reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-016 - Public records-Location

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Public records available. All public records of the board as defined in chapter
			 42.56 RCW are deemed to be available for public inspection and copying pursuant
			 to these rules, except as otherwise provided by
			 RCW
			  42.56.210 through
			 42.56.470.
(2) General information concerning the board
			 may be obtained at its headquarters, 2430 Chandler Ct. S.W., P.O. Box 42401,
			 Olympia, Washington 98504-2401.
(3)
			 Public records officer. The public records officer shall be responsible for the
			 following: The implementation of the board's rules and regulations regarding
			 release of public records, coordinating the staff of the board in this regard,
			 and generally insuring compliance by the staff with the public records
			 disclosure requirements of chapter 42.56 RCW.
(4) Indices are available providing
			 identifying information as to the following:
(a) Final decisions and orders of the board,
			 including concurring and dissenting opinions;
(b) proposed decisions and orders of the
			 board's industrial appeals judges;
(c) in addition, any indices maintained for
			 intra-agency use are available for public inspection and copying.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-017 - Request for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
			 In accordance with requirements of chapter 42.56 RCW, the board will make
			 nonexempt "public records" available for inspection and copying.
(2) A request to inspect or copy public
			 records should be made in writing through the records officer email address
			 shown on the board web site upon the board's request form, which is available
			 at its Olympia headquarters or its web site. The form may be presented to the
			 public records officer, or to any member of the board's staff, if the public
			 records officer is not available, at the headquarters of the board during
			 customary office hours. The form may also be mailed, faxed, or emailed to the
			 attention of the public records officer at the address or fax number provided
			 on the board's web site.
The request should include the following information:
(a) The name and address of the person
			 requesting the record and any other contact information, such as phone number
			 or email address, that may aid in responding to the request;
(b) The date the request is made;
(c) The identity of the record(s) requested.
			 If the record(s) requested is referenced within the current index maintained by
			 the records officer, a reference to the requested record as it is described in
			 such current index should be included whenever possible. If the requested
			 record(s) is not identifiable by reference to the board's current index, as
			 detailed a description as possible should be included to aid staff in
			 identifying the records sought; and
(d) Whether the request is for copies or to
			 inspect records.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-01701 - Copying fees-Payments

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The following copying fees and payment procedures apply to requests to the
			 board under chapter 42.56 RCW and received on or after July 23, 2017.
(2) Pursuant to
			 RCW
			  42.56.120(2)(b), the board
			 is not calculating all actual costs for copying records because it would be
			 unduly burdensome for the following reasons:
(a) The board does not have the resources to
			 conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
			 with other essential agency functions; and
(c) Through the 2017 legislative process, the
			 public and requestors have commented on and been informed of authorized fees
			 and costs, including for electronic records, provided in
			 RCW  42.56.120(2)(b)
			 and (c), (3), and (4).
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-018 - Public records-Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The board shall determine which public
			 records requested in accordance with these rules are exempt under the
			 provisions of
			 RCW
			  42.56.210 through
			 42.56.470.
(2) Pursuant to
			 RCW
			  42.56.050, the board may delete identifying
			 details when it makes available or publishes any public record in any case
			 where there is reason to believe that disclosure of such details would be an
			 invasion of personal privacy.
(3)
			 Denials of requests for public records will be accompanied by a written
			 statement specifying the reason for the denial. A statement of the specific
			 exemption in chapter 42.56 RCW or other statute authorizing withholding the
			 record and a brief explanation of how the exemption applies to the record held
			 will be included.
Statutory Authority:
				  RCW
				   51.52.020. 08-01-081, §
										263-12-018, filed 12/17/07,
				  effective 1/17/08. Statutory Authority:
				  RCW
				   51.52.104,
				  51.52.020 and chapters 51.48 and
				  42.17 RCW. 86-03-021 (Order 20), §
										263-12-018, filed 1/10/86; Order
				  7, §
										263-12-018, filed
				  4/4/75.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-019 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a
			 request for a public record may petition for prompt review of such decision by
			 tendering a written request for review. The written request shall specifically
			 refer to the written statement by the public records officer or other staff
			 member which constituted or accompanied the denial.
(2) Immediately after receiving a written
			 request for review of a decision denying a public record, the public records
			 officer or other staff member denying the request shall refer it to the board.
			 The board shall immediately consider the matter and either affirm or reverse
			 such denial or call a special meeting of the board as soon as legally possible
			 to review the denial. In any case, the request shall be returned with a final
			 decision within two business days following the receipt of the request for
			 review.
(3) Administrative remedies
			 shall not be considered exhausted until the board has returned the petition
			 with a decision or until the close of the second business day following receipt
			 of the request for review, whichever occurs first.
Statutory Authority:
				  RCW
				   51.52.104,
				  51.52.020 and chapters 51.48 and
				  42.17 RCW. 86-03-021 (Order 20), §
										263-12-019, filed
				  1/10/86.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-020 - Appearances of parties before the board

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may appear?
Any party to
			 any appeal may appear before the board at any conference or hearing held in
			 such appeal, either on the party's own behalf or by a representative as
			 described in subsections (3) and (4) of this section.
(2)
Who must obtain approval prior to
			 representing a party?
A person who is disbarred, resigns in lieu of
			 discipline, or is presently suspended from the practice of law in any
			 jurisdiction, or has previously been denied admission to the bar in any
			 jurisdiction for reasons other than failure to pass a bar examination, shall
			 not represent a party without the prior approval of the board. A written
			 petition for approval shall be filed 60 calendar days prior to any event for
			 which the person seeks to appear as a representative. The board may deny any
			 petition that fails to demonstrate competence, moral character, or
			 fitness.
(3)
Who may
			 represent a party?
(a) A worker or
			 beneficiary may be represented by:
(i) An
			 attorney at law with membership in good standing in the Washington state bar
			 association or a paralegal supervised by an attorney at law with membership in
			 good standing in the Washington state bar association.
(ii) An attorney at law with membership in
			 good standing in the highest court of any other state or the District of
			 Columbia.
(iii) A lay
			 representative so long as the person does not charge a fee, is not otherwise
			 compensated for the representation except as provided in (a)(iv) of this
			 subsection, and files a declaration or affidavit with the board certifying
			 compliance with this rule. The industrial appeals judge may alternatively
			 permit this certification to be made under oath and reflected in a transcript
			 or report of proceeding.
(iv) A lay
			 representative employed by the worker's labor union whose duties include
			 handling industrial insurance matters for the union, provided the person files
			 a declaration or affidavit with the board certifying this status. The
			 industrial appeals judge may alternatively permit this certification to be made
			 under oath and reflected in a transcript or report of proceeding.
(v) Any lay representative seeking to
			 represent a worker or beneficiary who has not provided the certification
			 required under (a)(iii) and (iv) of this subsection will be excluded from
			 serving as a worker's or beneficiary's representative.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-045 - Industrial appeals judges

Current through Register Vol. 24-14, July 15, 2024
(1)
Definition.
Whenever used in these rules, the term "industrial
			 appeals judge" shall include any member of the board, the chief legal officer,
			 and any duly authorized industrial appeals judge assigned to conduct a
			 conference or hearing.
(2)
Duties and powers.
It shall be the duty of the industrial appeals
			 judge to conduct conferences or hearings in cases assigned to him or her in an
			 impartial and orderly manner. The industrial appeals judge shall have the
			 authority, subject to the other provisions of these rules:
(a) To administer oaths and
			 affirmations;
(b) To issue
			 subpoenas on request of any party or on his or her motion. Subpoenas may be
			 issued to compel:
(i) The attendance and
			 testimony of witnesses at hearing and/or deposition, or
(ii) The production of books, papers,
			 documents, and other evidence for discovery requests or proceedings before the
			 board;
(c) To rule on
			 all objections and motions including those pertaining to matters of discovery
			 or procedure;
(d) To rule on all
			 offers of proof and receive relevant evidence;
(e) To interrogate witnesses called by the
			 parties in an impartial manner to develop any facts deemed necessary to fairly
			 and adequately decide the appeal;
(f) To secure and present in an impartial
			 manner such evidence, in addition to that presented by the parties, as he or
			 she deems necessary to fairly and equitably decide the appeal, including the
			 obtaining of physical, mental, or vocational examinations or evaluations of
			 workers;
(g) To take appropriate
			 disciplinary action with respect to representatives of parties appearing before
			 the board;
(h) To issue orders
			 joining other parties, on motion of any party, or on his or her own motion when
			 it appears that such other parties may have an interest in or may be affected
			 by the proceedings;
(i) To
			 consolidate appeals for hearing when such consolidation will expedite
			 disposition of the appeals and avoid duplication of testimony and when the
			 rights of the parties will not be prejudiced thereby;
(j) To schedule the presentation of evidence
			 and the filing of pleadings, including the filing of perpetuation
			 depositions;
(k) To close the
			 record on the completion of the taking of all evidence and the filing of
			 pleadings and perpetuation depositions. In the event that the parties do not
			 confirm witnesses or present their evidence within the timelines prescribed by
			 the judge, the judge may consider appropriate sanctions, including closing the
			 record and issuing a proposed decision and order;
(l) To take any other action necessary and
			 authorized by these rules and the law.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-050 - Contents of notice of appeal

Current through Register Vol. 24-14, July 15, 2024
The board's jurisdiction shall be invoked by filing a written
				notice of appeal.
(1)
General
			 rule.
In all appeals, the notice of appeal should contain where
			 applicable:
(a) The name, mailing address,
			 telephone number, and email address of the appealing party and of the party's
			 representative, if any;
(b) A
			 statement identifying the date and content of the department order, decision or
			 award being appealed. This requirement may be satisfied by attaching a copy of
			 the order, decision or award;
(c)
			 The reason why the appealing party considers such order, decision or award to
			 be unjust or unlawful;
(d) A
			 statement of facts in full detail in support of each stated reason;
(e) The specific nature and extent of the
			 relief sought;
(f) The place, most
			 convenient to the appealing party and that party's witnesses, where board
			 proceedings are requested to be held;
(g) A statement that the person signing the
			 notice of appeal has read it and that to the best of his or her knowledge the
			 contents are true;
(h) The
			 signature of the appealing party or the party's representative.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-052 - Contents of claim resolution settlement agreement

Current through Register Vol. 24-14, July 15, 2024
A claim resolution settlement agreement shall be submitted
				electronically with a signed copy of the agreement. If the worker is not
				represented by an attorney, the agreement shall address all of the following
				information. If the worker is represented by an attorney, the agreement does
				not need to address the information requested in subsections (6) through (9) of
				this section:
(1) The names and
			 mailing addresses of the parties to the agreement;
(2) The date of birth of the
			 worker;
(3) The date the claim was
			 received by the department or the self-insured employer, and the claim
			 number;
(4) The date of the order
			 allowing the claim and the date the order became final. If the date of the
			 order is unknown, a statement that the claim has been filed longer than one
			 hundred eighty days prior and allowance of the claim became final;
(5) The payment schedule and amounts to be
			 paid through the claim resolution settlement agreement;
(6) The nature and extent of the injuries and
			 disabilities of the worker and the conditions accepted and segregated in the
			 claim;
(7) The life expectancy of
			 the worker;
(8) Other benefits the
			 worker is receiving or is entitled to receive and the effect that a claim
			 resolution settlement agreement may have on those benefits;
(9) The marital or domestic partnership
			 status of the worker;
(10) The
			 number of dependents, if any, the worker has;
(11)
(a)
			 The worker knows that he/she has the right to:
(i) Continue to receive all the benefits for
			 which they are eligible under this title;
(ii) Participate in vocational training if
			 eligible; or
(iii) Resolve their
			 claim with a settlement;
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-05301 - Amendments of claim resolution settlement agreement

Current through Register Vol. 24-14, July 15, 2024
Amendments to claim resolution settlement agreements are
				permitted without the requirement to refile the agreement when requested prior
				to approval or rejection by the board of the claim resolution settlement
				agreement and signed consent to the amendment is obtained from all original
				signatories. In such cases the board's approval or rejection will specify the
				amendments made to the original agreement.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-054 - Petition to enforce terms of claim resolution settlement agreement

Current through Register Vol. 24-14, July 15, 2024
A petition to enforce the terms of a claim resolution
				settlement agreement must include:
(1)
			 A copy of the agreement;
(2) A copy
			 of the board order approving the agreement;
(3) A statement setting forth the basis for
			 the parties' failure to comply with the agreement; and
(4) The current mailing address of each party
			 to the agreement.
Statutory Authority:
				  RCW
				   51.52.020. 11-23-154, §
										263-12-054, filed 11/22/11,
				  effective 12/23/11.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-059 - Appeals arising under the safety and health pro-visions of the Washington Industrial Safety and Health Act; contents of notice of appeal; notice to affected employees; request for stay of abatement pending appeal

Current through Register Vol. 24-14, July 15, 2024
(1)
Contents of notice of appeal in
			 WISHA appeals.
In all appeals arising under the safety and health
			 provisions of the Washington Industrial Safety and Health Act, the notice of
			 appeal should contain where applicable:
(a)
			 The name, mailing address, telephone number, and email address of the appealing
			 party and of the party's representative, if any.
(b) A statement identifying the citation,
			 penalty assessment, or notice of abatement date appealed from. This requirement
			 may be satisfied by attaching a copy of the citation, penalty assessment, or
			 notice of abatement date.
(c) The
			 name and address of the representative of any labor union representing any
			 employee who was or who may be affected by the alleged safety violation(s). If
			 the employer has no affected employees who are members of a union, the employer
			 shall affirmatively certify that no union employees are affected by the
			 appeal.
(d) The reason why the
			 appealing party considers such order or decision, to be unjust or
			 unlawful.
(e) A statement of facts
			 in full detail in support of each stated reason.
(f) The specific nature and extent of the
			 relief sought.
(g) The place, most
			 convenient to the appealing party and that party's witnesses, where board
			 proceedings are requested to be held.
(h) A statement that the person signing the
			 notice of appeal has read it and that to the best of his or her knowledge the
			 contents are true.
(i) The
			 signature of the appealing party or the party's representative.
In all appeals where a stay of abatement of alleged
				violation(s) pending appeal is requested, the notice of appeal must comply with
				additional requirements set forth in subsection (3) of this section.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-05901 - Discrimination appeals arising under RCW 49.17.160 of the Washington Industrial Safety and Health Act-Contents of notice of appeal

Current through Register Vol. 24-14, July 15, 2024
In all appeals arising under the discrimination provisions of
				the Washington Industrial Safety and Health Act,
				RCW
				 49.17.160, the notice of appeal should
				contain where applicable:
(1) The
			 name, mailing address, telephone number, and email address of the employee who
			 filed the complaint with the department and their representative, if
			 any.
(2) The name, mailing address,
			 telephone number, and email address of the cited employer or business and their
			 representative, if any.
(3) A
			 statement identifying the citation number, penalty assessment, or appropriate
			 relief order being appealed. This requirement may be satisfied by attaching a
			 copy of the citation, penalty assessment, or order of appropriate
			 relief.
(4) The reason why the
			 appealing party considers the citation, penalty, or appropriate relief decision
			 to be wrong.
(5) A statement of
			 facts in full detail in support of each stated reason.
(6) The specific nature and extent of the
			 relief sought.
(7) The place, most
			 convenient to the appealing party and that party's witnesses, where board
			 proceedings are requested to be held.
(8) A statement that the person signing the
			 notice of appeal has read it and that to the best of his or her knowledge the
			 contents are true.
(9) The
			 signature and date of the appealing party or the party's
			 representative.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-060 - Filing appeals-Limitation of time

Current through Register Vol. 24-14, July 15, 2024
(1) In cases
			 arising under the Industrial Insurance Act, or the Worker and Community Right
			 to Know Act, the notice of appeal shall be filed within 60 days from the date
			 the copy of the order, decision or award of the department was received by the
			 appealing party, except an appeal from an order or decision making demand for
			 repayment of sums paid to a provider of medical, dental, vocational or other
			 health services shall be filed within 20 days from the date the order or
			 decision was received by the provider.
(2) In appeals arising under the Crime
			 Victims Compensation Act (chapter 7.68 RCW), the notice of appeal shall be
			 filed within 90 days from the date the copy of the order, decision or award of
			 the department was received by the appealing party.
(3) In appeals from a notice of assessment
			 arising under chapter 51.48 RCW, the notice of appeal shall be filed within 30
			 days from the date the notice of assessment was served.
(4) There are two types of appeals arising
			 under the Washington Industrial Safety and Health Act (chapter 49.17 RCW).
(a) For safety and health appeals from a
			 citation and notice, follow the provisions in
			 RCW
			  49.17.140(4). The appeal
			 shall be initiated by giving the director of the department of labor and
			 industries notice of intent to appeal within 15 working days from the date of
			 notification of such citation, abatement period or penalty
			 assessment.
(b) For discrimination
			 appeals, follow the provisions in
			 RCW
			  49.17.160(6). An employer's
			 appeal of a citation shall be initiated by giving the director of the
			 department of labor and industries notice of intent to appeal within 30 days
			 from the date of notification of such citation. A complainant's appeal from an
			 order of appropriate relief shall be initiated by giving the director of the
			 department of labor and industries notice of intent to appeal within 15 working
			 days from the date of the order.
(c) If the director does not reassume
			 jurisdiction over the matter to which notice of intent to appeal is given, the
			 department shall promptly transmit the notice of intent to appeal together with
			 the department's record in the matter to the board, whereupon the matter shall
			 be deemed an appeal before the board. If the director reassumes jurisdiction
			 pursuant to a notice of intent to appeal, there shall be, within 30 working
			 days of such reassumption or within the extended redetermination period up to
			 an additional 45 working days upon agreement of all parties to the appeal, a
			 further determinative order issued in the matter. Any appeal from such further
			 determinative order must be made directly to the board, with a copy filed with
			 the director of the department, within 15 working days from the date of
			 notification of such further determinative order.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-065 - Disposition on department record

Current through Register Vol. 24-14, July 15, 2024
In cases arising under the Industrial Insurance Act, the Worker
				and Community Right to Know Act, and the Crime Victims Compensation Act, the
				board may, within the times prescribed by
				RCW
				 51.52.090, enter an order making final
				disposition of an appeal, without prejudice to any party's right to appeal from
				any subsequent order, decision or award issued by the department, based solely
				upon review of the notice of appeal and the record of the department in the
				case, as follows:
(1) If the notice of
			 appeal raises no issue or issues of fact and the board finds that the
			 department properly and lawfully decided all matters raised therein, the board
			 may deny the appeal and affirm the department's decision or award; or
(2) If the department's record sustains the
			 contention of the appealing party, the board may allow the relief asked in such
			 appeal;
(3) If the appeal is
			 brought prior to the taking of appealable action or issuance of an appealable
			 order, decision or award by the department, the board may deny the
			 appeal;
(4) If the department has
			 (a) held the order, decision or award under appeal in abeyance or modified,
			 reversed or changed the order, decision or award under appeal within the time
			 limited for appeal or within thirty days after receiving a notice of appeal, or
			 (b) directed the submission of further evidence within the time limited for
			 filing a notice of appeal, the board may deny the appeal on the basis that the
			 appealing party is no longer aggrieved by the order, decision or award under
			 appeal; or
(5) If an employer has
			 filed an appeal from a notice of assessment, and the department, within thirty
			 days after receiving a notice of appeal, modifies, reverses or changes any
			 notice of assessment or holds any such notice of assessment in abeyance pending
			 further investigation the board may deny the appeal.
Statutory Authority:
				  RCW
				  51.52.020. 03-02-038, §
										263-12-065, filed 12/24/02,
				  effective 1/24/03; 91-13-038, §
										263-12-065, filed 6/14/91,
				  effective 7/15/91; 82-03-031 (Order 11), §
										263-12-065, filed 1/18/82; Order
				  7, §
										263-12-065, filed 4/4/75; Order
				  4, §
										263-12-065, filed 6/9/72; Rule
				  5.4, filed 6/12/63. Formerly WAC
				  296-12-065.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-070 - Granting the appeal

Current through Register Vol. 24-14, July 15, 2024
If the appeal is not disposed of pursuant to WAC
				263-12-065, the appeal shall be
				granted and proceedings scheduled. The board shall forthwith notify all
				interested parties of the receipt and granting of the appeal, and shall forward
				a copy thereof to the other interested parties. If the board takes no action
				upon the appeal within the time allowed by
				RCW
				 51.52.090, it shall be deemed to have been
				granted.
Statutory Authority:
				  RCW
				  51.52.020. 91-13-038, §
										263-12-070, filed 6/14/91,
				  effective 7/15/91; Order 7, §
										263-12-070, filed 4/4/75; Order
				  4, §
										263-12-070, filed 6/9/72; Rule
				  5.5, filed 6/12/63. Formerly WAC
				  296-12-070.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-075 - Cross appeals

Current through Register Vol. 24-14, July 15, 2024
Within twenty days of receipt of notification of granting an
				appeal in cases arising under the Industrial Insurance Act, the worker or the
				employer, as the case may be, may file a cross appeal with the board from the
				order of the department from which the original appeal was taken. The contents
				of such cross appeal shall be in accord with the applicable portions of WAC
				263-12-050.
Statutory Authority:
				  RCW
				  51.52.020. 91-13-038, §
										263-12-075, filed 6/14/91,
				  effective 7/15/91; Order 7, §
										263-12-075, filed 4/4/75; Order
				  4, §
										263-12-075, filed 6/9/72; General
				  Order 3, Rule 5.6, filed 10/29/65; General Order 2, Rule 5.3, filed 6/12/63.
				  Formerly WAC 296-12-075.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-080 - Correction and amendment of notice

Current through Register Vol. 24-14, July 15, 2024
If any notice of appeal is found by the board to be defective
				or insufficient, the board may require the party filing said notice of appeal
				to correct, clarify or amend the same to conform to the requirements of the
				statute and the board's rules. The board may refuse to schedule any conference
				or hearing thereon until compliance with such requirement, or may issue an
				order providing for the denial or dismissal of such appeal upon failure to
				comply within a specified time.
Any party may amend his or her notice of appeal on such terms
				as the industrial appeals judge may prescribe, and the industrial appeals judge
				may, when deemed necessary, in justice to all parties, require correction,
				clarification or amendment of a notice of appeal before allowing any hearing
				thereon to proceed, or may issue an order requiring such correction,
				clarification or amendment to be made within a specified time, and if such
				requirement is not complied with, the board may dismiss the
				appeal.
Statutory Authority:
				  RCW
				  51.52.020. 95-02-065, §
										263-12-080, filed 1/3/95,
				  effective 2/3/95; 91-13-038, §
										263-12-080, filed 6/14/91,
				  effective 7/15/91. Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-080, filed 12/2/82; Order
				  4, §
										263-12-080, filed 6/9/72; General
				  Order 3, Rule 5.7, filed 10/29/65; General Order 2, Rule 5.7, filed 6/12/63.
				  Formerly WAC 296-12-080.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-085 - Weapons

Current through Register Vol. 24-14, July 15, 2024
(1) Firearms and
			 other dangerous weapons are prohibited at all facilities owned, leased, or
			 operated by the board of industrial insurance appeals and in the rooms where
			 the board of industrial insurance appeals is conducting any board-related
			 event.
(a) This prohibition applies to all
			 parties or witnesses at hearings, all board employees, and all other persons
			 present. It does not apply to law enforcement personnel, security personnel, or
			 military personnel, all while engaged in official duties.
(b) As used in this chapter, "firearm and
			 other dangerous weapons" means any device from which a projectile may be fired
			 by an explosive; any simulated firearm operated by gas or compressed air; any
			 electric or other conductive energy device designed to deliver an electronic
			 charge directly or from a missile projectile, except any automatic external
			 defibrillator; sling shot; sand club; metal knuckles; any spring-blade knife;
			 any knife that opens or is ejected by an outward, downward thrust or movement;
			 bow and arrow; crossbow; hunting knife (excluding pocket knives); any explosive
			 device; any object that may reasonably be used to injure or intimidate others;
			 dangerous chemicals, except those chemicals typically used for self-defense;
			 and any other dangerous weapons as defined by chapter 9.41 RCW.
(c) This prohibition does not apply to board
			 employees who have obtained a written exemption from a board member, the chief
			 industrial appeals judge, or the chief of administrative services, which may be
			 issued on a case-by-case basis.
(d)
			 Possession of a valid concealed weapons permit is not a defense to the
			 prohibition in this section.
(e)
			 This prohibition does not apply to lawful firearms or other lawful weapons
			 while confined to private motor vehicles in parking areas at board
			 facilities.
(f) This prohibition
			 does not apply to firearms or other dangerous weapons offered as evidence in a
			 board hearing. However, any party or representative seeking to offer a firearm
			 or dangerous weapon as evidence shall obtain written permission from the
			 hearing judge, in advance of the hearing date, before bringing any such item to
			 the hearing. Any application for permission to offer a firearm or other
			 dangerous weapon shall identify the manner, method, means, and other
			 information explaining how the firearm or weapon will be secured.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-090 - Conferences - Notice of conferences

Current through Register Vol. 24-14, July 15, 2024
Once an appeal has been granted, it shall be assigned to an
				industrial appeals judge with direction to conduct a settlement conference or a
				conference to schedule the appeal for hearing. The industrial appeals judge
				may, in his or her discretion, conduct conferences in person or by telephone
				conference call. In-person conferences shall be scheduled upon written notice
				to all parties specifying the date, time and place set for such conference.
				Telephone conferences shall be scheduled upon written notice to all parties
				specifying the date and time for such conference, and that such conference
				shall be conducted by telephone. Notice of conferences, whether in person or by
				telephone, shall be mailed not less than seven days prior to the date of the
				conference, unless such notice is waived by all parties. The industrial appeals
				judge assigned to conduct hearings in an appeal or his or her designee shall
				conduct the conference at which hearings are scheduled.
Statutory Authority:
				  RCW
				   51.52.020. 00-23-021, §
										263-12-090, filed 11/7/00,
				  effective 12/8/00; 91-13-038, §
										263-12-090, filed 6/14/91,
				  effective 7/15/91. Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-090, filed 12/2/82.
				  Statutory Authority:
				  RCW
				   51.52.020. 82-03-031 (Order 11), §
										263-12-090, filed 1/18/82; Order
				  7, §
										263-12-090, filed 4/4/75; Order
				  4, §
										263-12-090, filed 6/9/72; General
				  Order 2, Rules 6.1-6.4, filed 6/12/63; General Order 1, Rules 5.3-5.4, filed
				  3/23/60; Subsection (6), General Order 3, Rule 6.4, filed 10/29/65. Formerly
				  WAC 296-12-090.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-091 - Notice of disqualification

Current through Register Vol. 24-14, July 15, 2024
Notice of disqualification against an industrial appeals judge
				in an appeal will disqualify a judge from hearing or deciding a matter, except
				only one notice may be filed by a party in an appeal and such notice must be
				filed:
(1) Within thirty days of
			 receipt of the notice of assignment of the appeal to the industrial appeals
			 judge or prior to the assigned industrial appeals judge holding any proceeding
			 in the appeal, whichever occurs sooner; or
(2) Within five business days of notification
			 that the appeal has been assigned to a new industrial appeals judge for the
			 purpose of writing a proposed decision and order.
Statutory Authority:
				  RCW
				   51.52.020. 91-13-038, §
										263-12-091, 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 263-12-092 - Mediation and claim resolution settlement agreement conferences

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
			 otherwise required by law, subsection (3) of this section, or by expressed
			 agreement of the parties, all mediation and claim resolution settlement
			 agreement conferences conducted pursuant to
			 RCW
			  51.52.095 or
			 51.04.063,
			 including communications, statements, and disclosures made by any participant
			 shall be confidential. Such communications, statements, and disclosures shall
			 not be reported, placed in evidence, or disclosed to anyone not a party to the
			 appeal. Such communications, statements, and disclosures shall not be construed
			 as an admission or declaration against interest. No party shall be bound by
			 anything done or said during such events unless a settlement or other agreement
			 is reached in writing or reduced to writing by the mediator or judge.
(2) Despite any agreement of the parties to
			 the contrary, a mediation or claim resolution settlement agreement conference
			 judge is prohibited from disclosing any communications, statements,
			 disclosures, or representations identified in subsection (1) of this section,
			 and shall not be called as a witness or deponent in any later proceeding for
			 the purpose of making such disclosures.
(3) Evidence or information that is otherwise
			 admissible or subject to discovery does not become inadmissible or protected
			 from discovery solely by reason of its disclosure or use in a
			 mediation.
(4) Mediation and claim
			 resolution settlement agreement conferences are confidential and nonparties may
			 be excluded from the events.
(5)
			 Mediation and claim resolution settlement agreement conferences may not be
			 recorded by any type of recording device.
Statutory Authority:
				  RCW
				   51.52.020. 08-01-081, §
										263-12-092, filed 12/17/07,
				  effective 1/17/08.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-093 - Conferences-Disposition of appeals by agreement

Current through Register Vol. 24-14, July 15, 2024
(1) If an
			 agreement concerning final disposition of any appeal is reached by all the
			 parties present or represented at a conference, an order shall be issued in
			 conformity with their agreement, providing the board finds the agreement is in
			 accordance with the law and the facts.
(a) In
			 industrial insurance cases and cases involving the discrimination provisions of
			 the Washington Industrial Safety and Health Act, if an agreement concerning
			 final disposition of the appeal is reached by the employer and worker or
			 beneficiary at a conference at which the department is represented, and no
			 objection is interposed by the department, an order shall be issued in
			 conformity with their agreement, providing the board finds that the agreement
			 is in accordance with the law and the facts. If an objection is interposed by
			 the department on the ground that the agreement is not in accordance with the
			 law or the facts, a hearing shall be scheduled.
(b) In cases involving safety and health
			 violations of the Washington Industrial Safety and Health Act, an agreement
			 concerning final disposition of the appeal among the parties must include
			 regardless of other substantive provisions covered by the agreement:
(i) A statement reciting the abatement date
			 for the violations involved, and
(ii) a statement confirming that the penalty
			 assessment for contested and noncontested violations has or will be
			 paid.
(c) Where all
			 parties concur in the disposition of an appeal but the industrial appeals judge
			 is not satisfied that the agreement is in conformity with the facts and the law
			 or that the board has jurisdiction or authority to order the relief sought, the
			 industrial appeals judge may require such evidence or documentation necessary
			 to adequately support the agreement in fact and/or in law.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-095 - Conference procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Scheduling information.
If no agreement is reached by the parties
			 as to the final disposition of an appeal, the industrial appeals judge
			 presiding at a settlement conference may direct that the appeal be assigned to
			 an industrial appeals judge for the purpose of scheduling and conducting a
			 hearing in the appeal. Any industrial appeals judge assigned to conduct
			 proceedings in an appeal, or his or her designee may elicit from the parties
			 such information as is necessary and helpful to the orderly scheduling of
			 hearing proceedings and as may aid in expediting the final disposition of the
			 appeal.
(2)
Prehearing
			 matters.
At any proceeding a stipulation of facts may be obtained to
			 show the board's jurisdiction in the matter. In addition, agreement as to the
			 issues of law and fact presented and the simplification or limitation thereof
			 may be obtained. The industrial appeals judge may also determine:
(a) The necessity of amendments to the notice
			 of appeal or other pleadings;
(b)
			 the possibility of obtaining admissions of facts and authenticity of documents
			 which will avoid unnecessary proof;
(c) the admissibility of exhibits;
(d) a stipulation as to all or part of the
			 facts in the case;
(e) obtain
			 information as to the number of expert and lay witnesses expected to be called
			 by the parties and their names when possible, the place or places where
			 hearings will be required, the approximate time necessary for the presentation
			 of the evidence of the respective parties, and all other information which may
			 aid in the prompt disposition of the appeal;
(f) the limitation of the number of
			 witnesses;
(g) the need for
			 interpretive services;
(h) exchange
			 of medical and vocational reports and other relevant documents;
(i) receive and rule on motions pertaining to
			 prehearing discovery. These include motions by a party for a vocational
			 evaluation of a claimant which may be granted upon a showing of surprise which
			 ordinary prudence could not have guarded against or upon an equivalent showing
			 of circumstances constituting good cause and upon notice to all parties of the
			 time, place, manner, conditions, and scope of the evaluation and the person or
			 persons by whom it is to be made, provided that the industrial appeals judge
			 shall impose all conditions necessary to avoid delay and prejudice in the
			 timely completion of the appeal.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-097 - Interpreters

Current through Register Vol. 24-14, July 15, 2024
(1) When an
			 impaired person as defined in chapter 2.42 RCW or a non-English-speaking person
			 as defined in chapter 2.43 RCW is a party or witness in a hearing before the
			 board of industrial insurance appeals, the industrial appeals judge may appoint
			 an interpreter to assist the party or witness throughout the proceeding.
			 Appointment, qualifications, waiver, compensation, visual recording, and
			 ethical standards of interpreters in adjudicative proceedings are governed by
			 the provisions of chapters 2.42 and 2.43 RCW and General Rule provisions GR 11,
			 GR 11.1, and GR 11.2.
(2) The
			 provisions of General Rule 11.3 regarding telephonic interpretation and General
			 Rule 11.4 regarding team interpretation shall not apply to the board's use of
			 interpreters.
(3) The industrial
			 appeals judge shall make a preliminary determination that an interpreter is
			 able to accurately interpret all communication to and from the impaired or
			 nonEnglish-speaking person and that the interpreter is impartial. The
			 interpreter's ability to accurately interpret all communications shall be based
			 upon either (a) certification by the office of the administrator of the courts,
			 or (b) the interpreter's education, certifications, experience, and the
			 interpreter's understanding of the basic vocabulary and procedure involved in
			 the proceeding. The parties or their representatives may question the
			 interpreter as to his or her qualifications or impartiality.
(4) The board of industrial insurance appeals
			 will pay interpreter fees and expenses when the industrial appeals judge has
			 determined the need for interpretive services as set forth in subsection (1).
			 When a party or person for which interpretive services were requested fails to
			 appear at the proceeding, the requesting party or the party's representative
			 may be required to bear the expense of providing the interpreter.
Statutory Authority:
				  RCW
				   51.52.020. 06-12-003, §
										263-12-097, filed 5/25/06,
				  effective 6/25/06; 00-23-022, §
										263-12-097, filed 11/7/00,
				  effective 12/8/00.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-100 - Hearings - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Time. In those cases that proceed to hearing, the board shall mail notice of
			 scheduled hearings to all parties at their last known address as shown by the
			 records of the board or department of labor and industries not less than
			 fifteen days prior to the hearing date: Hearings may be held on less than
			 fifteen days' notice upon agreement of all parties that have made an appearance
			 in the appeal.
(2) Contents. The
			 notice shall identify the appeal to be heard, the names of the parties to the
			 appeal and their representatives, if any, and shall specify the time and place
			 of hearing.
Statutory Authority:
				  RCW
				  51.52.020. 00-23-021, §
										263-12-100, filed 11/7/00,
				  effective 12/8/00; 82-03-031 (Order 11), §
										263-12-100, filed 1/18/82; Order
				  4, §
										263-12-100, filed 6/9/72; General
				  Order 1, Rule 5.2, filed 3/23/60; Subsection 2, General Order 3, Rule 7.1,
				  filed 10/29/65. Formerly WAC
				  296-12-100.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-106 - Expedited hearings

Current through Register Vol. 24-14, July 15, 2024
If a statute requires that the board conduct an expedited
				hearing in a matter, the matter will be referred to a duly authorized
				industrial appeals judge. Notices of conferences and hearings related to the
				expedited hearing will conform to the requirements identified in WAC
				263-12-090 and
				263-12-100. After hearing all
				testimony and receiving all evidence related to the expedited hearing, the
				industrial appeals judge will refer the matter directly to the board for
				decision. The board will issue an order based on the record of the expedited
				hearing.
Statutory Authority:
				  RCW
				  51.52.020. 04-16-009, §
										263-12-106, filed 7/22/04,
				  effective 8/22/04.