reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-030 - Assertion of right of nonassociation

Current through Register Vol. 24-14, July 15, 2024
An employee who desires to assert a right of nonassociation
				based on bona fide religious tenets or teachings of a church or religious body
				of which such employee is a member shall provide written notice of that claim
				to the exclusive bargaining representative.
An employee asserting the right of nonassociation under
				RCW
				 28B.52.045,
				41.56.113,
				41.56.122,
				41.59.100, or
				41.76.045 shall, at the same time,
				provide the exclusive bargaining representative with the name(s) and
				address(es) of one or more nonreligious charitable organizations to which the
				employee is prepared to make alternative payments in lieu of the payments
				required by the union security provision.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060. 08-04-058, §
										391-95-030, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-030, filed 6/30/00,
				  effective 8/1/00; 90-06-075, §
										391-95-030, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.58.050,
				  41.56.090 and
				  41.59.110. 88-12-058 (Order
				  88-10), §
										391-95-030, filed 5/31/88.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-030, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-036 - Special provision - State civil service employees

Current through Register Vol. 24-14, July 15, 2024
An employee who desires to assert a right of nonassociation
				based on bona fide religious tenets or teachings of a church or religious body
				of which such employee is a member shall provide written notice of that claim
				to the exclusive bargaining representative.
An employee asserting the right of nonassociation under
				RCW
				 41.80.100 may provide the exclusive
				bargaining representative with his or her choice to receive funds paid under
				the union security provision, if such a list is published by the exclusive
				bargaining representative.
Statutory Authority:
				  RCW
				  41.58.050,
				  41.80.100. 08-04-058, §
										391-95-036, filed 1/31/08,
				  effective 4/1/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-050 - Response by exclusive bargaining representative

Current through Register Vol. 24-14, July 15, 2024
Within sixty days after it is served with written notice of a
				claimed right of nonassociation under WAC
				391-95-030, the exclusive
				bargaining representative shall provide a written response to the employee,
				setting forth the position of the exclusive bargaining representative on the
				matter.
(1) For employees who desire
			 to assert the right of nonassociation under
			 RCW
			  28B.52.045,
			 41.56.113,
			 41.56.122,
			 41.59.100, or
			 41.76.045, the response of the
			 exclusive bargaining representative shall address:
(a) The eligibility of the employee to make
			 alternative payments; and
(b) The
			 acceptance or rejection of the charitable organization(s) suggested by the
			 employee under WAC
			 391-95-030.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-056 - Special provision - State civil service employees - Response of exclusive bargaining representative

Current through Register Vol. 24-14, July 15, 2024
Within sixty days after it is served with written notice of a
				claimed right of nonassociation under WAC
				391-95-036, the exclusive
				bargaining representative shall provide a written response to the employee,
				setting forth the position of the exclusive bargaining representative on the
				matter.
(1) For employees asserting
			 the right of nonassociation under
			 RCW
			  41.80.100, the response of the exclusive
			 bargaining representative shall address:
(a)
			 The eligibility of the employee to make alternative payments; and
			 either
(b) If designated by the
			 employee under WAC
			 391-95-036, acceptance or
			 rejection of the program or charitable organization designated by an employee
			 under WAC
			 391-95-036; or
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-070 - Disputes resolved by commission

Current through Register Vol. 24-14, July 15, 2024
(1) Either the employee or the exclusive
			 bargaining representative may file a petition to obtain a ruling from the
			 commission if:
(a) The exclusive bargaining
			 representative disputes the eligibility of the employee to assert the right of
			 nonassociation; or
(b) The
			 exclusive bargaining representative disputes the charity or charitable
			 organization which the employee desires to be the recipient of alternative
			 payments; or
(c) The exclusive
			 bargaining representative fails to make a timely response under WAC
			 391-95-050; or
(d) The employee claiming nonassociation
			 fails to name a charity or charitable organization to receive alternative
			 payments.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-076 - Special provision - State civil service employees - Disputes resolved by commission

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Either the employee or the exclusive bargaining representative may file a
			 petition to obtain a ruling from the commission if:
(a) The exclusive bargaining representative
			 disputes the eligibility of the employee to assert the right of nonassociation;
			 or
(b) The exclusive bargaining
			 representative disputes the program of the employee organization which the
			 employee desires to be the recipient of alternative payments; or
(c) The exclusive bargaining representative
			 fails to make a timely response under WAC
			 391-95-056; or
(d) The employee claiming nonassociation
			 fails to name a program of the employee organization to receive alternative
			 payments.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-090 - Petition in writing - Number of copies - Filing - Service

Current through Register Vol. 24-14, July 15, 2024
Each petition for a ruling on a nonassociation claim shall be
				in writing, and shall be filed at the commission's Olympia office as required
				by WAC 391-08-120(1).
				The party filing the petition shall serve a copy on the other party to the
				dispute and on the employer as required by WAC
				391-08-120(3) and
				(4).
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  34.05.413,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-090, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-95-090, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-95-090, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 90-06-075, §
										391-95-090, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-090, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-110 - Contents of petition

Current through Register Vol. 24-14, July 15, 2024
Each petition for a ruling on a nonassociation claim shall
				contain, in separate numbered paragraphs:
(1) Information identifying the parties and
			 (if known) their representatives, including:
(a) The name, address and telephone number of
			 the employer, and the name, address, telephone number, fax number, and e-mail
			 address of its principal representative;
(b) The name, address and telephone number of
			 the employee organization, and the name, address, telephone number, fax number,
			 and e-mail address of its principal representative; and
(c) The name, address, telephone number, fax
			 number, and e-mail address of the employee who has asserted a right of
			 nonassociation, and the name, address, telephone number, fax number, and e-mail
			 address of his or her representative.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-130 - Escrow of disputed funds

Current through Register Vol. 24-14, July 15, 2024
Funds at issue in a nonassociation proceeding under this
				chapter shall be kept separate while the case remains pending before the
				commission. Upon being served with a copy of a petition filed under WAC
				391-95-070 concerning employees
				asserting the right of nonassociation under
				RCW
				 28B.52.045,
				41.56.113,
				41.56.122,
				41.59.100, or
				41.76.045, the employer shall
				preserve the status quo by withholding and retaining the disputed dues for
				periods during the pendency of the proceedings before the commission. Funds
				held in escrow shall draw interest at the rate provided by commercial banks for
				regular passbook savings accounts. While the proceedings remain pending before
				the commission, the employer shall not honor or otherwise act upon any request
				for discharge or other action against the affected employee based on the
				employee's union security obligations. This section shall be applicable to
				employees covered by
				chapter
				41.56 RCW only upon the
				employee submitting to the employer a signed authorization for the deduction
				and escrow of disputed funds.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060. 08-04-058, §
										391-95-130, filed 1/31/08,
				  effective 4/1/08. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-130, filed 6/30/00,
				  effective 8/1/00; 90-06-075, §
										391-95-130, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 81-02-034
				  (Order 81-01), §
										391-95-130, filed
				  1/6/81.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-136 - Special provision - State civil service employees - Escrow of funds

Current through Register Vol. 24-14, July 15, 2024
Funds at issue in a nonassociation proceeding under this
				chapter shall be kept in escrow while the case remains pending before the
				commission.
(1) Upon being served with
			 a copy of a petition filed under WAC
			 391-95-076 concerning an employee
			 asserting the right of nonassociation under
			 RCW
			  41.80.100, the employee organization shall
			 preserve the status quo by holding the disputed funds in a separate account,
			 and shall not request the discharge or other action against the affected
			 employee based on the employee's union security obligations, until the
			 proceedings under this chapter are concluded.
(2) While the nonassociation proceedings
			 remain pending before the commission, the employer shall not honor or otherwise
			 act upon any request for discharge or other action against the affected
			 employee based on the employee's union security obligations.
Statutory Authority:
				  RCW
				  41.58.050,
				  41.80.100. 08-04-058, §
										391-95-136, filed 1/31/08,
				  effective 4/1/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-150 - Deficiency notice - Preliminary ruling

Current through Register Vol. 24-14, July 15, 2024
The executive director or a designated staff member shall
				determine whether the facts alleged in the petition may constitute a basis for
				assertion of a right of nonassociation within the meaning of the applicable
				statute.
(1) If the facts alleged do
			 not, as a matter of law, constitute a basis for assertion of a right of
			 nonassociation, a deficiency notice shall be issued and served on all parties,
			 identifying the defects and specifying a due date for the filing and service of
			 an amended petition. If the defects are not cured in a timely manner, an order
			 shall be issued and served, dismissing the defective allegation(s) and stating
			 the reasons for that action. Unless appealed to the commission under WAC
			 391-95-270, an order of dismissal
			 issued under this subsection shall be the final order of the agency on the
			 defective allegation(s), with the same force and effect as if issued by the
			 commission.
(2) If one or more
			 allegations state a cause of action for nonassociation proceedings before the
			 commission, a preliminary ruling summarizing the allegation(s) shall be issued
			 and served on all parties.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  34.05.419,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-150, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-95-150, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 90-06-075, §
										391-95-150, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 85-19-059 (Resolution
				  No. 85-01), §
										391-95-150, filed 9/16/85.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-150, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-170 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
The examiner shall issue a notice of hearing and have it served
				on the employee and the exclusive bargaining representative. Attached to the
				notice of hearing shall be a copy of the preliminary ruling issued under WAC
				391-95-150. A notice of hearing
				may be amended or withdrawn before the close of the hearing.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  34.05.434,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-170, filed 6/30/00,
				  effective 8/1/00. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  34.05.431, [34.05].434, 41.56.122
				  and41.59.100 . 96-07-105, §
										391-95-170, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 90-06-075, §
										391-95-170, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 85-19-059 (Resolution
				  No. 85-01), §
										391-95-170, filed 9/16/85.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-170, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-190 - Examiner - Who may act

Current through Register Vol. 24-14, July 15, 2024
The executive director or a designated staff member shall
				assign an examiner to conduct further proceedings in the matter, and shall
				notify the parties of that assignment. The examiner may be a member of the
				agency staff or any other individual designated by the commission or executive
				director. Upon notice to all parties, an examiner may be substituted for the
				examiner previously presiding.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-190, filed 6/30/00,
				  effective 8/1/00; 90-06-075, §
										391-95-190, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 85-19-059 (Resolution
				  No. 85-01), §
										391-95-190, filed 9/16/85.
				  Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-190, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-220 - Settlement conference

Current through Register Vol. 24-14, July 15, 2024
Separate from any prehearing conference concerning procedural
				matters held by the examiner under WAC
				10-08-130, a settlement conference
				concerning substantive issues may be held under WAC
				10-08-200(15).
(1) A separate case number shall be assigned,
			 and all files and papers for the settlement conference shall be kept separate
			 from the files and papers for the nonassociation proceeding.
(2) A commission staff member other than the
			 assigned examiner shall be assigned to mediate between the parties on the
			 substantive issues.
(3) Any
			 settlement conference shall be held in advance of the scheduled hearing date on
			 the underlying nonassociation proceedings.
(4) During a settlement conference, the
			 parties will be encouraged, on factual and legal grounds including precedent on
			 the particular subject, to resolve the nonassociation dispute. Participation in
			 a settlement conference is voluntary and refusal by a party to participate in a
			 settlement shall not prejudice that party in any manner. Conversations had and
			 offers made in a settlement mediation shall not be admissible in evidence at a
			 hearing.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080. 08-04-059, §
										391-95-220, filed 1/31/08,
				  effective 4/1/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-230 - Hearings - Reopening of hearing - Briefs

Current through Register Vol. 24-14, July 15, 2024
(1) Hearings shall be public and shall be
			 limited to the portions of a petition found to state a cause of action under
			 WAC 391-95-150.
(2) The employee has the burden to make a
			 factual showing, through testimony of witnesses and/or documentary evidence, of
			 the legitimacy of his or her beliefs, as follows:
(a) In cases where the claim of a right of
			 nonassociation is based on the teachings of a church or religious body, the
			 claimant employee shall demonstrate:
(i) His
			 or her bona fide religious objection to union membership; and
(ii) That the objection is based on a bona
			 fide religious teaching of a church or religious body; and
(iii) That the claimant employee is a member
			 of such church or religious body.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-250 - Examiner decision

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A party seeking review by the commission
			 of an interlocutory decision of the hearing examiner must file a motion for
			 discretionary review with the commission and a copy with the executive director
			 or his or her designee within seven days after the decision is
			 issued.
(b) Discretionary review of
			 an interlocutory decision issued by the hearing examiner will be accepted by
			 the commission only:
(i) If the executive
			 director, his or her designee, or hearing examiner has committed an obvious
			 error which would render further proceedings useless; or
(ii) If the executive director, his or her
			 designee, or hearing examiner has committed probable error and the decision of
			 the interlocutory decision of the hearing examiner substantially alters the
			 status quo or substantially limits the freedom of a party to act; or
(iii) If the executive director, his or her
			 designee, or hearing examiner has so far departed from the accepted and usual
			 course of administrative proceedings as to call for the exercise of revisory
			 jurisdiction by the commission.
(c) The commission will not accept motions
			 for discretionary review of:
(i) The issuance
			 of a preliminary ruling by the executive director, his or her designee, or a
			 hearing examiner under WAC
			 391-95-150; or
(ii) Any evidentiary ruling by a hearing
			 examiner during the course of an administrative hearing.
(d) A motion for discretionary review under
			 this rule, and any response, should not exceed fifteen pages double-spaced,
			 excluding appendices.
(e) Denial of
			 discretionary review of a decision does not affect the right of a party to
			 obtain later review of the executive director's, his or her designee's, or
			 hearing examiner's decision or the issues pertaining to that
			 decision.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-260 - Withdrawal or modification of examiner decision

Current through Register Vol. 24-14, July 15, 2024
The examiner may set aside, modify, change, or reverse any
				findings of fact, conclusions of law or order, if any mistake is discovered in
				the decision.
(1) Action may be taken
			 under this section on the examiner's own motion, or on a written motion filed
			 and served by any party as required by WAC
			 391-08-120.
(2) Action may only be taken under this
			 section within ten days following issuance of the decision.
(3) This section shall be inoperative after
			 the filing of an appeal to the commission.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 00-14-048, §
										391-95-260, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-95-260, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-95-260, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 90-06-075, §
										391-95-260, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 85-19-059 (Resolution
				  No. 85-01), §
										391-95-260, filed
				  9/16/85.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-290 - Commission action on appeals

Current through Register Vol. 24-14, July 15, 2024
If an order is appealed under WAC
				391-95-270, the entire record in
				the proceedings shall be transmitted to the commission members. The commission
				may request the parties to appear before it to make oral argument as to any or
				all of the issues in the matter. The commission shall, on the basis of the
				record and any briefs or arguments submitted to it, determine the appeal, and
				shall issue appropriate orders.
Statutory Authority:
				  RCW
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.045,
				  34.05.464,
				  41.56.122 and
				  41.59.100. 00-14-048, §
										391-95-290, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-95-290, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045,
				  41.56.122 and
				  41.59.100. 90-06-075, §
										391-95-290, filed 3/7/90,
				  effective 4/7/90. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-051
				  (Order 80-10), §
										391-95-290, filed 9/30/80,
				  effective 11/1/80.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-95 - Nonassociation case rules › Section 391-95-310 - Implementation

Current through Register Vol. 24-14, July 15, 2024
(1) Where
			 alternative payments in lieu of payments under a union security agreement have
			 been agreed upon by the parties or ordered by the commission:
(a) The employer shall release any funds
			 (together with accumulated interest) held in escrow under WAC
			 391-95-130 to the designated
			 charitable organization; and
(b)
			 The employee shall thereafter make payments and shall furnish written proof to
			 the exclusive bargaining representative that such payments have been made to
			 the designated charitable organization.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish the definition of
				common terms used in Title 392 WAC and rules of construction applicable to
				Title 392 WAC.
Order 7-75, § 392-100-005, filed
				  12/22/75.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in Title 392 WAC, the term:
(1) "Superintendent of public instruction"
			 shall mean the public officer duly elected to the office of superintendent of
			 public instruction and any authorized subordinate or agent of such public
			 officer unless the context limits application of the term to the public officer
			 himself or herself.
(2)
			 "Superintendent" shall mean the superintendent of public instruction unless the
			 context requires that the term be interpreted as having reference to the
			 superintendent of a school district or the superintendent of an educational
			 service district or another chief executive officer of an educational
			 entity.
Order 7-75, § 392-100-010, filed
				  12/22/75.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-050 - Agency abbreviations

Current through Register Vol. 24-14, July 15, 2024
As used in Title 392 WAC, the abbreviation:
(1) "SPI" means the superintendent of public
			 instruction;
(2) "SBE" means the
			 state board of education;
(3) "ESD"
			 means an educational service district;
(4) "DSHS" means the department of social and
			 health services.
Statutory Authority: RCW 28A.03.030. 87-10-012 (Order 87-4),
				  § 392-100-050, filed 4/28/87.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-060 - Other abbreviations

Current through Register Vol. 24-14, July 15, 2024
As used in Title 392 WAC, the abbreviation:
(1) "FTE" means full-time
			 equivalent;
(2) "LAP" means
			 learning assistance program;
(3)
			 "VTI" means vocational-technical institute.
Statutory Authority: RCW 28A.03.030. 90-11-027 (Order 90-07),
				  § 392-100-060, filed 5/9/90, effective 6/9/90; 87-10-012 (Order 87-4),
				  § 392-100-060, filed 4/28/87.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-100 - Definition - Low-income student

Current through Register Vol. 24-14, July 15, 2024
As used in Title 392 WAC, "low-income student" means a student
				whose parent(s) or guardian(s) have an annual income equal to or less than one
				hundred eighty-five percent of the Income Poverty Guidelines published by the
				United States Department of Health and Human Services in Federal Register No.
				220-91 56FR6859 or as later amended (i.e., the standard adopted by the United
				States Department of Agriculture for reduced priced meals).
Statutory Authority: RCW 28A.220.030. 92-03-138 (Order
				  92-04), § 392-100-100, filed 1/22/92, effective
				  2/22/92.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-101 - Documentation of low-income eligibility

Current through Register Vol. 24-14, July 15, 2024
For purposes of Title 392 WAC, a student's eligibility as a
				low-income student shall be documented by either:
(1) A notice of eligibility presented by a
			 parent or guardian of the student indicating that the student is approved for
			 free or reduced priced meals or free milk for the current school year;
			 or
(2) A statement or form signed
			 by a parent or guardian of the student stating that the income of the student's
			 parent(s) or guardian(s) meets the criteria for low-income during the current
			 school year pursuant to WAC
			 392-100-100.
Statutory Authority: RCW 28A.150.290. 92-20-062 (Order
				  92-11), § 392-100-101, filed 10/2/92, effective 11/2/92. Statutory
				  Authority:
				  RCW
				  28A.220.030. 92-03-138 (Order 92-04), §
				  392-100-101, filed 1/22/92, effective
				  2/22/92.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-100 - Definitions, general provisions, and rules of construction › Section 392-100-102 - Confidentiality of low-income eligibility

Current through Register Vol. 24-14, July 15, 2024
School districts shall use information contained in the notice
				of eligibility or other such forms or statements only to determine low-income
				status or to compile the number of students that are low-income. School
				districts may not release information contained in a notice of eligibility or
				other such forms or statements. School districts may release the number of
				low-income students so long as the students are not identified. Such
				information is to be used for state allocations and for statistical
				purposes.
Statutory Authority: RCW 28A.220.030. 92-03-138 (Order
				  92-04), § 392-100-102, filed 1/22/92, effective
				  2/22/92.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-101 - Superintendent of public instruction-Administrative practices and procedures › Section 392-101-001 - Authority

Current through Register Vol. 24-14, July 15, 2024
The authority for this chapter is
				RCW
				34.05.220 which authorizes the office of
				superintendent of public instruction to adopt rules governing the formal and
				informal procedures prescribed or authorized by chapter 34.05
				RCW.
Statutory Authority:
				  RCW
				  34.05.220 [(1)](a). 89-23-001 (Order 15),
				  § 392-101-001, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW
				  34.04.020. 83-17-057 (Order 83-5), § 392-101-001, filed
				  8/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-101 - Superintendent of public instruction-Administrative practices and procedures › Section 392-101-005 - Administrative practices regarding hearings and rule proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Administrative
			 practices before and pertaining to the office of superintendent of public
			 instruction are governed by the state Administrative Procedure Act, chapter
			 34.05 RCW, the Washington State Register Act, chapter 34.08 RCW, and the state
			 office of Administrative Hearings Act, chapter 34.12 RCW. These acts govern the
			 conduct of "agency action," "adjudicative proceedings," and "rule making" as
			 these terms are defined in
			 RCW
			 34.05.010. The rules of the state code
			 reviser provided in chapter 1-21 WAC, and as hereafter amended, and the rules
			 of the office of administrative hearings provided in chapter 10-08 WAC, and as
			 hereafter amended, shall govern procedures and practices before the
			 superintendent of public instruction for the following: Petitions for
			 declaratory rulings; petitions for adoption, amendment, or repeal of a rule;
			 and the conduct of adjudicative proceedings. All other regulatory actions and
			 hearings conducted by the office of superintendent of public instruction may be
			 conducted informally at the discretion of the superintendent.
Statutory Authority:
				  RCW
				  34.05.220 [(1)](a). 89-23-001 (Order 15),
				  § 392-101-005, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW
				  34.04.020. 83-17-057 (Order 83-5), § 392-101-005, filed 8/17/83; Order
				  7-75, §
										392-100-005, filed
				  12/22/75.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-101 - Superintendent of public instruction-Administrative practices and procedures › Section 392-101-010 - Conduct of administrative hearings

Current through Register Vol. 24-14, July 15, 2024
The office of superintendent of public instruction hereby
				assigns the following administrative hearings to the office of administrative
				hearings and hereby delegates to the administrative law judge conducting any
				such hearing the authority to render the final decision by the superintendent
				of public instruction:
(1) Nonresident
			 transfer appeals pursuant to chapter 392-137 WAC.
(2) Special education hearings pursuant to
			 chapter 392-172A WAC or as amended.
(3) Equal educational opportunity complaints
			 pursuant to WAC
			 392-190-079.
(4) Professional certification appeals
			 pursuant to WAC
			 181-86-150.
(5) National school lunch program, special
			 milk program for children, school breakfast program, summer food service
			 program, and child and adult care food program appeals pursuant to 7 C.F.R.
			 Parts 210, 215, 220, 225 and 226.
(6) Traffic safety education appeals pursuant
			 to WAC 392-153-001 through
			 392-153-070.
(7) Bus driver authorization appeals pursuant
			 to chapter 392-144 WAC.
(8) Audit
			 resolution appeals of agency management decisions regarding resolution of state
			 and federal audit findings pursuant to chapter 392-115 WAC.
(9) Appeals of enforcement actions
			 withholding or recovering funds, in whole or in part, taken as a result of
			 consolidated program reviews of federal programs conducted in accordance with
			 34 C.F.R. Sections 80.40 and 80.43.
Statutory Authority:
				  RCW
				  42.20.100 [46.20.100(2)]. 08-22-035, §
				  392-101-010, filed 10/30/08, effective 11/30/08. Statutory Authority:
				  RCW
				  46.20.100(2) and chapter
				  28A.220 RCW. WSR 91-18-007 (Order 91-17), § 392-101-010, filed 8/23/91,
				  effective 9/23/91. Statutory Authority: RCW 34.04.020. WSR 89-17-067 (Order
				  89-07), § 392-101-010, filed 8/16/89, effective 9/16/89. Statutory
				  Authority: RCW 28A.03.500. WSR 87-10-013 (Order 87-5), § 392-101-010,
				  filed 4/28/87.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-101 - Superintendent of public instruction-Administrative practices and procedures › Section 392-101-015 - Determination of indigency- Provision of free transcript

Current through Register Vol. 24-14, July 15, 2024
A determination of indigency shall be made for all persons
				wishing the provision of a free transcript of proceedings pursuant to the
				following standards:
(1) Any person
			 receiving one or more of the following types of public assistance programs:
(a) Temporary assistance for needy
			 families;
(b) Aged, blind, or
			 disabled assistance benefits;
(c)
			 Medical care services under
			 RCW
			 74.09.035;
(d) Pregnant women assistance
			 benefits;
(e) Poverty-related
			 veterans' benefits;
(f) Food stamps
			 or food stamp benefits transferred electronically;
(g) Refugee resettlement benefits;
(h) Medicaid; or
(i) Supplemental security income.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-001, filed 4/15/80.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-003 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250,
				  42.17.260 and
				  42.17.320. 85-19-007 (Order 85-9),
				  § 392-105-003, filed 9/6/85. Statutory Authority:
				  RCW
				  42.17.250 and
				  42.17.320. 82-19-047 (Order
				  82-12), § 392-105-003, filed 9/14/82. Statutory Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-003, filed 4/15/80.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-005 - Operations and procedures

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-005, filed 4/15/80.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-007 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 through [42.17].320. 92-10-016
				  (Order 92-04), § 392-105-007, filed 4/28/92, effective
				  5/29/92.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to implement the requirements
				of the Public Records Act, chapter 42.56 RCW. The superintendent of public
				instruction adopts these rules to provide the fullest assistance to requestors
				and full access to the agency's public records while protecting those records
				from damage or disorganization; preventing excessive interference with
				essential agency functions, including the agency's core mission of supervising
				all matters pertaining to public schools; and not unreasonably disrupting
				agency operations.
Statutory Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-010, filed 4/15/80; Order 7-75, § 392-105-010, filed
				  12/22/75. Formerly WAC 392-12-010
				  (part).
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-015 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 through [42.17].320. 92-10-016
				  (Order 92-04), § 392-105-015, filed 4/28/92, effective 5/29/92. Statutory
				  Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-015, filed 4/15/80; Order 7-75, § 392-105-015, filed
				  12/22/75. Formerly WAC 392-12-010
				  (part).
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-020 - Agency description-Contact information-Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The office of
			 superintendent of public instruction is an agency headed by the superintendent
			 of public instruction, a constitutional officer of the state charged with
			 supervision over all matters pertaining to public schools. The powers and
			 duties of the superintendent and the agency are described in Title 28A
			 RCW.
(2) The superintendent of
			 public instruction's administrative offices are located at: Old Capital
			 Building, 600 Washington Street S.E., Olympia, WA 98504.
(3) The superintendent of public
			 instruction's public records officer may be contacted at the following mailing
			 address, telephone number, or email address:
Public Records Officer
Office of the Superintendent of Public Instruction
P. O. Box 47200
Olympia, WA 98504-7200
360-725-6372
publicrecordsrequest@k12.wa.us
Information and records are also available at the
				superintendent of public instruction web site at
www.k12.wa.us
.
(4) The public records officer will oversee
			 compliance with the act, but another agency staff member may process the
			 request. Therefore, these rules will refer to the public records officer or
			 designee. The public records officer or des-ignee and the agency will provide
			 the fullest assistance to requestors and prevent fulfilling public records
			 requests from causing excessive interference with the agency's essential
			 functions.
Reviser's note:
The typographical error in the
				  above section occurred in the copy filed by the agency and appears in the
				  Register pursuant to the requirements of
				  RCW
				  34.08.040.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-025 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 through [42.17].320. 92-10-016
				  (Order 92-04), § 392-105-025, filed 4/28/92, effective 5/29/92. Statutory
				  Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-025, filed 4/15/80; Order 7-75, § 392-105-025, filed
				  12/22/75. Formerly WAC 392-12-010
				  (part).
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Agency" means
			 the office of superintendent of public instruction.
(2) "Public record" and "writing" shall have
			 the meanings as stated in
			 RCW
			 42.56.010.
(3) "Public records officer" means the
			 employee designated by the superintendent under
			 RCW
			 42.56.580(1) responsible for
			 overseeing the agency's compliance with the Public Records Act.
(4) "Superintendent of public instruction"
			 and "superintendent" mean the elected officer of the state as defined by
			 RCW
			 28A.300.010 who is the head of the office of
			 superintendent of public instruction.
Statutory Authority:
				  RCW
				  42.17.250 - [42.17].320. 93-07-039 (Order
				  93-05), § 392-105-030, filed 3/11/93, effective 4/11/93; 92-10-016 (Order
				  92-04), § 392-105-030, filed 4/28/92, effective 5/29/92. Statutory
				  Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 90-22-044 (Order 39),
				  § 392-105-030, filed 11/2/90, effective 12/3/90; 80-05-034 (Order 80-5),
				  § 392-105-030, filed 4/15/80; Order 7-75, § 392-105-030, filed
				  12/22/75. Formerly WAC 392-12-010
				  (part).
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-035 - Determination regarding exempt records

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 - [42.17].320. 93-07-039 (Order
				  93-05), § 392-105-035, filed 3/11/93, effective 4/11/93; 92-10-016 (Order
				  92-04), § 392-105-035, filed 4/28/92, effective 5/29/92. Statutory
				  Authority:
				  RCW
				  42.17.250 and
				  42.17.260. 80-05-034 (Order 80-5),
				  § 392-105-035, filed 4/15/80.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-040 - Request, hours for inspection, and organization of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Making a
			 request for public records.
(a) Any
			 person wishing to inspect or copy public records of the agency must make the
			 request in writing on the agency's request form or through an online portal, or
			 by letter, or email addressed to the public records officer at the email
			 address publicly designated by superintendent of public instruction, or by
			 submitting the request in person at the address listed in WAC
			 392-105-020, and must include the
			 following information:
(i) Name of
			 requestor;
(ii) Address of
			 requestor;
(iii) Other contact
			 information, including telephone number and any email address;
(iv) Identification of the public records
			 adequate for the public records officer or designee to locate the records;
			 and
(v) The date and time of day of
			 the request.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-045 - Records index - Inspection

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  42.17.250 through [42.17].320. 92-10-016
				  (Order 92-04), § 392-105-045, filed 4/28/92, effective
				  5/29/92.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-105 - Superintendent of public instruction Access to public records › Section 392-105-050 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
In order to adequately protect the agency's public records,
				requestors must comply with the following guidelines while inspecting public
				records:
(1) Requestors may not remove
			 any public record from the agency's premises.
(2) Requestors must have a designated agency
			 employee present while inspecting a public record.
(3) Requestors may not mark or deface a
			 public record in any manner during inspection.
(4) Requestors may not dismantle public
			 records that are maintained in a file or jacket, or in chronological or other
			 filing order, or those records that, if lost or destroyed, would constitute
			 excessive interference with the agency's essential functions.
(5) Access to agency file cabinets, shelves,
			 vaults, or other storage areas is restricted to agency personnel, unless other
			 arrangements are made with the public records officer or designee.
Statutory Authority:
				  RCW
				  42.17.250 through [42.17].320. 92-10-016
				  (Order 92-04), § 392-105-050, filed 4/28/92, effective
				  5/29/92.