reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-554 - What is a WMS employee's status during temporary layoff?

Current through Register Vol. 24-14, July 15, 2024
(1) The following applies during a temporary
			 layoff:
(a) An employee's anniversary date,
			 seniority, or unbroken service date is not adjusted for periods of time spent
			 on temporary layoff;
(b) An
			 employee's vacation and sick leave accruals will not be impacted by periods of
			 time spent on temporary layoff;
(c)
			 An employee's holiday compensation will not be impacted by periods of time
			 spent on temporary layoff; and
(d)
			 The duration of an employee's review period shall not be extended for periods
			 of time spent on temporary layoff.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-555 - At the conclusion of a temporary layoff, does a WMS employee have the right to return to the position that was held immediately prior to being temporarily laid off?

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the temporary layoff, the WMS employee has
				the right to resume the position that was held immediately prior to being
				temporarily laid off. The employee returns with the same status and percentage
				of appointment that was held prior to the layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-048,
				  §
										357-58-555, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-556 - How is a WMS employee's temporary layoff day determined when an employee works a night shift schedule which begins one calendar day and ends on the next?

Current through Register Vol. 24-14, July 15, 2024
For WMS employees working a shift which begins on one calendar
				day and ends on the next, the twenty-four hour period during which the
				temporary layoff occurs must be determined by the employer to start either at
				the start of the shift that begins on the day of temporary layoff, or the start
				of the shift that precedes the day of temporary layoff. For example:
The employer has determined that July 12th will be a temporary
				layoff day. The employee's regular work schedule is 6:00 p.m. to 3:00 a.m.
				Sunday through Thursday. The employer must determine if the employee's
				temporary layoff will occur for the shift which begins at 6:00 p.m. on July
				11th or the shift that begins at 6:00 p.m. on July 12th.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-040,
				  §
										357-58-556, filed 11/10/10,
				  effective 12/13/10.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-565

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-58-565, filed 11/10/11,
				  effective 12/13/11; 10-23-043 and 11-01-158, §
										357-58-565, filed 11/10/10 and
				  12/22/10, effective 4/1/11.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-010 - Declaration of purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of the personnel appeals board is to provide a system of adjudication of appeals for eligible state employees.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-01-010, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-020 - Personnel appeals board - Composition - Appointment

Current through Register Vol. 24-14, July 15, 2024
(1) The personnel appeals board shall consist of three members appointed by the governor and confirmed by the senate. Each member must be qualified by experience and training in the field of administrative procedures and merit principles.
(2) No member shall hold other employment with the state.
(3) No member may during the term to which he/she is appointed be or become a candidate for public office, hold any other public office or trust, engage in any occupation or business which interferes or is inconsistent with his/her duties as a member of the board, serve on or under any committee of any political party nor have been an officer of a political party for a period of one year immediately prior to appointment.
(4) No member may act in a representative capacity before the board on any matter for a period of one year after the termination of his/her membership on the board.
(5) Members of the board shall serve overlapping terms of six years. A member appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed for the remainder of that term. Each member shall continue to hold office after expiration of his/her term until a successor has been appointed.
(6) The board shall elect a chairperson and vice-chairperson from among its members in July of each year to serve one year.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-01-020, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-030 - Personnel appeals board - Powers - Duties

Current through Register Vol. 24-14, July 15, 2024
It shall be the responsibility of the personnel appeals board to:
(1) Hear appeals filed pursuant to RCW  41.06.170 and issue findings, conclusions and orders.
(2) Establish general policies, rules and regulations for the hearing of appeals.
(3) Maintain a journal containing a record of all official actions of the board with the exception of findings and decisions.
(4) Perform all the powers and duties specified by chapter 41.64 RCW or as otherwise provided by law.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-01-030, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-040 - Personnel appeals board - Procedure - Quorum

Current through Register Vol. 24-14, July 15, 2024
(1) The principal office of the board shall be at the state capitol but it may sit or hold hearings at any other place in the state.
(2) A majority of the board shall constitute a quorum for making orders or decisions, promulgating rules necessary for the conduct of its powers and duties, or transacting other official business. The board may act though one position on the board be vacant.
(3) One or more members may hold hearings and take testimony to be reported for action by the board.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-01-040, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-042 - Personnel appeals board - Regular meetings

Current through Register Vol. 24-14, July 15, 2024
(1) Regular meetings of the personnel appeals board will be held at 10:00 a.m. every Monday, except holidays, in which case the meeting will be cancelled.
(2) Allowance for public comment on the operational procedures of the personnel appeals board will be included on the agenda of the regular board meeting on the second Monday of every month. The board may invite testimony as to operational procedures from specific organizations or individuals at these meetings.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-01-042, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-044 - Personnel appeals board - Motions calendar, oral and written argument

Current through Register Vol. 24-14, July 15, 2024
(1) The board's normal time and place for considering motions, other than motions heard in conjunction with and at the time of hearings, shall be Mondays, except holidays, at 1:30 p.m., in Olympia, Washington. In addition, the board may periodically announce a supplemental calendar of dates and times for considering motions in other locations throughout the state. Except when presented at hearings, all motions shall be submitted in writing. The party making the motion shall note the motion on the board's motions calendar, regardless of whether or not oral argument is requested.
(2) At the request of either party, oral argument shall be allowed for dispositive motions, such as motions to dismiss or motions for summary judgment. Oral argument may be presented by telephone or other electronic media pursuant to WAC 358-30-028. Nondispositive motions shall be considered upon written argument and affidavit only unless the board specifically authorizes oral argument.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-01-044, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-050 - Executive secretary - Appointment - Removal

Current through Register Vol. 24-14, July 15, 2024
(1) An executive secretary, who shall be exempt from the provisions of chapter 41.06 RCW, may be appointed and discharged by the board.
(2) The executive secretary's salary shall be fixed by the governor pursuant to RCW  43.03.040.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-01-050, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-01 - General provisions › Section 358-01-060 - Executive secretary - Powers - Duties

Current through Register Vol. 24-14, July 15, 2024
(1) The executive secretary shall direct and supervise all administrative activities in accordance with the provisions of chapter 41.64 RCW and the rules and regulations approved and promulgated by the personnel appeals board.
(2) The executive secretary shall appoint staff as necessary.
(3) The executive secretary may delegate authority to subordinates to act for him or her in carrying out duties assigned. Such delegations of authority shall be in writing and the board shall be notified of them.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-01-060, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-10 - Definitions › Section 358-10-005 - Scope and construction of terms

Current through Register Vol. 24-14, July 15, 2024
(1) Words used in these rules which are not defined herein or in WAC 356-06-010 are to be given their usual and ordinary meaning unless a contrary intent is apparent. Dictionary definitions may be utilized.
(2) Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses. Words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders. Words and phrases used herein in the singular or plural shall include the singular and plural.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-10-005, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-10 - Definitions › Section 358-10-010 - Executive secretary

Current through Register Vol. 24-14, July 15, 2024
The executive secretary of the personnel appeals board.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-10-010, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-10 - Definitions › Section 358-10-020 - Public record

Current through Register Vol. 24-14, July 15, 2024
Any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-10-020, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-10 - Definitions › Section 358-10-030 - Writing

Current through Register Vol. 24-14, July 15, 2024
Handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-10-030, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-20 - Appeals - Filings - Declaratory rulings › Section 358-20-010 - Appeal from dismissal, demotion, suspension, reduction, dismissal for abandonment or disability separation

Current through Register Vol. 24-14, July 15, 2024
Any permanent employee subject to the statutory jurisdiction of the personnel appeals board who is dismissed, demoted, suspended, reduced in pay, dismissed for abandonment or given a disability separation may appeal to the personnel appeals board.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-20-010, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-20-010, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-20 - Appeals - Filings - Declaratory rulings › Section 358-20-020 - Appeal from violation of law or rules

Current through Register Vol. 24-14, July 15, 2024
An employee who is adversely affected by a violation of the state civil service law (chapter 41.06 RCW) or of the rules promulgated thereunder (Titles 251, 356 and 359 WAC), including rules regarding a layoff or reduction in force, may appeal to the personnel appeals board.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-20-020, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-20-020, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-20 - Appeals - Filings - Declaratory rulings › Section 358-20-030 - Appeal of allocation or reallocation

Current through Register Vol. 24-14, July 15, 2024
An employee incumbent in a position at the time of its allocation or reallocation or the agency/institution of higher education or related board utilizing the position may appeal by filing exceptions to the determination of the director of personnel or designee.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-20-030, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-20-030, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-20 - Appeals - Filings - Declaratory rulings › Section 358-20-032 - Appeal from exemption of position

Current through Register Vol. 24-14, July 15, 2024
(1) An employee whose position has been exempted after July 1, 1993, may appeal the exemption to the personnel appeals board.
(2) When otherwise authorized, an employee in a nonexempt classification may appeal the failure to exempt the position to the personnel appeals board.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-20-032, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-20 - Appeals - Filings - Declaratory rulings › Section 358-20-050 - Declaratory rulings

Current through Register Vol. 24-14, July 15, 2024
(1) As prescribed by RCW 34.04.080, any interested party may petition the personnel appeals board for a declaratory ruling with respect to the applicability to any person, property or state of facts of any statute or rule enforceable by the personnel appeals board. The petition must be filed in the principal office of the personnel appeals board.
(2) Upon receipt of a petition for declaratory ruling, the executive secretary or his/her designee will acknowledge receipt of the petition and send a copy to the other parties.
(3) The personnel appeals board shall consider the petition without argument and within a reasonable time will:
(a) Notify the petitioner that no declaratory ruling will be issued;
(b) Based on the information in the petition, issue a nonbinding declaratory ruling; or
(c) Notify the parties of the time for submitting written argument or of a time and place for hearing oral argument. If a hearing is scheduled, the notice will inform the parties whether a decision, when rendered, will be binding between the agency and the petitioner.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-005 - Waiver of rules to prevent manifest injustice to parties not represented by legal counsel

Current through Register Vol. 24-14, July 15, 2024
Under exceptional circumstances, the board may waive any of these procedural rules, other than a rule relating to jurisdiction, for any party not represented by legal counsel where necessary to avoid manifest injustice.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-005, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-010 - Acknowledgment of appeal, setting of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of an appeal, the executive secretary of the personnel appeals board or designee will acknowledge receipt of the appeal, send a copy to the other affected parties, and, when applicable, request a copy of the action letter and supporting documentation from the appropriate party.
(2) The executive secretary or his/her designee will review all appeal(s) for compliance with the timeliness requirements of RCW  41.06.170 and WAC 358-20-040. If an appeal appears to be untimely filed, the executive secretary or his/her designee shall direct the parties to submit affidavits and/or written argument in support of or in opposition to dismissal of the appeal. In addition, a motion to dismiss for untimeliness may be submitted by any party to an appeal at any time during the appeal process.
(3) A hearing before the personnel appeals board or hearings examiner shall be scheduled with written notice, specifying the time and place of the hearing provided to all parties of record to an appeal. Notice of hearing shall be mailed not less than thirty days prior to the date of the hearing, unless all parties agree to a shorter notice period. Hearings may be scheduled for primary and/or secondary settings.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-010, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-010, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-015 - Motion for more definite statement

Current through Register Vol. 24-14, July 15, 2024
(1) When an appeal is filed pursuant to WAC 358-20-020, the respondent may move for an order requiring the appellant to provide any information required by subsections (2) and (3) of WAC 358-20-040 which does not appear in the appeal documents and/or to make the allegations sufficiently clear to enable the respondent to prepare its defense. Any such motion must be made within fifteen calendar days of the mailing of the acknowledgment required in WAC 358-30-010, or, if the executive secretary requires more information pursuant to WAC 358-20-040(5), within fifteen calendar days after the appellant's response is filed. The board will examine the motion and the appeal, and, if it finds merit in the motion, shall issue such order as it deems necessary to obtain compliance with WAC 358-20-040.
(2) If the motion is granted, the appellant shall provide the information required within fifteen calendar days of the date of the order. Failure to provide the required information in a timely manner may result in dismissal of the appeal for failure to state grounds for an appeal.
(3) If a respondent does not move for an order to correct deficiencies within the prescribed time, any objection on its part to the sufficiency of the appeal shall be deemed waived.
Statutory Authority: Chapter 41.64 RCW. 87-20-035 (Order 87-1), §
										358-30-015, filed 9/30/87.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-020 - Hearings examiners

Current through Register Vol. 24-14, July 15, 2024
The personnel appeals board may appoint one or more hearings examiners to conduct mediation, preside at prehearing conferences, and/or preside at hearings and make recommended decisions in accordance with rules established by the personnel appeals board in all cases of employee appeals to the board. Hearings examiners may be retained with a personal services contract and compensated in accordance with the provisions of chapter 43.88 RCW and rules adopted pursuant thereto. Hearings examiners shall conduct hearings in the same manner and shall have the same authority as the personnel appeals board when conducting hearings. The executive secretary may act as a hearings examiner for the purpose of conducting mediation, presiding at prehearing conferences and making prehearing orders.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-020, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-020, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-022 - Hearings on appeals of allocation determinations

Current through Register Vol. 24-14, July 15, 2024
(1) Following a review by the director of the department of personnel or designee and within thirty calendar days of the date of service of the director's determination, either party may appeal an allocation or reallocation determination to the board. The appeal shall be in writing and shall detail the specific items of the director's determination to which exception is taken.
(2) The hearing shall be limited to the exceptions set forth in the notice of appeal unless otherwise determined by the board. Either party may petition the board for good cause shown to conduct the hearing on a de novo basis.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-022, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-024 - Mediation

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The board finds that a mediation process, in which the parties, through an independent mediator, seek a settlement of their disputes in good faith, offers an opportunity early in the appeals process to settle disputes with less cost and time, and to the satisfaction of all parties. Such a process also offers the board the opportunity to concentrate its limited resources on timely resolution of those appeals which the parties have been unable to resolve.
(2)
Process.
After an appeal including all of the required documentation is received, the executive secretary or his/her designee shall:
(a) Review the file to determine whether the matter in dispute is amenable to a mediation process;
(b) Notify the parties that their appeal has been designated for mediation, if the executive secretary or designee determines that mediation would be appropriate or if the parties have jointly requested mediation;
(c) Assign the case to a hearings examiner for mediation. The executive secretary may act as a hearings examiner for this purpose. Nothing in this section prevents the parties from selecting their own mediator. However, if a mediator other than the one designated by the board is selected, the parties shall pay the cost of the mediator.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-026 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) The board, the executive secretary, or the hearings examiner may direct the parties or their representatives to engage in a prehearing conference or conferences to consider the following:
(a) Simplification or limitation of issues;
(b) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;
(c) Discovery, discovery methods and discovery deadlines;
(d) The number of witnesses expected to be called and their names when possible;
(e) The approximate time necessary for presentation of the evidence of the respective parties;
(f) Whether or when motions may be brought;
(g) Exhibits;
(h) Affidavits; and
(i) Such other matters as may aid in the prompt disposition of the appeal.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-028 - Hearings and conferences by telephone

Current through Register Vol. 24-14, July 15, 2024
Mediation conferences, settlement conferences, hearings on motions, and full hearings may be conducted by telephone or other electronic media with the consent of the parties.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-028, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-030 - Hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Hearings on all appeals shall be open to the public unless the personnel appeals board or hearings examiner determines there is substantial reason for not having an open hearing, or the employee so requests.
(2) The hearing shall be informal. Technical rules of evidence shall not apply to the proceedings, except for the rules of privilege recognized by law.
(3) All parties may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the personnel appeals board or hearings examiner.
(4) All testimony shall be on oath administered by a member of the personnel appeals board or hearings examiner. Testimony by affidavit shall not be admitted at a hearing except for good cause shown, or as otherwise permitted in these rules, as provided in a prehearing conference statement or order in compliance with the required timelines for motions pursuant to WAC 358-30-042(1), or by stipulation of the parties.
(5) One member of the personnel appeals board may hold a hearing and take testimony to be reported for action by the board. Any such hearing shall be done only at the direction of the chairperson of the board or as provided in these rules.
(6) The personnel appeals board or hearings examiner shall prepare an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits.
(7) The personnel appeals board or hearings examiner shall not be required to transcribe such record unless requested by the parties. A transcript can be obtained:
(a) If the proceedings before the hearings examiner or board were recorded by a court reporter, a transcript can be ordered from the court reporter.
(b) If the proceedings were recorded mechanically, a copy of transcript or copies of cassettes can be ordered from the board for a reasonable charge.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-040 - Motions for and orders of continuance

Current through Register Vol. 24-14, July 15, 2024
Any party to a hearing may make a motion to continue the hearing for good cause shown. Any such motion shall be in writing directed to the person or persons who will be conducting the hearing. The motion shall state the specific reasons a continuance is necessary and shall be filed with the executive secretary and served on the hearings examiner, if any, and the opposing party at least five days prior to the scheduled hearing date. In unusual circumstances and only where the reason for the continuance could not reasonably have been foreseen, the motion may be made when the party becomes aware of the reason.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-040, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-042 - Motions, generally - Time lines

Current through Register Vol. 24-14, July 15, 2024
(1) The moving party shall schedule motions by noting them on the board's motions calendar pursuant to WAC 358-01-044 or by scheduling them with the hearings examiner if one has been assigned. Except as otherwise provided in a prehearing conference statement or order or as otherwise specifically provided in these rules, written motions and any supporting affidavits shall be filed and served not less than five days before the date on which the motion has been noted for consideration by the board or scheduled by the hearings examiner; responses to the motion and any opposing affidavits shall be filed and served not less than one day before the date on which the motion has been noted for consideration by the board or scheduled by the hearings examiner.
(2) Except as otherwise provided in a prehearing conference statement or order, dispositive or summary motions shall be filed and served pursuant to WAC 358-30-060.
(3) Additional time requirements for motions may be found in WAC 358-30-015 for motions for a more definite statement and in WAC 358-30-040 for motions for continuance.
(4) Any party submitting documents in support of or opposition to a motion will provide the original and three copies to the board, and one copy to each opposing party.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-042, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-045 - Filing of prehearing statements, briefs, and written argument

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to a hearing before the board who desires to submit, or when the board or designee requests all parties to submit, a prehearing statement, prehearing brief, or written argument shall provide such documents to the board and to each opposing party no later than three days prior to the scheduled hearing date or at such time as set at the prehearing conference. Any response shall be served no later than one day prior to the scheduled hearing date or at such time as set at the prehearing conference.
(2) Any party submitting such documents will provide the original and three copies to the board, and one copy to each opposing party.
(3) Submission of documents will be accomplished when the document is received in the principal office of the board in Olympia, Washington. The board or designee may refuse to consider documents that are untimely filed.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-045, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-050 - Disposition following hearing

Current through Register Vol. 24-14, July 15, 2024
(1) At the conclusion of a hearing, a hearings examiner or the personnel appeals board may require post-hearing briefs.
(2) A hearings examiner may affirm, reverse or modify an action of an agency.
(3) The personnel appeals board may affirm, reverse or modify the action of an agency or the recommended decision of a hearings examiner or remand the matter for further proceedings before the hearings examiner.
(4) When a hearings examiner or the personnel appeals board reduces a dismissal to a suspension, the period of suspension is not limited by RCW  41.06.170(1).
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-050, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-060 - Dispositive and summary motions

Current through Register Vol. 24-14, July 15, 2024
(1) The personnel appeals board, or a hearings examiner, may decide all, or any part, of an appeal by motion, after notice to all parties, if the documents on file, depositions and affidavits, if any, show there is no genuine issue as to any material fact and the appeal should be decided or dismissed as a matter of law.
(2) Dispositive or summary motions may be made by any party. The motion shall be in writing which sets forth the basis for the motion and shall be filed with the executive secretary of the personnel appeals board. The moving party shall note the motion on the board's motions calendar or schedule it with the hearings examiner and shall serve the motion, any memoranda or affidavits, and the notice of date scheduled for consideration of the motion on all parties at least twenty-one days before the date scheduled. The moving party should make a good faith effort to consult the opposing party as to scheduling the motion prior to noting it on the board's motions calendar. The board or hearings examiner shall allow oral argument on the motion at the request of either party. The party requesting oral argument shall notify the board or hearings examiner and all parties of the request.
(3) The motion may be decided based on written argument and affidavits only unless a party or the board or hearings examiner requests oral argument. Oral argument may be presented by telephone or other electronic media pursuant to WAC 358-30-028.
(4) Any affidavits to be filed in support of a motion shall be served with the motion at least twenty-one days prior to the date scheduled for consideration of the motion. Responses to the motion and any opposing affidavits shall be filed and served at least ten days prior to the date scheduled. Any reply and any counter affidavits by the moving party shall be filed and served at least three days prior to the date scheduled.
(5) When an appeal is dismissed or decided on motion, an order, or recommended order shall be issued as in other cases of appeal to the personnel appeals board.
(6) Deadlines in this rule may be altered as otherwise provided in a prehearing conference statement or order.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-060, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-060, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-070 - Recommended decisions of hearings examiners - Exceptions

Current through Register Vol. 24-14, July 15, 2024
(1) A hearings examiner shall serve his/her recommended decision, including findings of act, conclusions of law, and order, upon the personnel appeals board and upon each party and representative as soon as possible after conclusion of the hearing. Service to the employing agency or institution of higher education and to the employee or the employee's designated representative shall be made by certified mail, a return receipt requested.
(2) Within thirty days after service of the recommended decision, any party adversely affected thereby may take exception to the personnel appeals board by filing a written notice of exceptions at the principal office of the personnel appeals board. The notice shall set forth specific exceptions to the recommended decision including each finding of fact and conclusion of law to which exception is taken and any additional errors the parties contend were made by the hearings examiner. If a party contends a finding of fact is incorrect, or that the examiner has made any other error which requires a review of the record, the party shall identify in the notice or within thirty days of filing the notice the specific portion or portions of the record which it contends supports each claimed error.
(3) If no exceptions are filed, the recommended decision shall become final within forty days after service thereof, unless the personnel appeals board notifies each party within that forty-day period that a hearing will be scheduled to consider the recommended decision.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-070, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-070, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-080 - Hearing on exceptions - Orders of board

Current through Register Vol. 24-14, July 15, 2024
(1) The hearing by the personnel appeals board on exceptions from a recommended decision of a hearings examiner shall be limited to the contentions set forth in the notice of exceptions unless the board itself chooses to review other matters.
(2) The personnel appeals board will issue its decision within 30 days after the conclusion of the hearing.
(3) When the construction of a rule, regulation or statute is in question the board will issue findings of fact, conclusions of law and its order.
(4) The decision and order of the personnel appeals board shall be final in cases filed pursuant to RCW  41.06.170(3) or (4). In cases filed pursuant to RCW  41.06.170(2) the order and decision of the personnel appeals board shall be final subject to action by the court on appeal.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-080, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-080, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-082 - Default at hearings

Current through Register Vol. 24-14, July 15, 2024
If a party fails to attend or participate in a hearing or other stage of an adjudicative proceeding, the board may serve upon all parties a default or dismissal order which shall include a statement of the grounds for the order. Within seven days after service of a default or dismissal order for failure to attend or participate, the party against whom it was entered may file a written motion requesting that the order be vacated, and stating the grounds relied upon.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-082, filed 3/15/95, effective 4/15/95.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-084 - Dismissal by board

Current through Register Vol. 24-14, July 15, 2024
(1) In all appeals filed with the personnel appeals board:
(a) Where the parties have indicated that the case has been settled and ready for dismissal and where there has been no action by the parties during the preceding thirty days; or
(b) When the board deems it appropriate for lack of timeliness or any other jurisdictional matter where there is no question of fact; or
(c) When a party refuses to participate in a prehearing conference pursuant to WAC 358-30-026(4); or
(d) When the board is unable to contact the appellant at the last address and telephone number provided by the appellant, the executive secretary or his/her designee may mail notice to the appellant or the appellant's representative and to the respondent or the respondent's representative that the appeal will be dismissed by the board unless within fifteen days following the date of service of the notice a written request is made to the board and good cause is shown why the appeal should be continued as a pending case.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-090 - Exhibits at hearings

Current through Register Vol. 24-14, July 15, 2024
At any hearing before the personnel appeals board or hearings examiner when exhibits are offered, copies shall be furnished to the opposing party, to each board member or hearings examiner and for the official file. The parties should interchange copies of exhibits before or at the commencement of the hearing. The number, scope and timing of exhibits may be limited pursuant to the prehearing conference.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-090, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-090, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-100 - Ethical conduct

Current through Register Vol. 24-14, July 15, 2024
All persons appearing in appeal proceedings before the personnel appeals board or hearings examiner in a representative capacity shall conduct themselves in a manner compatible with generally accepted practices in the courts of the state of Washington.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-100, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-110 - Filing papers with the personnel appeals board

Current through Register Vol. 24-14, July 15, 2024
(1)
Filing generally.
Papers which must be filed with the personnel appeals board shall not be deemed filed until actual receipt of the papers in the principal office of the personnel appeals board in Olympia, Washington during customary office hours. The executive secretary or designee shall issue a receipt and an acknowledgment stating the date filed.
(2)
Filing by telephone facsimile.
(a) The filing of a written communication with the board by telephone facsimile is perfected when a legible copy of the written communication is reproduced on the board's telephone facsimile equipment in Olympia. The hours of operation of the board's telephone facsimile equipment are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. If a transmission of a written communication commences after these hours of operation the written communication shall be deemed filed on the next succeeding business day.
(b) Any written communication filed with the board by telephone facsimile should be preceded by a cover page identifying the party making the transmission, listing the address, telephone and telephone facsimile number of such party, referencing the appeal to which the written communication relates, and indicating the date of, and the total number of pages included in, such transmission.
(c) No written communication filed by telephone facsimile should exceed fifteen pages in length, exclusive of the cover page required by this rule.
(d) The party attempting to file the written communication by telephone facsimile bears the risk that the written communication will not be timely received or legibly printed on the board's telephone facsimile equipment due to error in the operation or failure of the equipment being utilized by either the party or the board or to the line being busy. If the telephone facsimile is not received in legible form, it will be considered as if it had never been sent.
(e) The original of any document filed by telephone facsimile should be mailed to the board within twenty-four hours of the time that the telephone facsimile was sent.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-120 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) Any member of the personnel appeals board, the executive secretary or the hearings examiner may, and shall at the request of either party, issue subpoenas, including subpoenas duces tecum. The personnel appeals board or the hearings examiner assigned to the appeal shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and, if the evidence warrants, punish such refusal in the same manner and to the same extent as for contempt committed before or in connection with the proceedings of the court.
(2) Every subpoena shall name the personnel appeals board, the title and case number of the proceedings and shall command the person to whom it is directed to appear at a specified time and place and give testimony or produce designated books, documents, or things under that person's control.
(3) Any representative or party not represented shall prepare subpoenas for issuance, and may present them to a personnel appeals board member, the executive secretary or the hearings examiner for signature, and upon return shall make arrangements for service. The service of all subpoenas shall be at the expense of the party requiring the witness to appear. It is recommended that all subpoenas be submitted at least five days prior to the hearing.
(4) Subpoenas shall be personally served upon the designated individual who upon demand, where entitled to make such demand, shall be tendered the fees for one day's attendance and the mileage allowed by law. A copy of the subpoena will also be provided to the opposing representative or pro se party, agency personnel officer and union representative.
(5) Attorneys of record may issue subpoenas, including subpoenas duces tecum, in the same manner and form as members of the personnel appeals board, the executive secretary or the hearings examiner. Any attorney so issuing a subpoena shall report a refusal to obey a subpoena, take the oath, or testify to the personnel appeals board, the executive secretary or the hearings examiner who shall then issue a subpoena in accordance with subsections 1 through 4 of this rule.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-120, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-130 - Witness fees

Current through Register Vol. 24-14, July 15, 2024
Witnesses summoned before the personnel appeals board who upon demand, where entitled to make such demand, shall be paid by the party at whose behalf they appear the same fees and mileage that are paid to witnesses in the superior court of the county in which the hearing is being held. State employees who remain in pay status shall be compensated for travel only.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-130, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-140 - Proof of subpoena service

Current through Register Vol. 24-14, July 15, 2024
The person serving the subpoena shall prove service by filing an acknowledgement or affidavit of service with the personnel appeals board or the hearings examiner at any time prior to adjournment of the hearing. Failure to prove service does not affect the validity of the service.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-140, filed 12/16/81.