WAC
356-37-010 Board hearings--Procedure--Record.
356-37-020 Prehearing procedures--Exhibits.
356-37-030 Filing of prehearing statements.
356-37-040 Scheduling of hearings.
356-37-050 Hearings--Motion for continuance--Procedure.
356-37-060 Appearance by former officer or employee of the board.
356-37-070 Ethical conduct before the board.
356-37-080 Service of process.
356-37-090 Computation of time.
356-37-100 Subpoenas--Issuance--Content--Service.
356-37-110 Witness fees.
356-37-120 Proof of subpoena service.
356-37-130 Quashing.
356-37-140 Orders for discovery.
356-37-150 Proof of charges.
356-37-160 Prehearing conference.
356-37-170 Withdrawals--Default at hearings.
WAC 356-37-010 Board hearings--Procedure--Record. (1) Hearings before the board 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 appellant so requests. Hearings shall be informal with technical rules of evidence not applying to the proceedings, except for the rules of privilege recognized by law.
(2) Hearings may be conducted by only two members of the board, provided that if the two members cannot agree on a decision, a second hearing may be held in the presence of all three members of the board or the third member may review the record and participate in the decision.
(3) All parties may present and cross-examine witnesses, and give evidence before the board.
(4) The board may, and shall at the request of either party, issue subpoenas duces tecum. All testimony shall be on oath administered by a member of the board.
(5) The board shall keep an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-37-010, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-010, filed 3/20/90, effective 5/1/90.]
WAC 356-37-020 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. 98-19-034, § 356-37-020, filed 9/10/98, effective 10/12/98; 96-07-093, § 356-37-020, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-020, filed 3/20/90, effective 5/1/90.]
WAC 356-37-030 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. 98-19-034, § 356-37-030, filed 9/10/98, effective 10/12/98; 96-07-093, § 356-37-030, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-030, filed 3/20/90, effective 5/1/90.]
WAC 356-37-040 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 for 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. 98-19-034, § 356-37-040, filed 9/10/98, effective 10/12/98; 96-07-093, § 356-37-040, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-040, filed 3/20/90, effective 5/1/90.]
WAC 356-37-050 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. 96-07-093, § 356-37-050, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-050, filed 3/20/90, effective 5/1/90.]
WAC 356-37-060 Appearance by former officer or employee of the board. No person who has served as an officer or employee of the board shall, within a period of two years after the termination of such service or employment, appear before the board or receive compensation for any services rendered on behalf of any person, firm, corporation, or association in relation to any case, proceeding, or application with respect to which such person was directly concerned and in which he personally participated during the period of his service or employment.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-060, filed 3/20/90, effective 5/1/90.]
WAC 356-37-070 Ethical conduct before the board. 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 such person to appear in a representative capacity.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-37-070, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-070, filed 3/20/90, effective 5/1/90.]
WAC 356-37-080 Service of process. (1) The board shall cause to be served all orders, notices, and other papers issued by the board, together with any other papers which the board is required by law to serve. Every other paper shall be served by the party filing the notice, document or paper.
(2) 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. Service of papers shall be made either personally or by first class, certified mail, or by electronic telefacsimile transmission and same-day mailing of copies. Correspondence between the board and state agencies or institutions may be sent via the state mail service.
(3) Service upon parties shall be regarded as complete when personal service has been accomplished; or by mail upon deposit, properly stamped and addressed. Service by electronic telefacsimile transmission shall be regarded as complete upon production by the telefacsimile device of confirmation of transmission.
(4) When actual receipt is specified by rule, service upon the board shall be regarded as complete when the papers are actually received in the office of the director of personnel. Service by electronic telefacsimile transmission shall be regarded as complete upon production by the telefacsimile device of confirmation of transmission. Filing at the department of personnel is only available between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding designated holidays. When actual receipt is not specified by rule, service by mail is complete when postmarked.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-37-080, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 94-08-024, § 356-37-080, filed 3/29/94, effective 5/1/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-080, filed 3/20/90, effective 5/1/90.]
WAC 356-37-090 Computation of time. Periods of notice or periods of time within which acts are to be completed, as prescribed or allowed by these rules or by order of the board, shall be computed by excluding the first and including the last day unless specifically provided in these rules to the contrary. If the last day is a Saturday, Sunday or holiday, the act must be completed on the next business day, unless a period of notice is being computed and such Saturday, Sunday or holiday is a regularly scheduled workday for the employee. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 94-08-024, § 356-37-090, filed 3/29/94, effective 5/1/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-090, filed 3/20/90, effective 5/1/90.]
WAC 356-37-100 Subpoenas--Issuance--Content--Service. (1) 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 the members of the board or its designee shall submit a written request to the board or its designee at least ten calendar days prior to the hearing. The board or designee may allow less than ten calendar days under unusual circumstances.
(2) Every subpoena shall name the board and the title of the proceedings, if any, and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under his/her control at a specified time and place.
(3) Parties requesting subpoenas shall make arrangements for service. Service of subpoena shall be made by delivering a copy of the subpoena to such person and by paying on demand, where entitled to make such a demand, the fees for one day's attendance and the mileage allowed by law.
[Statutory Authority: RCW 41.06.150. 96-07-093, § 356-37-100, filed 3/20/96, effective 5/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-100, filed 3/20/90, effective 5/1/90.]
WAC 356-37-110 Witness fees. Witnesses summoned before the board shall be paid by the party at whose instance they appear the same fees and mileage that are paid to witnesses in the superior courts of the state of Washington. State employees who remain in pay status shall be compensated for travel only.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-110, filed 3/20/90, effective 5/1/90.]
WAC 356-37-120 Proof of subpoena service. The person serving the subpoena shall make proof of service by filing the subpoena and 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 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-120, filed 3/20/90, effective 5/1/90.]
WAC 356-37-130 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. 98-19-034, § 356-37-130, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-130, filed 3/20/90, effective 5/1/90.]
WAC 356-37-140 Orders for discovery. The board may issue orders for discovery by analogy to the superior court rules or the requirements of justice.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-37-140, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-140, filed 3/20/90, effective 5/1/90.]
WAC 356-37-150 Proof of charges. At any hearing before the board, the party seeking relief or filing charges shall have the burden of proof.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-37-150, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-07-057 (Order 342), § 356-37-150, filed 3/20/90, effective 5/1/90.]
WAC 356-37-160 Prehearing conference. (1) The board or its designee may direct the parties or their representatives to engage in an informal prehearing conference(s) to address 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. 98-19-034, § 356-37-160, filed 9/10/98, effective 10/12/98; 96-07-093, § 356-37-160, filed 3/20/96, effective 5/1/96.]
WAC 356-37-170 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. 96-07-093, § 356-37-170, filed 3/20/96, effective 5/1/96.]