WAC
251-12-071 Appeals from allocation.
251-12-072 Appeals from eligibility determinations.
251-12-075 Appeals from alleged violations of Chapter 41.06 RCW or Title 251 WAC.
251-12-076 Appeals from denial of parental leave requests.
251-12-080 Appeals from demotion, suspension, layoff, reduction in salary, separation, dismissal.
251-12-099 Filing of prehearing statements.
251-12-100 Hearings before the board.
251-12-102 Hearings--Motion for continuance--Procedure.
251-12-103 Dismissal by the board for lack of action.
251-12-104 Prehearing procedures--Exhibits.
251-12-105 Scheduling of hearings.
251-12-106 Withdrawals--Default at hearings.
251-12-110 Appearance and practice before the board.
251-12-120 Standards of ethical conduct.
251-12-140 Service of papers.
251-12-170 Subpoenas--Form.
251-12-180 Subpoenas--Issuance to parties.
251-12-190 Subpoenas--Service of subpoena.
251-12-200 Subpoenas--Witness fees.
251-12-210 Subpoenas--Proof of service.
251-12-220 Subpoenas--Quashing.
251-12-230 Discovery--Depositions--Interrogatories.
251-12-231 Informal settlements.
251-12-232 Prehearing conference.
251-12-240 Burden of proof.
251-12-250 Findings of fact--Conclusions of law--Filing procedure.
251-12-260 Restoration of rights.
251-12-500 Relief from effect of board's order.
251-12-600 Remedial action.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
251-12-010 Demotion--Suspension--Reduction--Dismissal--Causes. [Order 21, § 251-12-010, filed 5/24/73; Order 1, § 251-12-010, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-110.
251-12-015 Dismissal--Union shop requirement--Notice--Recision of dismissal. [Order 25, § 251-12-015, filed 7/17/73.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-170.
251-12-020 Reduction--Demotion--Procedure. [Order 1, § 251-12-020, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-150.
251-12-030 Suspension--Grounds for--Duration--Notice. [Order 1, § 251-12-030, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-130.
251-12-040 Dismissal--Grounds for--Notice. [Order 1, § 251-12-040, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-120.
251-12-045 Probationary period--Rejection. [Order 17, § 251-12-045, filed 10/16/72, effective 11/20/72.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-190.
251-12-050 Suspension--Concurrently--Notice. [Order 1, § 251-12-050, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-140.
251-12-060 Unauthorized absence--Presumption of resignation--Notice. [Order 21, § 251-12-060, filed 5/24/73; Order 1, § 251-12-060, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-180.
251-12-070 Demotion, suspension--Reduction--Dismissal--Withdrawal of charges by appointing authority--Time limitation. [Order 1, § 251-12-070, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-10-160.
251-12-073 Appeals from exempt status. [Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-073, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 90-14-018, § 251-12-073, filed 6/27/90, effective 8/1/90. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-073, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 85-16-038 (Order 134), § 251-12-073, filed 7/31/85, effective 9/1/85; Order 61, § 251-12-073, filed 8/30/77, effective 10/1/77.] Repealed by 02-07-048, filed 3/14/02, effective 5/1/02. Statutory Authority: RCW 41.06.150.
251-12-085 Hearing examiners. [Statutory Authority: RCW 28B.16.100. 91-10-002, § 251-12-085, filed 4/18/91, effective 6/1/91; 90-13-017, § 251-12-085, filed 6/8/90, effective 7/9/90. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-085, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-12-085, filed 9/30/87; Order 61, § 251-12-085, filed 8/30/77, effective 10/1/77.]Repealed by 98-19-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
251-12-090 Appeals receipt--Procedure. [Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-090, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-090, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-090, filed 9/15/69.]Repealed by 92-13-063, filed 6/12/92, effective 8/1/92. Statutory Authority: RCW 28B.16.100.
251-12-095 Appeals--Limitations. [Statutory Authority: RCW 28B.16.100. 78-06-068 (Order 68), § 251-12-095, filed 5/25/78, effective 7/1/78.]Repealed by 80-15-026 (Order 85), filed 10/8/80. Statutory Authority: RCW 28B.16.100.
251-12-096 Declaratory orders. [Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-096, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 89-12-059 (Order 177) § 251-12-096, filed 6/6/89; 87-16-045 (Order 158), § 251-12-096, filed 7/29/87, effective 9/1/87.]Repealed by 98-19-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
251-12-097 Declaratory orders--Form. [Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-097, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 89-12-059 (Order 177) § 251-12-097, filed 6/6/89; 87-16-045 (Order 158), § 251-12-097, filed 7/29/87, effective 9/1/87.]Repealed by 98-19-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
251-12-101 Motion(s) for continuance. [Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-101, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-12-101, filed 11/1/88.]Repealed by 96-09-055, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 41.06.150.
251-12-130 Computation of time. [Order 1, § 251-12-130, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-04-100.
251-12-150 Method and completion of service. [Order 1, § 251-12-150, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-04-105.
251-12-160 Filing with board. [Order 1, § 251-12-160, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-04-110.
251-12-270 Superior court appeals--Grounds--Notice requirements. [Order 61, § 251-12-270, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-270, filed 9/15/69.]Repealed by 97-13-045, filed 6/13/97, effective 8/1/97. Statutory Authority: RCW 41.06.150.
251-12-280 Grounds--Notice requirements. [Order 1, § 251-12-280, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-12-270.
251-12-285 Superior court appeals--Statement of facts--Preparation. [Order 61, § 251-12-285, filed 8/30/77, effective 10/1/77; Order 31, § 251-12-285, filed 2/22/74.]Repealed by 83-10-029 (Order 105), filed 4/29/83, effective 6/1/83. Statutory Authority: RCW 28B.16.100.
251-12-290 Superior court appeals--Preparation of record--Time limitations--Cost. [Statutory Authority: RCW 28B.16.100. 93-06-033, § 251-12-290, filed 2/23/93, effective 4/1/93; Order 61, § 251-12-290, filed 8/30/77, effective 10/1/77; Order 31, § 251-12-290, filed 2/22/74; Order 1, § 251-12-290, filed 9/15/69.]Repealed by 98-19-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
251-12-300 Superior court appeals--Consideration of record. [Order 61, § 251-12-300, filed 8/30/77, effective 10/1/77; Order 31, § 251-12-300, filed 2/22/74; Order 1, § 251-12-300, filed 9/15/69.]Repealed by 98-19-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
251-12-501 Appeals--Relief from indirect effect of board's order. [Order 29, § 251-12-501, filed 1/22/74.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-12-500.
251-12-502 Written notice by director. [Order 29, § 251-12-502, filed 1/22/74.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-12-500.
251-12-503 Request for review by board. [Order 29, § 251-12-503, filed 1/22/74.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-12-500.
251-12-504 Board ruling on review. [Order 29, § 251-12-504, filed 1/22/74.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-12-500.
WAC 251-12-071 Appeals from allocation. Any employee or employee representative desiring to appeal the allocation of his/her position may do so in accord with the provisions of WAC251-06-070.
[Order 61, § 251-12-071, filed 8/30/77, effective 10/1/77.]
WAC 251-12-072 Appeals from eligibility determinations. An applicant may appeal the following to the director in accordance with the provisions of WAC 251-17-170:
(1) Rejection of his/her application; or
(2) The results of the institutional examination review; or
(3) The conduct of the examination process and/or his/her examination results; or
(4) Failure to restore his/her name to an eligible list following the institutional review; or
(5) Removal of his/her name from an eligible list for reasons other than those specified in WAC 251-18-200(2).
[Statutory Authority: RCW 28B.16.100. 93-01-157, § 251-12-072, filed 12/23/92, effective 2/1/93; 88-02-017 (Order 164), § 251-12-072, filed 12/30/87, effective 2/1/88; 84-24-032 (Order 122), § 251-12-072, filed 11/30/84, effective 1/1/85; Order 61, § 251-12-072, filed 8/30/77, effective 10/1/77.]
WAC 251-12-075 Appeals from alleged violations of chapter 41.06 RCW or Title 251 WAC. Any employee, employee representative or appointing authority desiring to appeal an alleged violation of chapter 41.06 RCW or Title 251 WAC rules adopted thereunder, may appeal such alleged violation. Appeals must be in writing and must be filed with the personnel appeals board as provided in Title 358 WAC within thirty calendar days of the effective date of the action appealed.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-075, filed 9/10/98, effective 10/12/98; 97-01-065, § 251-12-075, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-075, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-12-075, filed 3/23/89, effective 5/1/89; Order 61, § 251-12-075, filed 8/30/77, effective 10/1/77.]
WAC 251-12-076 Appeals from denial of parental leave requests. Any permanent employee who is denied parental leave per WAC 251-22-195 may appeal such action to the director. The appeal must be in writing and submitted to the department of personnel within seven calendar days following receipt by the employee of the personnel officer's written notification and rationale for denial. The director's determination shall be final and binding.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-076, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-076, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-12-076, filed 9/30/87.]
WAC 251-12-080 Appeals from demotion, suspension, layoff, reduction in salary, separation, dismissal. Any permanent employee who is demoted, suspended, laid off, reduced in salary, separated or dismissed, may appeal such action. Appeals must be in writing and must be filed with the personnel appeals board as provided in Title 358 WAC within thirty calendar days of the effective date of the action appealed.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-080, filed 9/10/98, effective 10/12/98; 97-01-065, § 251-12-080, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-080, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 84-16-067 (Order 119), § 251-12-080, filed 7/31/84; 82-10-006 (Order 95), § 251-12-080, filed 4/26/82, effective 6/1/82; Order 61, § 251-12-080, filed 8/30/77, effective 10/1/77; Order 21, § 251-12-080, filed 5/24/73; Order 1, § 251-12-080, filed 9/15/69.]
WAC 251-12-099 Filing of prehearing statements. (1) Parties are encouraged to file prehearing statements of position with the board. The board may request all parties to submit a prehearing statement. The statements should include a summary of the evidence the party intends to present; a listing of the rules, statutes, or contract provisions upon which the party intends to rely; a statement of the disposition requested; and an argument as to why the party is entitled to the requested disposition. Such documents shall be provided to the board and to the opposing party no later than fourteen calendar days prior to the scheduled hearing date. Any response by the opposing party shall be served no later than seven calendar days prior to the scheduled hearing date or at such time as set at the prehearing conference.
(2) A party submitting prehearing statement(s) shall provide the original and three copies to the board, and one copy to the opposing party.
(3) The board will determine whether to consider documents that are filed at the time of the hearing.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-099, filed 9/10/98, effective 10/12/98; 96-09-055, § 251-12-099, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100. 90-13-017, § 251-12-099, filed 6/8/90, effective 7/9/90.]
WAC 251-12-100 Hearings before the board. (1) Hearings shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing, or in cases where the employee so requests. On motion of the board or a party, witnesses may be excluded from any hearing except when testifying. Photographic and recording equipment may be permitted. Hearings shall be informal with technical rules of- evidence not applying to the proceedings except the rules of privilege recognized by law.
(2) Members of the board or its designee may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum. All testimony shall be on oath administered by a member of the board according to the provisions of RCW 5.28.020 through 5.28.060. The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and if the evidence warrants punish such refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court.
(3) The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits; but it shall not be required to transcribe such record unless requested by the employee, who shall be furnished with a complete transcript upon payment of a reasonable charge therefor. Payment of the cost of a transcript used on appeal shall await determination of the appeal, and shall be made by the employing institution if the employee prevails.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-100, filed 9/10/98, effective 10/12/98; 96-09-055, § 251-12-100, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-100, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 83-10-029 (Order 105), § 251-12-100, filed 4/29/83, effective 6/1/83; Order 61, § 251-12-100, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-100, filed 9/15/69.]
WAC 251-12-102 Hearings--Motion for continuance--Procedure. (1) Any party to a hearing may make a written motion(s) to the board to continue a hearing by showing good cause. The motion(s) shall state the specific reason(s) and the period of time for which a continuance is necessary.
(2) Any party desiring a continuance shall first contact the opposing party to determine whether agreement to a continuance can be reached. The requesting party will immediately notify, in writing, the board of the request, the reason(s) for the request, and the opposing party's response to the request.
(3) The party requesting the continuance shall submit the motion in writing. The motion shall be filed with the board and the opposing party at least fourteen calendar days prior to the scheduled hearing date. The board or its designee shall review the motion, make a decision whether or not to grant the continuance, and notify the parties of the decision within three working days of receipt of the motion.
(4) In unusual circumstances, and only where the reason(s) for the continuance could not have been foreseen, a motion for continuance may be made when the party seeking the continuance becomes aware of the facts upon which the request for continuance is based. The following will apply:
(a) The requesting party shall notify the other party of the desire for a continuance and obtain the other party's response.
(b) The requesting party shall notify the board or board's hearings coordinator in writing of the request, the reason(s) for the request, and the opposing party's response to the request.
(c) The board or its designee shall review the request, make a decision whether or not to grant the continuance, and notify the parties of the decision as soon as possible.
(5) The opposing party may submit a written statement in opposition or support of the motion for continuance to the board and other parties upon receipt of the motion.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-102, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-102, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-12-102, filed 11/1/88.]
WAC 251-12-103 Dismissal by the board for lack of action. (1) In all appeals assigned for hearing before the board's designee or assigned for investigation by the director where there has been no action by the parties during the preceding three months, the director or designee shall mail notice to the appellant or his/her representative and the institution that the appeal will be dismissed by the board for want of prosecution unless within thirty days following the date of service of the notice a written request is made to the board and good cause is shown why it should be continued as a pending case.
(2) If no request is made, the matter will be brought before the board for dismissal at the next regularly scheduled board meeting.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-12-103, filed 11/1/88.]
WAC 251-12-104 Prehearing procedures--Exhibits. (1) At any hearing before the board when exhibits of a documentary character are offered into evidence, the party offering the exhibit shall provide a minimum of six copies: One each for the opposing parties, for the board members, for the court reporter, if any, and for the board's official file.
(2) The parties shall arrive at the hearing location at least thirty minutes before the time scheduled for the hearing for the purpose of exchanging copies of exhibits to be introduced. The parties shall pre-mark their exhibits for identification and present copies to other parties and the board's staff prior to commencement of the hearing.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-104, filed 9/10/98, effective 10/12/98; 96-09-055, § 251-12-104, filed 4/12/96, effective 6/1/96.]
WAC 251-12-105 Scheduling of hearings. Prior to scheduling the hearing, the hearings coordinator will give the parties an opportunity to indicate preferred dates and amount of time allotted of the hearing. The hearings coordinator shall schedule all hearings before the board with written notice, specifying the time, place, and length of the hearing. Notice of hearing shall be mailed not less than thirty calendar days prior to the date of the hearing, unless all parties agree to a shorter notice period. Primary and/or secondary hearings may be scheduled.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-105, filed 9/10/98, effective 10/12/98; 96-09-055, § 251-12-105, filed 4/12/96, effective 6/1/96.]
WAC 251-12-106 Withdrawals--Default at hearings. (1) Withdrawals requested by the grievant/petitioner or representative shall be filed with the board and each opposing party, in writing, no later than seven calendar days prior to the hearing date. Under unusual circumstances, the board may consider the request for withdrawal at a shorter time than the required seven calendar days.
(2) If a party fails to attend or participate in a hearing or other stage of a proceeding, the board may serve upon all parties a default or dismissal order which shall include a statement of the grounds for the order. Within seven calendar days after service of a default or dismissal order for failure to attend or participate, the party against whom it was entered may file a written motion requesting that the order be vacated, and stating the grounds relied upon.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-106, filed 4/12/96, effective 6/1/96.]
WAC 251-12-110 Appearance and practice before the board. Appellants shall have the right to represent themselves in all types of hearings before the board. In addition appellants or institutions may be represented by a party of their choosing, except that no person may represent an appellant or institution in hearings of demotion, reduction in salary, suspension, separation, dismissal, layoff, or refusal to reinstate after presumption of resignation other than the following:
(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.
(2) Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if the attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by Washington state law.
(3) Authorized legal interns, when accompanied by their qualified supervising attorney.
[Statutory Authority: RCW 28B.16.100. 84-16-067 (Order 119), § 251-12-110, filed 7/31/84; 80-16-009 (Order 86), § 251-12-110, filed 10/27/80, effective 12/1/80; Order 61, § 251-12-110, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-110, filed 9/15/69.]
WAC 251-12-120 Standards of ethical conduct. All persons appearing in proceedings before the board in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Washington. If any such person does not conform to these standards, the board may decline to permit him/her to appear in a representative capacity in proceedings before the board.
[Order 61, § 251-12-120, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-120, filed 9/15/69.]
WAC 251-12-140 Service of papers. In matters of appeal the board shall cause to be served all orders, notices, and other papers issued by it. Every other paper shall be served by the party filing the notice, document or paper. All notices, documents, or papers served by either the board or any other party shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel.
[Order 61, § 251-12-140, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-140, filed 9/15/69.]
WAC 251-12-170 Subpoenas--Form. Every subpoena shall name the board and the title of the proceeding, if any, and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or records under his/her control at a specified time and place, and shall as nearly as practicable follow the form required in superior court.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-170, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-170, filed 8/30/77, effective 10/1/77; Order 9, § 251-12-170, filed 10/15/71; Order 1, § 251-12-170, filed 9/15/69.]
WAC 251-12-180 Subpoenas--Issuance to parties. Subpoenas may be issued by any member of the board, or its designee, or by the attorney of record of the party to the hearing in whose behalf the witness is required to appear, and shall be subscribed by the signature of the issuing person. Parties desiring subpoenas which are to be signed by members of the board or its designee shall submit a written request to the board or its designee. Requests for subpoenas must be submitted at least ten calendar days prior to the hearing. The board or designee may allow less than ten calendar days under unusual circumstances. Parties requesting subpoenas shall make arrangements for service. The service of all subpoenas shall be at the expense of the party requiring the witness to appear.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-180, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-180, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-180, filed 8/30/77, effective 10/1/77; Order 33, § 251-12-180, filed 6/18/74; Order 9, § 251-12-180, filed 10/15/71; Order 1, § 251-12-180, filed 9/15/69.]
WAC 251-12-190 Subpoenas--Service of subpoena. Service of subpoena shall be made by delivering a copy of the subpoena a reasonable period ahead of time to such person and by tendering, on demand, the fees for one day's attendance and the mileage allowed by law.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-190, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-190, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-190, filed 9/15/69.]
WAC 251-12-200 Subpoenas--Witness fees. Witnesses summoned before the board shall be paid the same fees and mileage paid to witnesses in the superior court of the state of Washington by the party at whose instance they appear. The board shall be responsible only for paying the witness fees of witnesses subpoenaed by it.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-200, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-200, filed 8/30/77, effective 10/1/77; Order 9, § 251-12-200, filed 10/15/71; Order 1, § 251-12-200, filed 9/15/69.]
WAC 251-12-210 Subpoenas--Proof of service. The person serving the subpoena shall make proof of service by filing the original subpoena. If such service has not been acknowledged by the witness, such person shall make an affidavit of service. Failure to make proof of service does not affect the validity of the service.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-210, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-210, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-210, filed 9/15/69.]
WAC 251-12-220 Subpoenas--Quashing. Upon motion promptly made by a party or by the person to whom the subpoena is directed (and upon notice to the party who issued the subpoena), the board may:
(1) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or
(2) Condition denial of the motion upon just and reasonable conditions.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-220, filed 9/10/98, effective 10/12/98; Order 61, § 251-12-220, filed 8/30/77, effective 10/1/77; Order 33, § 251-12-220, filed 6/18/74; Order 1, § 251-12-220, filed 9/15/69.]
WAC 251-12-230 Discovery--Depositions--Interrogatories. Attorneys of record for a party to a hearing may use discovery procedures in a manner consistent with the civil rules for the superior courts of the state of Washington, or the members of the board may issue orders for discovery upon petition of the party desiring discovery. Any motions, challenges or objections concerning discovery shall be ruled upon by the board or its designee.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-230, filed 9/10/98, effective 10/12/98; Order 61, § 251-12-230, filed 8/30/77, effective 10/1/77; Order 33, § 251-12-230, filed 6/18/74; Order 1, § 251-12-230, filed 9/15/69.]
WAC 251-12-231 Informal settlements. (1) If settlement of an appeal may be accomplished by informal negotiation, negotiations shall be commenced at the earliest possible stage of the proceeding. Settlement shall be concluded by one of the following:
(a) Stipulation of the parties;
(b) Withdrawal by the appellant of his or her appeal; or
(c) Withdrawal by the institution of the action which is the subject matter of the appeal.
(2) Settlement negotiations shall be informal and without prejudice to the rights of a participant in the negotiations; provided, however, that any time limit applicable to filing an appeal shall not be extended because settlement attempts are pending.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-231, filed 10/24/89, effective 12/1/89.]
WAC 251-12-232 Prehearing conference. (1) The board or its designee may direct the parties or their representatives to engage in an informal prehearing conference(s) to consider the following:
(a) Statement of issue;
(b) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;
(c) Discovery, discovery methods and discovery deadlines;
(d) The number of witnesses expected to be called and their names when possible;
(e) The approximate time necessary for presentation of the evidence of the respective parties;
(f) Whether or when motions may be brought;
(g) Exhibits;
(h) Affidavits;
(i) Scheduling the hearing before the board; and
(j) Such other matters as may aid in the prompt disposition of the petition.
(2) Prehearing conferences may be held by telephone conference call or at a time and place mutually agreed upon by the parties.
(3) The parties are encouraged where possible to resolve their disputes. To facilitate such resolution, the board or its designee may recess the conference at any time to give the parties time to discuss settlement. In the event settlement is reached, the grievant/petitioner or representative shall sign a request to withdraw the petition.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-232, filed 9/10/98, effective 10/12/98; 96-09-055, § 251-12-232, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-232, filed 10/24/89, effective 12/1/89.]
WAC 251-12-240 Burden of proof. (1) The institution shall have the burden of proof at any hearing on appeal from a layoff, demotion, suspension, reduction in salary, separation (except for voluntary resignation or retirement), or dismissal.
(2) The appellant and/or the appellant's representative shall have the burden of proof in all other matters on appeal, including, but not limited to appeals from allocation.
(3) The party filing the exceptions shall have the burden of proof of demonstrating that the recommended decision or determination is in error at any hearing on exceptions.
[Statutory Authority: RCW 28B.16.100. 93-06-033, § 251-12-240, filed 2/23/93, effective 4/1/93; 88-02-017 (Order 164), § 251-12-240, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), § 251-12-240, filed 1/2/87, effective 2/1/87; 84-16-067 (Order 119), § 251-12-240, filed 7/31/84; 81-18-039 (Order 90), § 251-12-240, filed 8/28/81, effective 10/1/81; 78-06-068 (Order 68), § 251-12-240, filed 5/25/78, effective 7/1/78; Order 61, § 251-12-240, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-240, filed 9/15/69.]
WAC 251-12-250 Findings of fact--Conclusions of law--Filing procedure. Within thirty calendar days after the conclusion of the appeal hearing, the board shall make and fully record in its permanent records, findings of fact, conclusions of law, and its order based thereon, which shall be final subject to action by the court on appeal as hereinafter provided; at the same time a copy of the findings, conclusions and order shall be sent by registered mail to the employing institution and to the employee at his/her address as given at the hearing or to his/her counsel of record.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-250, filed 10/24/89, effective 12/1/89; Order 61, § 251-12-250, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-250, filed 9/15/69.]
WAC 251-12-260 Restoration of rights. (1) Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits including back pay, sick leave, vacation leave accrual, retirement and OASDI credits.
(2) In instances of immediate dismissal as provided in WAC 251-11-070 where the institution is unable to justify under appeal the immediacy of the dismissal but the dismissal action itself is upheld, the employee's entitlement to recovery shall not exceed the fifteen calendar day period which would have served as the notice period had the dismissal been processed as provided in WAC 251-11-050. In instances where the personnel appeals board does not uphold the dismissal action but deems a suspension to have been warranted, the employee may be reinstated and a suspension ordered of up to fifteen calendar days.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-260, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 89-01-071 (Order 175), § 251-12-260, filed 12/20/88, effective 2/1/89; 83-20-020 (Order 108), § 251-12-260, filed 9/23/83, effective 10/24/83; Order 61, § 251-12-260, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-260, filed 9/15/69.]
WAC 251-12-500 Relief from effect of board's order. (1) Employees who incur loss of position, seniority, salary or otherwise are caused to suffer directly by action of the board pursuant to rules set forth in chapters 251-17, 251-18, and 251-19 WAC may be considered to be aggrieved if the employee did not participate in the conditions as contributing to rules violation. Aggrieved employees may be provided by order of the board, such benefits as:
(a) Permanent status when qualified by examination;
(b) Salary maintenance or adjustment;
(c) Seniority as appropriate;
(d) Accrual of benefits.
(2) Upon receipt of written request for consideration from an employee, or upon initiation by the director, such action may be instituted as is required to provide appropriate relief under the rules for aggrieved employees when the employee is reduced in position or salary, laid off, or is otherwise caused to suffer as an indirect result of an order of the board and the employee was not a party to willful disregard of the rules. Such written request from the employee must be received within thirty calendar days of the action unless an extension in time is requested by the personnel officer.
(3) The director shall notify interested parties in writing of any recommended action and such order shall be binding unless a request for review is received by the board as provided in subsection (4) of this section.
(4) Request for board review of the action of the director must be made in writing by the employee, his/her representative, or the institution within fifteen calendar days of the mailing of such notice and must contain the reasons for such review. Within thirty calendar days of receipt of the notice the board will issue its ruling either affirming or modifying the director's action. The board's order shall be final and binding.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-12-500, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), § 251-12-500, filed 12/30/87, effective 2/1/88; Order 61, § 251-12-500, filed 8/30/77, effective 10/1/77; Order 29, § 251-12-500, filed 1/22/74.]
WAC 251-12-600 Remedial action. (1) The director may take remedial action when it is determined that the following conditions exist.
(a) The hiring institution has made an appointment that does not comply with higher education personnel rules.
(b) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (These hours do not include overtime or work time as described in WAC 251-04-040(3).)
(c) The position or positions are subject to civil service.
(d) The employee has not taken part in any willful failure to comply with these rules.
(2) Remedial action includes the power to confer permanent status, set salary, establish seniority, and determine benefits accrued from the seniority date. Remedial action also includes other actions the director may require to meet the highest personnel standards.
(3) If the institution has complied with WAC 251-19-122, the employee must:
(a) Submit any request for remedial action in writing; and
(b) File the request within thirty calendar days after the effective date of the alleged violation of the conditions of employment which are to be specified in the written notification of temporary appointment.
(4) The director's order for remedial action shall be final and binding unless exceptions are filed with the personnel appeals board within thirty calendar days of the date of service of the order. Exceptions must state the specific items of the order to which exception is taken. The personnel appeals board will review the exceptions and may hold a hearing prior to modifying or affirming the director's order.
[Statutory Authority: RCW 41.06.150. 01-11-112, § 251-12-600, filed 5/22/01, effective 7/1/01; 98-19-035, § 251-12-600, filed 9/10/98, effective 10/12/98; 97-13-045, § 251-12-600, filed 6/13/97, effective 8/1/97. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, § 251-12-600, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-12-600, filed 6/21/89, effective 10/1/89; 88-22-057 (Order 174), § 251-12-600, filed 11/1/88; 81-24-019 (Order 92) § 251-12-600, filed 11/24/81, effective 1/1/82; 79-03-029 (Order 71), § 251-12-600, filed 2/27/79, effective 4/2/79; Order 61, § 251-12-600, filed 8/30/77, effective 10/1/77.]