acknowledged petition for review and attached argument in support thereof to the petitioning party, nonpetitioning party and their representatives of record, if any.
(3) Any reply to the petition for review and any argument in support thereof by the nonpetitioning party shall be mailed to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98504-9555. The reply must be received by the commissioner's review office within fifteen days of the date of mailing of the acknowledged petition for review. An informational copy shall be mailed by the nonpetitioning party to all other parties of record and their representatives, if any.
(4) The petition for review and argument in support thereof and the reply to the petition for review and argument in support thereof shall:
(a) Be captioned as such, set forth the docket number of the decision of the office of administrative hearings, and be signed by the party submitting it or by his or her representative.
(b) Be legible, reproducible and five pages or less.
(5) Arrangements for representation and requests for copies of the hearing record and exhibits will not extend the period for the filing of a petition for review, argument in support thereof, or a reply to the petition for review.
(6) Any argument in support of the petition for review or in reply thereto not submitted in accordance with the provisions of this regulation shall not be considered in the disposition of the case absent a showing that failure to comply with these provisions was beyond the reasonable control of the individual seeking relief.
[Statutory Authority: RCW 50.12.010 and 50.12.040. 10-20-082, § 192-04-170, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.20.010 and 50.12.040. 99-08-073, § 192-04-170, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 50.12.010, [50.12.]040 and 34.05.310 et seq. 95-18-055, § 192-04-170, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, § 192-04-170, filed 11/30/89, effective 1/1/90.]
[Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, § 192-04-210, filed 11/30/89, effective 1/1/90.]