Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-270 - Appeals

Current through Register Vol. 24-14, July 15, 2024
An order issued under WAC
				391-95-150(1) or
				391-95-250 and any rulings in the
				proceedings up to the issuance of the order may be appealed to the commission
				as follows:
(1) The due date for a
			 notice of appeal shall be twenty days following the date of issuance of the
			 order being appealed. The time for filing a notice of appeal cannot be
			 extended.
(2) Where an order has
			 been appealed, the due date for a notice of cross-appeal by other parties shall
			 be seven days after the last date on which a notice of appeal could be timely.
			 The time for filing a notice of cross-appeal cannot be extended.
(3) A notice of appeal or notice of
			 cross-appeal shall identify, in separate numbered paragraphs, the specific
			 rulings, findings of fact, conclusions of law, or orders claimed to be in
			 error.
(4) A party which desires to
			 cite or reassert a document previously filed in the matter shall do so by
			 reference to the document already on file, and shall not file or attach another
			 copy of the document to papers filed regarding an appeal.
(5) A notice of appeal or notice of
			 cross-appeal shall be filed at the commission's Olympia office as required by
			 WAC 391-08-120(1),
			 and copies shall be served on all other parties as required by WAC
			 391-08-120(3) and
			 (4).
(6) The due date for any appeal brief which
			 the party filing an appeal or cross-appeal desires to have considered by the
			 commission shall be fourteen days following the filing of its notice of appeal
			 or notice of cross-appeal. Any brief shall be filed at the commission's Olympia
			 office as required by WAC
			 391-08-120(1),
			 and copies shall be served on all other parties as required by WAC
			 391-08-120(3) and
			 (4).
(7) The due date for any responsive brief
			 which a party desires to have considered by the commission shall be fourteen
			 days following the date on which that party is served with an appeal brief. Any
			 brief shall be filed at the commission's Olympia office as required by WAC
			 391-08-120(1),
			 and copies shall be served on all other parties as required by WAC
			 391-08-120(3) and
			 (4).
(8) The executive director or designee may
			 extend the due date for an appeal brief or responsive brief. Such requests
			 shall only be considered if made on or before the date the brief is due, and in
			 compliance with WAC
			 391-08-180. Extensions of time
			 shall not be routine or automatic.
(9) A party filing a brief under this section
			 must limit its total length to twenty-five pages (double-spaced, 12-point
			 type), unless:
(a) It files and serves a
			 motion for permission to file a longer brief to address novel and/or complex
			 legal or factual issues raised by the appeal; and
(b) The commission or its designee grants
			 such a motion for good cause shown. Any motion filed under this subsection
			 shall toll the due date for briefs under subsections (1) and (2) of this
			 section until the commission or its designee responds to such motion.