WSR 16-18-011
[Filed August 25, 2016, 12:58 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-09-062.
Title of Rule and Other Identifying Information: Filing appeals.
Hearing Location(s): Yakima Convention Center, Room A, 10 North 8th Street, Yakima, WA 98901, on October 27, 2016, at 6:00 p.m.
Date of Intended Adoption: October 27, 2016.
Submit Written Comments to: Brigette K. Smith, P.O. Box 114, Olympia, WA 98507, e-mail, fax (360) 586-1987, by October 14, 2016.
Assistance for Persons with Disabilities: Contact Brigette K. Smith by October 14, 2016, TTY (360) 753-7318.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending chapter 491-04 WAC to remove conflicting sections and more accurately reflect board processes.
Reasons Supporting Proposal: Attorneys have challenged the current rules and asked for changes [to] remove and correct conflicting sections of chapter 491-04 WAC.
Statutory Authority for Adoption: RCW 41.24.290(2).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board for volunteer firefighters and reserve officers, governmental.
Name of Agency Personnel Responsible for Drafting,Implementation, and Enforcement: Brigette K. Smith, 605 11th Avenue S.E., Suite #112, Olympia, WA 98501, (360) 753-7318.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact to small business.
A cost-benefit analysis is not required under RCW 34.05.328. Relates only to internal governmental operations, RCW 34.05.328 (5)(b)(ii).
August 25, 2016
Brigette K. Smith
Executive Secretary
AMENDATORY SECTION (Amending WSR 13-21-050, filed 10/11/13, effective 11/11/13)
WAC 491-04-190 What are the timing requirements for the filing of ((pre-hearing)) prehearing briefs and supporting evidence?
You must file your ((pre-hearing)) prehearing brief, along with any evidence that you believe supports your position in accordance with the filing requirements set forth in WAC 491-04-060.
(1) A ((pre-hearing)) prehearing brief should be a summary of the points that you want to make regarding your case. Specific exhibits should be referenced to make it easier for the board to follow your case.
(2) Include all evidence you want the board to consider. This could include, but is not limited to, medical reports or accident reports for injury claims, or training records or response records for service credit claims. ((All evidence must meet the requirements in WAC 491-04-180.))
(3) Your ((pre-hearing)) prehearing brief and all evidence must be filed to the board and all parties to the action, no less than fourteen (((14))) days prior to the scheduled hearing date.
(4) All parties may, upon review of all evidence, file a response to a party's ((pre-hearing)) prehearing brief to the board and all parties involved no later than seven (((7))) days prior to the scheduled hearing date.
AMENDATORY SECTION (Amending WSR 13-21-050, filed 10/11/13, effective 11/11/13)
WAC 491-04-240 What is the role of the state board in an appeal?
(1) The board chair, or his or her designee, shall have the authority to:
(a) Determine the order of presentation of evidence;
(b) Administer oaths and affirmations;
(c) Issue subpoenas pursuant to RCW 51.52.100;
(d) Rule on procedural matters, objections, and motions;
(e) Rule on motions for summary judgment;
(f) Rule on offers of proof and receive relevant evidence;
(g) Determine the total time allowed for both parties to present oral testimony and oral argument during hearing before the board;
(h) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing; and
(((h))) (i) Permit or require oral argument or briefs and determine the time limits for submission.
(2) All board members shall have the authority to:
(a) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter; and
(b) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties.
The following section of the Washington Administrative Code is repealed:
WAC 491-04-180
Can new evidence be submitted for the hearing?