reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-115 - Procedures at hearings

Current through Register Vol. 24-14, July 15, 2024
(1)
Industrial appeals judge.
All hearings shall be conducted by an
			 industrial appeals judge who shall conduct the hearing in an orderly manner and
			 rule on all procedural matters, objections and motions.
(2)
Order of presentation of
			 evidence.
(a) In any appeal under
			 either the Industrial Insurance Act, the Worker and Community Right to Know
			 Act, or the Crime Victims Compensation Act, the appealing party shall initially
			 introduce all evidence in his or her case-in-chief except that in an appeal
			 from an order of the department that alleges fraud or willful misrepresentation
			 the department or self-insured employer shall initially introduce all evidence
			 in its case-in-chief.
(b) In all
			 appeals subject to the provisions of the Washington Industrial Safety and
			 Health Act, the department shall initially introduce all evidence in its
			 case-in-chief.
(c) After the party
			 with the initial burden has presented his or her case-in-chief, the other
			 parties may then introduce the evidence necessary to their cases-in-chief. In
			 the event there is more than one other party, they may either present their
			 cases-in-chief successively or may join in their presentation. Rebuttal
			 evidence shall be received in the same order. Witnesses may be called out of
			 turn in contravention of this rule only by agreement of all parties.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-116 - Exhibits

Current through Register Vol. 24-14, July 15, 2024
(1) Tangible
			 exhibits shall be submitted on paper 8 1/2" x 11" in size. A larger version may
			 be shown to the judge or witness for purpose of demonstration and a smaller
			 version marked and offered as the exhibit.
(2) Electronic exhibits containing documents,
			 pictures, audio, video, or other electronic material may be submitted on a CD,
			 DVD, flash drive, or similar device, subject to the following conditions:
(a) The party seeking to present the
			 audio/video/electronic material at a hearing must provide the appropriate
			 equipment for hearing/viewing the material.
(b) If the party submitting the material for
			 presentation at a hearing does not provide the equipment needed, the material
			 will not be heard or viewed during the hearing, but the exhibit may be marked
			 into evidence and ruling reserved.
(c) A media exhibit must be in MP4 (MPEG-4
			 Part 14) format or other industry format specified on the BIIA web
			 site.
(d) Documents and pictures
			 must be submitted in a pdf format.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-117 - Perpetuation depositions

Current through Register Vol. 24-14, July 15, 2024
(1)
Evidence by deposition.
The industrial appeals judge may permit or
			 require the perpetuation of testimony by deposition, subject to the applicable
			 provisions of WAC 263-12-115. Such ruling may only be given after the
			 industrial appeals judge gives due consideration to:
(a) The complexity of the issues raised by
			 the appeal;
(b) The desirability of
			 having the witness's testimony presented at a hearing;
(c) The costs incurred by the parties in
			 complying with the ruling; and
(d)
			 The fairness to the parties in complying with the ruling.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-118 - Motions

Current through Register Vol. 24-14, July 15, 2024
(1)
Definition.
A party's
			 written or oral request for the board to take action on a pending appeal is a
			 "motion." Motions must be in writing unless made during a hearing before an
			 industrial appeals judge. The board recognizes that there are two basic
			 categories of motions:
(a)
Nondispositive motions.
Nondispositive motions include procedural
			 motions, such as motions for a continuance, an extension of time, or to reopen
			 the record; and discovery motions, such as motions
in limine
or motions to compel or request sanctions.
(b)
Dispositive motions.
Dispositive motions ask for a decision on one or more of the issues in an
			 appeal or to dismiss the appeal. Examples of dispositive motions are motions to
			 dismiss or motions for summary judgment. See WAC 263-12-11801.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-11801 - Motions that are dispositive-Motion to dismiss; motion for summary judgment; voluntary dismissal

Current through Register Vol. 24-14, July 15, 2024
(1)
Motion to dismiss.
(a)
General.
A party may move to dismiss another party's appeal on the
			 asserted basis that the notice of appeal fails to state a claim on which the
			 board may grant relief. The board will consider the standards applicable to a
			 motion made under CR 12(b)(6) of the Washington superior court's civil rules.
			 Examples of other grounds for a motion to dismiss include, but are not limited
			 to, a lack of jurisdiction, failure to present evidence when due, and failure
			 to present a prima facie case.
(b)
Time for filing motion to dismiss.
A motion to dismiss for lack of
			 jurisdiction should be filed as early as possible to avoid unnecessary
			 litigation. In all cases other than appeals under the Washington Industrial
			 Safety and Health Act, a motion to dismiss for failure to present evidence when
			 due may be made if the appealing party fails to appear at an evidentiary
			 hearing held pursuant to due and proper notice. A motion to dismiss for failure
			 to present a prima facie case may be made at any time prior to closure of the
			 record.
(c)
Response.
A party who opposes a written motion to dismiss may file a response within ten
			 days after service of the motion, or at such other time as may be set by the
			 industrial appeals judge. The industrial appeals judge may allow oral
			 argument.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-11802 - Employer's motion for a stay of the order on appeal

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
Any employer may
			 move for a stay of the department order on appeal, in whole or in part, as
			 provided in
			 RCW
			  51.52.050(2)(b). The board
			 will grant the motion to stay if the moving party demonstrates that it is more
			 likely than not to prevail on the facts as they existed at the time of the
			 order on appeal.
(2)
Time for
			 filing.
As set forth in
			 RCW
			  51.52.050(2)(b), a motion
			 filed by the employer for a stay of benefits pursuant to
			 RCW
			  51.52.050 must be filed within fifteen days
			 of the board order granting the appeal.
(3)
Motion must be filed
			 separately.
An employer must file a motion for a stay of the order on
			 appeal separately from any pleading or other communication with the board and
			 must note "MOTION FOR STAY OF BENEFITS" prominently on the first page of the
			 motion.
(4)
Expedited
			 review.
The board will conduct an expedited review of the department
			 claim file as it existed on the date of the department order on appeal. The
			 board will issue a final decision on the motion for stay of benefits within
			 twenty-five days of the filing of the motion for stay or the order granting
			 appeal, whichever is later.
(5)
Appeal to superior court.
The board's final decision on the motion
			 for stay of benefits may be appealed to superior court in accordance with
			 RCW
			  51.52.110.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-120 - Additional evidence by industrial appeals judge

Current through Register Vol. 24-14, July 15, 2024
The industrial appeals judge may, when all parties have rested,
				present such evidence, in addition to that presented by the parties, as deemed
				necessary to decide the appeal fairly and equitably, and in the exercise of
				this power, a physical, mental or vocational examination or evaluation of a
				worker by one or more medical or vocational experts may be ordered to be
				conducted at the board's expense. Any such evidence secured and presented by
				the industrial appeals judge shall be presented in an impartial manner, and
				shall be received subject to full opportunity for cross-examination by all
				parties. If a party desires to present rebuttal evidence to any evidence so
				presented by the industrial appeals judge, the party shall make application
				immediately following the conclusion of such evidence.
Statutory Authority:
				  RCW
				  51.52.020. 00-23-021, §
										263-12-120, filed 11/7/00,
				  effective 12/8/00. Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-120, filed 12/2/82.
				  Statutory Authority:
				  RCW
				  51.52.020. 82-03-031 (Order 11), §
										263-12-120, filed 1/18/82; Order
				  4, §
										263-12-120, filed 6/9/72; General
				  Order 3, Rule 7.6, filed 10/29/65; General Order 2, Rule 7.5, filed 6/12/63.
				  Formerly WAC 296-12-120.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-125 - Applicability of court rules

Current through Register Vol. 24-14, July 15, 2024
Insofar as applicable, and not in conflict with these rules,
				the statutes and rules regarding procedures in civil cases in the superior
				courts of this state shall be followed.
Statutory Authority:
				  RCW
				  51.52.020. 91-13-038, §
										263-12-125, filed 6/14/91,
				  effective 7/15/91. Statutory Authority:
				  RCW
				   51.52.104,
				  51.52.020 and chapters 51.48 and
				  42.17 RCW. 86-03-021 (Order 20), §
										263-12-125, filed 1/10/86.
				  Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-125, filed 12/2/82.
				  Statutory Authority:
				  RCW
				  51.52.020. 82-03-031 (Order 11), §
										263-12-125, filed 1/18/82; Order
				  4, §
										263-12-125, filed
				  6/9/72.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-135 - Record

Current through Register Vol. 24-14, July 15, 2024
The record in any contested case shall consist of the order of
				the department, the notice of appeal therefrom, all orders issued by the board
				(including litigation orders and judge's report of proceeding), responsive
				pleadings, if any, and notices of appearances, and any other written
				applications, motions, stipulations or requests duly filed by any party. Such
				record shall also include all depositions, the transcript of testimony and
				other proceedings at the hearing, together with all exhibits offered. No part
				of the department's record or other documents shall be made part of the record
				of the board unless offered in evidence.
The record in any appeal disposed of by order denying appeal or
				order granting relief on the record as provided in
				RCW
				 51.52.080, shall include those documents
				found in the department record that are relevant to the board's
				disposition.
Statutory Authority:
				  RCW
				  51.52.020. 08-01-081, §
										263-12-135, filed 12/17/07,
				  effective 1/17/08; 00-23-021, §
										263-12-135, filed 11/7/00,
				  effective 12/8/00; Order 4, §
										263-12-135, filed 6/9/72; Rule
				  8.2, filed 6/12/63; Rule 6.2, filed 3/23/60, amended by General Order 3, Rule
				  8.2, filed 10/29/65. Formerly WAC
				  296-12-135.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-140 - Proposed decisions and orders

Current through Register Vol. 24-14, July 15, 2024
Upon completion of the record an industrial appeals judge shall
				enter a proposed decision and order which shall be in writing and contain
				findings of fact and conclusions of law as to each contested issue of fact and
				law, as well as the order based thereon. Copies of the proposed decision and
				order shall be mailed to each party to the appeal and to his or her attorney or
				representative of record.
Statutory Authority:
				  RCW
				  51.52.020. 00-23-021, §
										263-12-140, filed 11/7/00,
				  effective 12/8/00; 95-02-065, §
										263-12-140, filed 1/3/95,
				  effective 2/3/95. Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-140, filed 12/2/82; Order
				  4, §
										263-12-140, filed 6/9/72; Rule
				  8.3, filed 6/12/63. Formerly WAC
				  296-12-140.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-145 - Petition for review

Current through Register Vol. 24-14, July 15, 2024
(1) Within
			 twenty days from the date of communication of the proposed decision and order
			 to the parties or their representatives of record, any aggrieved party may file
			 with the board a written petition for review. When a petition for review is
			 filed, the failure of any party not aggrieved by the proposed decision and
			 order to file a petition for review shall not be deemed a waiver by such party
			 of any objections or irregularities disclosed by the record.
(2)
A petition for review must be filed
			 separately.
A petition for review must be filed separately from any
			 other pleading or communication with the board and must note "PETITION FOR
			 REVIEW" prominently on the first page of the submission.
(3)
Extensions of time.
(a) The board may extend the time for filing
			 a petition for review upon written request of a party filed within twenty days
			 from the date of communication of the proposed decision and order to the
			 parties or their representatives of record. Such extension of time, if granted,
			 will apply to all parties to the appeal. Further extensions of time beyond any
			 initial extension may be allowed only if an application for further extension
			 is filed within twenty days from the date of communication of the proposed
			 decision and order to the parties or their representatives of record or the
			 board, on its own motion or at the request of a party, acts to further extend
			 the time for filing a petition for review before the prior extended time for
			 filing a petition for review has expired.
(b) A request for translation of a proposed
			 decision and order by an unrepresented limited-English proficient party will be
			 treated as a request for extension of time. When the board receives and mails
			 the translated proposed decision and order, the board will also extend the time
			 for filing a petition for review for all parties for an additional thirty days.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-150 - Finality of proposed decisions and orders

Current through Register Vol. 24-14, July 15, 2024
(1) Where no petition for review is filed. In
			 the event no petition for review is filed as provided herein by any party, the
			 proposed decision and order of the industrial appeals judge shall be adopted by
			 the board and become the decision and order of the board, and no appeal may be
			 taken therefrom to the courts.
(2)
			 Proposed decision and order deemed adopted without formal action. If an order
			 adopting the proposed decision and order is not formally signed by the board on
			 the day following the date the petition for review of the proposed decision and
			 order is due, said proposed decision and order shall be deemed adopted by the
			 board and become the decision and order of the board, and no appeal may be
			 taken therefrom to the courts.
(3)
			 Order adopting proposed decision and order -- delay in mailing to parties. To
			 permit adequate time for postal delivery of petitions for review or requests
			 for extension of time to file petitions for review which have been filed by
			 mail pursuant to
			 RCW
			  51.52.104 and WAC
			 263-12-01501(b)(ii),
			 the board will delay the mailing of its order adopting the proposed decision
			 and order to all parties until three days after the date the petition is due.
			 Notwithstanding the date of mailing of the order adopting the proposed decision
			 and order, such order shall be effective immediately following the last day
			 permitted for filing a petition for review.
(4) Setting aside final order due to delayed
			 postal delivery. If, after entry or mailing of the order adopting proposed
			 decision and order, a petition for review or a request for extension of time to
			 file a petition for review is received which bears evidence of mailing within
			 the time permitted for filing such petition or request for extension, the board
			 will set aside the order adopting the proposed decision and order and consider
			 the petition or request for extension as one timely filed.
Statutory Authority:
				  RCW
				  51.52.020. 03-02-038, §
										263-12-150, filed 12/24/02,
				  effective 1/24/03; 91-13-038, §
										263-12-150, filed 6/14/91,
				  effective 7/15/91. Statutory Authority:
				  RCW
				   51.52.104,
				  51.52.020 and chapters 51.48 and
				  42.17 RCW. 86-03-021 (Order 20), §
										263-12-150, filed 1/10/86.
				  Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-150, filed 12/2/82; Order
				  4, §
										263-12-150, filed 6/9/72; Rule
				  8.5, filed 6/12/63. Formerly WAC
				  296-12-150.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-155 - Final decisions and orders after review

Current through Register Vol. 24-14, July 15, 2024
In those cases where a petition for review is granted, the
				record before the board shall be considered by a panel of at least two of the
				members of the board, on which not more than one industry and one labor member
				serve. The chairperson may be a member of any panel. The decision and order of
				any such panel shall be the decision and order of the board. Every final
				decision and order rendered by the board shall be in writing and shall contain
				findings and conclusions as to each contested issue of fact and law, as well as
				the board's order based thereon. The board shall in all cases render a final
				decision and order within one hundred and eighty days from the date a petition
				for review is filed. A copy of the decision and order, including the findings
				and conclusions, shall be mailed to each party to the appeal and to his or her
				attorney or representative of record.
Statutory Authority:
				  RCW
				  51.52.020. 95-02-065, §
										263-12-155, filed 1/3/95,
				  effective 2/3/95; Order 9, §
										263-12-155, filed 8/8/75; Order
				  4, §
										263-12-155, filed 6/9/72; General
				  Order 3, Rule 8.6, filed 10/29/65; General Order 2, Rule 8.6, filed 6/12/63;
				  General Order 1, Rule 6.2, filed 3/23/60. Formerly WAC
				  296-12-155.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-156 - Board review of final order

Current through Register Vol. 24-14, July 15, 2024
The board will consider motions to reconsider and motions to
				vacate final board orders. The procedure for review of final orders is as
				defined in CR 59 and CR 60 of the Washington court rules except that hearings
				on the motion will be held solely at the discretion of the board. After receipt
				of the motion the board will acknowledge receipt of the motion and direct the
				time frames for opposing parties to respond to the motion and for the moving
				party to reply.
Statutory Authority:
				  RCW
				  51.52.020. 03-02-038, §
										263-12-156, filed 12/24/02,
				  effective 1/24/03.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-165 - Attorney's fees

Current through Register Vol. 24-14, July 15, 2024
(1)
Applications for attorney's fees.
(a) For the fixing of attorney fees as
			 provided by
			 RCW
			  51.52.120, the board shall fix a reasonable
			 attorney fee to be paid by the worker, crime victim or beneficiary for services
			 rendered before the board, or before the department in a claim resolution
			 settlement agreement, if written application therefor is made by the attorney,
			 worker, crime victim or beneficiary, within one year after the board's final
			 decision and order, or approval of the claim resolution settlement agreement,
			 is communicated to the party making the application. If such application for
			 fixing of a fee is made by the attorney, it shall set forth therein the
			 monetary amount which the attorney considers reasonable for all services
			 rendered before the board in an appeal, or before the department in a claim
			 resolution settlement agreement, and the justification supporting the requested
			 fee. The board shall afford to all parties affected a minimum of 10 days in
			 which to submit comments and material information which may be helpful to the
			 board in setting a fair and reasonable fee.
(b) For the ordered payment of attorney fees
			 as provided by
			 RCW
			  51.32.185 and
			 51.32.187,
			 the board shall set the attorney fee in a manner consistent with applicable
			 provisions of subsections (2) and (3) of this section.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-170 - Appeals to superior court-Certification of record

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a copy of notice of appeal to superior court
				from a board order, served upon the board by the appealing party pursuant to
				RCW
				 51.52.110,
				7.68.110,
				51.48.131,
				34.05.542 or
				49.17.150,
				the chief legal officer or his or her designee shall certify the record made
				before the board to the court pursuant to the provisions of
				RCW
				 51.52.110,
				7.68.110,
				51.48.131,
				34.05.566 or
				49.17.150.
				Copies of such record (except nonrepro-ducible exhibits) shall be furnished to
				all parties to the proceedings before the board.
Statutory Authority:
				  RCW
				   51.52.020. 91-13-038, §
										263-12-170, filed 6/14/91,
				  effective 7/15/91. Statutory Authority:
				  RCW
				   51.52.104,
				  51.52.020 and chapters 51.48 and
				  42.17 RCW. 86-03-021 (Order 20), §
										263-12-170, filed 1/10/86.
				  Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-170, filed 12/2/82; Order
				  7, §
										263-12-170, filed 4/4/75; Order
				  4, §
										263-12-170, filed 6/9/72; General
				  Order 2, Rules 10.1 and 10.2, filed 6/12/63; General Order 1, Rules 7.1 and
				  7.2, filed 3/23/60; Subsections (1) and (2), General Order 3, Rule 10.2, filed
				  10/29/65. Formerly WAC 296-12-170.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-171 - Appeals to superior court - Service of final court order or judgment on the board

Current through Register Vol. 24-14, July 15, 2024
In all cases in which a party has appealed to the superior
				court from a decision of the board, or from superior court to any appellate
				court, the prevailing party in such appeal shall promptly forward to the board
				a conformed copy of the final order, judgment or decision of the
				court.
Statutory Authority:
				  RCW
				  51.52.020. 91-13-038, §
										263-12-171, filed 6/14/91,
				  effective 7/15/91.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-175 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
The time within which any act shall be done, as provided by
				these rules, shall be computed by excluding the first day and including the
				last, unless the last day is a Saturday, Sunday, or legal state holiday, and
				then it is also excluded.
Statutory Authority:
				  RCW
				  51.52.020. 98-20-109, §
										263-12-175, filed 10/7/98,
				  effective 11/7/98; 82-03-031 (Order 11), §
										263-12-175, filed 1/18/82; Order
				  4, §
										263-12-175, filed 6/9/72; General
				  Order 2, Rule 11, filed 6/12/63. Formerly WAC
				  296-12-175.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-180 - Petitions for declaratory ruling

Current through Register Vol. 24-14, July 15, 2024
(1) Right to petition for declaratory ruling.
			 As prescribed by
			 RCW
			  34.05.240, any interested party may petition
			 the board for a declaratory ruling with regard to the board's policies,
			 procedures, and rules.
(2) Form of
			 petition. The form of the petition for a declaratory ruling shall generally
			 adhere to the following:
(a) On the first page
			 shall appear the wording "In the matter of the petition of (name of petitioning
			 party) for a declaratory ruling."
(b) The body of the petition shall be set out
			 in numbered paragraphs. The first paragraph shall state the name and address of
			 the petitioning party. The second paragraph shall state all rules or statutes
			 that may be brought into issue by the petition. Succeeding paragraphs shall set
			 out the facts relied upon in form similar to that applicable to complaints in
			 civil actions before the superior courts of this state. The concluding
			 paragraphs shall contain the relief sought by the petitioner. The petition
			 shall be signed by the petitioner or its representative and contain a statement
			 that the person signing the petition has read it and that to the best of his or
			 her knowledge or information and belief the contents thereof are
			 true.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-195 - Significant decisions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The board's publication "
Significant Decisions
," prepared
			 pursuant to
			 RCW
			  51.52.160, contains the decisions or orders
			 of the board which it considers to have an analysis or decision of substantial
			 importance to the board in carrying out its duties. Together with the indices
			 of decision maintained pursuant to WAC
			 263-12-016(4),
			 "
Significant Decisions
" shall serve as the index required by
			 RCW
			  42.56.070(5)(a) and
			 (b).
(2) The board selects the decisions or orders
			 to be included in "
Significant Decisions
" based on
			 recommendations from staff and the public. Generally, a decision or order is
			 considered "significant" only if it provides a legal analysis or interpretation
			 not found in existing case law, or applies settled law to unusual facts.
			 Decisions or orders may be included which demonstrate the application of a
			 settled legal principle to varying fact situations or which reflect the further
			 development of, or continued adherence to, a legal principle previously
			 recognized by the board. Nominations of decisions or orders for inclusion in
			 "
Significant Decisions
" should be submitted in writing to the
			 chief legal officer.
(3)
			 "
Significant Decisions
" consists of decisions and orders
			 identified as significant and headnotes summarizing the proposition or
			 propositions for which the board considers the decisions or orders
			 "significant." Indices are also provided to identify each decision or order by
			 name and by subject.
(4)
			 "
Significant Decisions
" and indices may be accessed at the
			 board's website,
www.biia.wa.gov
.
Statutory Authority:
				  RCW
				   51.52.020. 91-13-038, §
										263-12-195, filed 6/14/91,
				  effective 7/15/91.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-02 - Insurance commissioner's office - Generally › Section 284-02-010 - SHIBA

Current through Register Vol. 24-14, July 15, 2024
The OIC offers assistance statewide to consumers regarding
				health care insurance and health care access through its statewide health
				insurance benefits advisors (SHIBA) program. Volunteers are trained by OIC
				employees to provide counseling, education, and other assistance to residents
				of Washington. Information about SHIBA, including how to become a SHIBA
				volunteer, can be found on the OIC web site
www.insurance.wa.gov
.
Statutory Authority:
				  RCW
				  48.02.060 and
				  34.05.220. 12-11-022 (Matter No. R
				  2012-01), §
										284-02-010, filed 5/7/12,
				  effective 6/7/12. Statutory Authority:
				  RCW
				   48.02.060(3)(a) and
				  48.17.010(5).
				  11-01-159 (Matter No. R 2010-09), §
										284-02-010, filed 12/22/10,
				  effective 1/22/11. Statutory Authority:
				  RCW
				  48.02.060 and
				  34.05.220. 07-01-048 (Matter No. R
				  2003-09), §
										284-02-010, filed 12/14/06,
				  effective 1/14/07. Statutory Authority:
				  RCW
				   48.02.060 and
				  34.05.220(1)(b).
				  96-09-038 (Matter No. R 96-3), §
										284-02-010, filed 4/10/96,
				  effective 5/11/96. Statutory Authority:
				  RCW
				   48.02.060(3)(a). 88-23-079
				  (Order R 88-10), §
										284-02-010, filed 11/18/88; Order
				  R-68-6, §
										284-02-010, filed 8/23/68,
				  effective 9/23/68.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-02 - Insurance commissioner's office - Generally › Section 284-02-070 - Hearings

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Hearings of the OIC are conducted
			 according to chapter 48.04 RCW and chapter 34.05 RCW, the Administrative
			 Procedure Act. Two specific types of hearings are conducted pursuant to the
			 Administrative Procedure Act: Rule-making hearings and adjudicative
			 proceedings. Adjudicative proceedings include both contested case hearings and
			 other types of adjudicative proceedings which are required by law. Contested
			 case hearings include appeals from disciplinary actions taken by the
			 commissioner.
(b)
How to
			 demand a hearing.
Under
			 RCW
			  48.04.010 the commissioner is required to
			 hold a hearing upon demand by any person aggrieved by any act, threatened act,
			 or failure of the commissioner to act, if the failure is deemed an act under
			 the insurance code or the Administrative Procedure Act.
(i) A hearing can also be demanded by an
			 aggrieved person based on any report, promulgation, or order of the
			 commissioner.
(ii) Demands for
			 hearings must be in writing and delivered to the Tumwater office of the OIC by
			 mail, hand delivery, facsimile, or email. Unless a person aggrieved by an order
			 of the commissioner demands a hearing within ninety days after receiving notice
			 of that order, or in the case of persons or entities authorized by the OIC to
			 transact the business of insurance under Title 48 RCW, within ninety days after
			 the order was mailed to the most recent address shown in the OIC's licensing
			 records, the right to a hearing is conclusively deemed to have been waived. A
			 hearing is considered demanded when the demand for hearing is received by the
			 commissioner.
(c)
			 Accommodation will be made for persons needing assistance due to difficulty
			 with language or disability.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-02 - Insurance commissioner's office - Generally › Section 284-02-100 - Petition for adoption, amendment, or repeal of rules

Current through Register Vol. 24-14, July 15, 2024
(1) Any person may petition the insurance
			 commissioner requesting the adoption, amendment, or repeal of any rule using
			 the procedures set forth in
			 RCW
			  34.05.330. The petition must be in writing,
			 dated, and signed by the petitioner. In addition to the information listed in
			 RCW
			  34.05.330(3), each petition
			 must include the following information:
(a)
			 The name and address of the person requesting the action, and, if relevant, the
			 background and identity of the petitioner and the interest of the petitioner in
			 the subject matter of the rule;
(b)
			 The full text of any proposed new or amendatory rule and the citation and
			 caption of any existing rule to be amended or repealed;
(c) A narrative explaining the purpose and
			 scope of any proposed new or amendatory rule including a statement generally
			 describing the statutory authority relied upon by the petitioner, how the rule
			 is to be implemented, the reasons for the proposed action, accompanied by
			 necessary or pertinent data in support of the new rule or amendment;
			 and
(d) Statements from other
			 persons in support of the action petitioned are encouraged, if they help the
			 OIC to understand why the new rule or amendment is needed.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-02 - Insurance commissioner's office - Generally › Section 284-02-105 - Sending or delivery of information to the commissioner

Current through Register Vol. 24-14, July 15, 2024
For purposes of complying with
				Titles
				48 RCW and 284 WAC, whenever
				written notice to the commissioner is required, "sending" or "delivery" of the
				written notice includes transmitting the required information in writing and,
				where appropriate, on forms designated by the commissioner for that purpose via
				first class mail, commercial parcel delivery company, telefacsimile, or e-mail,
				unless the relevant requirement specifies sending the written notice in some
				specific manner, such as via first class mail, postage
				prepaid.
Statutory Authority:
				  RCW
				  48.02.060 and
				  34.05.220. 12-11-022 (Matter No. R
				  2012-01), §
										284-02-105, filed 5/7/12,
				  effective 6/7/12; 08-14-170 (Matter No. R 2008-10), §
										284-02-105, filed 7/2/08,
				  effective 8/2/08.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-005 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The
				purpose of these rules is to establish the procedures the office of the
				insurance commissioner (OIC) will follow in order to provide full access to
				public records. These rules provide information to persons wishing to request
				access to public records of the OIC and establish processes for both requestors
				and OIC staff that are designed to best assist members of the public in
				obtaining such access.
(2) The
				purpose of the act is to provide the public full access to information
				concerning the conduct of government, mindful of persons' privacy rights and
				the desirability of the efficient administration of government. The act and
				these rules will be interpreted in favor of disclosure. In carrying out its
				responsibilities under the act, the OIC will be guided by the provisions of the
				act describing its purposes and interpretation.
Statutory Authority:
					 RCW
					 48.02.060 and
					 42.56.040. 12-03-087 (Matter No. R
					 2011-15), §
											284-03-005, filed 1/15/12,
					 effective 2/15/12. Statutory Authority:
					 RCW
					  48.02.060,
					 48.17.250, 48.17.300,
					 70.02.050 and 42.17.250. 04-15-157
					 (Matter No. R 2003-10), §
											284-03-005, filed 7/21/04,
					 effective 8/21/04.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-010 - Agency description - Contact information - Public records manager

Current through Register Vol. 24-14, July 15, 2024
(1) The OIC's
				central office is located at Tumwater, Washington. The OIC has field offices in
				Seattle and Spokane.
(2) Any person
				wishing to request access to public records of the OIC, or seeking assistance
				in making such a request should contact the OIC public records manager at:
Public Records Manager
Office of the Insurance Commissioner 5000 Capitol Boulevard
				  S.E.
Tumwater, WA 98501 pdr@oic.wa.gov 360-725-7003 fax
				  360-664-2782
Information is also available at the insurance commissioner's
				  web site at
www.insurance.wa.gov
.
(3) The public records manager will oversee
				compliance with the act but other OIC staff members may process the request.
				Therefore, these rules will refer to the public records manager "or designee."
				The public records manager or designee and agency staff will provide the
				"fullest assistance" to requestors, create and maintain for use by the public
				an index to public records of the OIC, ensure that public records are protected
				from damage or disorganization, and prevent fulfilling public records requests
				from causing excessive interference with essential functions of the
				agency.
Statutory Authority:
					 RCW
					 48.02.060 and
					 42.56.040. 12-03-087 (Matter No. R
					 2011-15), §
											284-03-010, filed 1/15/12,
					 effective 2/15/12. Statutory Authority:
					 RCW
					  48.02.060,
					 48.17.250, 48.17.300,
					 70.02.050 and 42.17.250. 04-15-157
					 (Matter No. R 2003-10), §
											284-03-010, filed 7/21/04,
					 effective 8/21/04; Order R-75-1, §
											284-03-010, filed
					 5/19/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-015 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Hours for inspection of records.
Public records are available for
				inspection and copying during normal business hours of the OIC, Monday through
				Friday, 8:00 a.m. to 5:00 p.m. (excluding legal holidays). Records must be
				inspected at the offices of the OIC.
(2)
Records index.
An index for
				categories of public records is available for use by members of the public upon
				request to the public records manager.
(3)
Organization of records.
The
				OIC will maintain its records in a reasonably organized manner. The OIC will
				take reasonable actions to protect records from damage and disorganization. A
				requestor shall not take records from OIC offices without the permission of the
				public records manager or designee. A variety of records is available on the
				OIC web site at
www.insurance.wa.gov
.
				Requestors are encouraged to view the documents available on the web site prior
				to submitting a records request.
(4)
Making a request for public
				records.
(a) Any person wishing to
				inspect or copy public records of the OIC should make the request in writing on
				the agency request form, by letter, fax, or e-mail addressed to the public
				records manager and should include the following information:
(i) Name of requestor;
(ii) Address of requestor;
(iii) Other contact information, including
				telephone number and e-mail address;
(iv) Identification of the public records
				adequate for the public records manager or designee to locate the
				records.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-020 - Retention of records

Current through Register Vol. 24-14, July 15, 2024
The retention and lawful destruction of OIC records are
				  governed by the retention schedules approved by the state records committee.
				  The most current version of the state government general records retention
				  schedule can be found on the secretary of state's web site
www.sos.wa.gov
. Retention schedules
				  specific to the OIC are available from the public records manager upon request.
				  The records maintained by the OIC will be regularly destroyed in accordance
				  with the state retention schedule applicable to the OIC unless otherwise
				  required to be held for a longer period of time pursuant to directives to the
				  OIC to hold any such records under applicable federal or state rules of civil
				  procedure governing discovery of documents and things in litigation or other
				  legal proceedings.
Statutory Authority:
					 RCW
					 48.02.060 and
					 42.56.040. 12-03-087 (Matter No. R
					 2011-15), §
											284-03-020, filed 1/15/12,
					 effective 2/15/12. Statutory Authority:
					 RCW
					  48.02.060,
					 48.17.250, 48.17.300,
					 70.02.050 and 42.17.250. 04-15-157
					 (Matter No. R 2003-10), §
											284-03-020, filed 7/21/04,
					 effective 8/21/04; Order R-75-1, §
											284-03-020, filed
					 5/19/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-025 - Processing of public records requests - General

Current through Register Vol. 24-14, July 15, 2024
(1)
Providing "fullest
				assistance."
The OIC is charged by statute with adopting rules which
				provide for how it will "provide full access to public records," "protect
				records from damage or disorganization," "prevent excessive interference with
				other essential functions of the agency," provide "fullest assistance" to
				requestors, and provide the "most timely possible action" on public records
				requests. The public records manager or designee will process requests in the
				order allowing the most requests to be processed in the most efficient
				manner.
(2)
Acknowledging
				receipt of request.
Within five business days of receipt of the request,
				the public records manager will do one or more of the following:
(a) Make the records available for inspection
				or copying;
(b) Provide a
				reasonable estimate of when records will be available;
(c) If the request is unclear or does not
				sufficiently identify the requested records, request clarification from the
				requestor. Such clarification may be requested and provided by telephone. The
				public records manager or designee may revise the estimate of when records will
				be available; or
(d) Deny the
				request.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-030 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public
				Records Act provides that a number of types of documents are exempt from public
				inspection and copying. In addition, documents are exempt from disclosure if
				any "other statute" exempts or prohibits disclosure. Requestors should be aware
				of the following exemptions found specifically in the insurance code
				(Title
				48 RCW), that restrict the
				availability of some documents held by the OIC for inspection and copying:
(a) Medical malpractice - Closed claim
				reports - Annual reports,
				RCW
				 48.140.040 and
				48.140.050.
(b) Confidentiality of documents, materials,
				or other information,
				RCW
				 48.02.065.
(c) Insurer's risk-based capital reports,
				RCW
				 48.05.510 through
				48.05.535.
(d) Insurance fraud,
				RCW
				 48.30A.045 through
				48.30A.065 and
				48.135.060.
(e) Documents, materials, or information
				about insurer's transactions with affiliates,
				RCW
				 48.31B.015(2)(l) and (m),
				48.31B.025, and
				48.31B.030.
(f) Documents, materials, or other
				information in the possession or control of the commissioner that are obtained
				by or disclosed to the commissioner or any other person in the course of an
				examination or investigation made pursuant to
				RCW
				 48.31B.035.
(g) Material acquisitions or disposition
				information,
				RCW
				 48.43.200,
				48.44.530 through
				48.44.555, and 48.46.-600 through
				48.46.625.
(h) Service contract
				provider's annual reports,
				RCW
				 48.110.040.
(i) Statistical summaries,
				RCW
				 48.140.040.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-035 - Agency rules for copy charges

Current through Register Vol. 24-14, July 15, 2024
(1)
				There is no fee for inspecting public records held by the OIC.
(2) Pursuant to
				RCW
				 42.56.120(2), as amended by
				section 3, chapter 304, Laws of 2017, the office of the insurance commissioner
				declares for the following reasons that it would be unduly burdensome for it to
				calculate the actual costs it charges for providing copies of public records:
				Funds were not allocated for performing a study to calculate such actual costs
				and the agency lacks the necessary funds to perform a study and calculations;
				staff resources are insufficient to perform a study and to calculate such
				actual costs; and a study would interfere with and disrupt other essential
				agency functions.
(3)
Standard charges for paper photocopies or electronically produced
				copies.
Unless otherwise requested, the OIC provides electronic copies
				of responsive documents in a portable document format (pdf). A requestor may
				obtain standard 8.5 x 11, black and white photocopies of responsive documents.
				Charges for electronic and paper copies shall be in accordance with the charges
				specified in
				RCW
				 42.56.120(2)(b) and (c).
(4)
Waiver of
				charges.
The OIC will not charge a requestor for paper copies of fewer
				than three hundred pages or for electronic copies. This waiver does not apply
				to customized services charges as permitted by
				RCW
				 42.56.120(3) or charges for
				use of an outside vendor as provided in subsection (5) of this
				section.
(5)
Use of outside
				vendor.
With the consent of the requestor, the OIC may use an outside
				vendor for nonstan-dard copies or for voluminous requests if an outside vendor
				can make copies more quickly and/or less expensively than the charges specified
				in RCW
				 42.56.120. The OIC may also use an outside
				vendor if the OIC does not have the equipment to copy the requested records due
				to the format in which the records are saved (for example, if the records are
				saved on microfilm). In the event an outside vendor is used, the requestor may
				be charged the actual costs billed by the vendor.
Statutory Authority:
					 RCW
					  48.02.060 and
					 42.56.040. 12-03-087 (Matter No. R
					 2011-15), §
											284-03-035, filed 1/15/12,
					 effective 2/15/12. Statutory Authority:
					 RCW
					  48.02.060,
					 48.17.250, 48.17.300,
					 70.02.050 and 42.17.250. 04-15-157
					 (Matter No. R 2003-10), §
											284-03-035, filed 7/21/04,
					 effective 8/21/04.