WSR 18-10-084
[Filed May 1, 2018, 11:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-23-027.
Title of Rule and Other Identifying Information: WAC 391-08-150 Adjudicative proceedingsPrehearing motions, the agency is proposing to adopt a general rule of procedure that sets forth time frames for the filing of prehearing motions as well as guidelines for the filing of responses to prehearing motions.
Hearing Location(s): On June 12, 2018, at 1:30 p.m., at 112 Henry Street, Suite 300, Olympia, WA 98504-0919. Main conference room of the agency's Olympia headquarters.
Date of Intended Adoption: August 7, 2018.
Submit Written Comments to: Dario de la Rosa, 112 Henry Street, Suite 300, P.O. Box 40919, Olympia, WA 98504-0919, email, fax 360-570-7334, by June 11, 2018.
Assistance for Persons with Disabilities: Contact Diane Tucker, phone 360-570-7335, fax 360-570-7334, email, by June 8, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new rule sets forth the processes and procedures for the filing of prehearing motions. It will provide more stability and predictability to the prehearing process by precluding prehearing motions that could unnecessarily delay a scheduled hearing.
Reasons Supporting Proposal: The agency currently does not have a formal process for addressing prehearing motions.
Statutory Authority for Adoption: RCW 41.58.050, 28B.52.065, 41.56.090, 41.59.110, 41.76.060.
Name of Proponent: Staff, public employment relations commission, governmental.
Name of Agency Personnel Responsible for Drafting: Dario de la Rosa, Olympia, 360-570-7328; Implementation and Enforcement: Michael Sellars, Olympia, 360-570-7306.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule is a procedural rule relating to the conduct of administrative hearings before the agency.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
May 1, 2018
Dario de la Rosa
Rules Coordinator
WAC 391-08-155 Adjudicative proceedingsPrehearing motions
Unless controlled by WAC 391-08-180, 391-25-170, 391-25-190, 391-45-070, 391-45-210, or 391-45-250, all prehearing motions shall be made in writing and filed and served on all parties of record in accordance with WAC 391-08-120. All motions should be supported by legal authorities and may be accompanied by other supporting materials, such as affidavits. 
(1) Prehearing motions may be filed at any time prior to the scheduling of a hearing date. The presiding hearing officer or examiner shall establish a schedule for all parties of record to respond to the motion. 
(2) If a hearing date(s) have been established, all dispositive prehearing motions must be filed with the presiding hearing officer or examiner at least 21 days prior to the first established hearing date. 
(a) When a prehearing motion is filed where a hearing date has been established, the non-moving party or parties must file and serve responses to the motion within 7 days from the date in which the motion was filed under WAC 391-08-120.  
(b) The presiding hearing officer or examiner must rule on the motion at least 7 days prior to the first established hearing date.