Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-108 - Adjudicative proceedings › Section 172-108-070 - Procedures for brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
For those proceedings identified as brief adjudicative
				proceedings in WAC
				172-108-010, the model rules of
				procedure, chapter 10-08 WAC shall not apply. Brief adjudicative proceedings
				shall be governed by the procedures below and
				RCW
				   34.05.482 through
				34.05.494:
(1) The presiding officer for a brief
			 adjudicative proceeding shall be selected in accordance with WAC
			 172-108-020.
(2) For any matters subject to review under
			 WAC 172-108-010, the presiding
			 officer shall provide an individual with the opportunity to explain his or her
			 position. If, after considering the information provided, the presiding officer
			 makes a decision that is unfavorable to the individual, such decision shall be
			 conveyed to the individual in writing. Within ten days, the presiding officer
			 shall give the parties a brief written statement of the reasons for the
			 decision and information about any internal administrative review available.
			 The brief written statement shall be considered the university's initial
			 order.
(3) An individual may appeal
			 the initial order by filing a written appeal with the appropriate authority.
			 The appropriate authority is identified in the rules, policies and procedures
			 adopted by the university regarding such determinations. If the rule, policy,
			 or procedure does not specify who an appeal should be filed with, an appeal may
			 be filed in writing in accordance with WAC
			 172-108-040.
(4) All appeals from initial orders must be
			 received by the university within twenty-one calendar days from the date the
			 initial order was delivered to the affected individual. If a timely appeal is
			 not received, the initial order becomes the university's final order unless the
			 university, on its own motion, chooses to review an order resulting from a
			 brief adjudicative proceeding in accordance with
			 RCW
			    34.05.491(1).
(5) Upon receipt of an appeal, a reviewing
			 officer will be appointed. The reviewing officer may be the presiding officer
			 who issued the initial order or any other person or group who would qualify as
			 a presiding officer under WAC
			 172-108-020.
(6) The reviewing officer shall give each
			 party an opportunity to explain the party's position and shall make any
			 inquiries necessary to ascertain whether the proceeding must be converted to a
			 formal adjudicative proceeding. The reviewing officer is not required to
			 conduct a hearing, but may do so if he or she feels it would be helpful or
			 necessary.
(7) Within twenty days
			 of the filing of the appeal, the reviewing officer must issue a written order
			 containing a brief statement of the reasons for his or her decision. The order
			 shall also include a description of any further available administrative review
			 or, if none is available, a notice that judicial review may be available under
			 chapter
			 34.05 RCW.
(8) The university shall maintain as its
			 official record any documents regarding its decision that were considered or
			 prepared by the presiding officer for the brief adjudicative proceeding or by
			 the reviewing officer.
Statutory Authority:
				  RCW
				     28B.35.120(12). 92-09-100,
				  §
										172-108-070, filed 4/20/92,
				  effective 5/21/92.