reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-090 - How are the results of a prehearing conference documented?

Current through Register Vol. 24-14, July 15, 2024
The results of the prehearing conference must be stated in a
				written statement of results. The statement must include, where applicable,
				agreements concerning issues, admissions, stipulations, witnesses, discovery,
				length of hearing, motions, exhibits, affidavits, and other matters that may
				expedite the appeal hearing. The statement resulting from the prehearing
				conference must control the subsequent course of the appeal, subject to
				modification upon a filing of exceptions to the statement.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-090, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-095 - What happens if one of the parties fails to participate in the prehearing conference?

Current through Register Vol. 24-14, July 15, 2024
Failure of a party to participate in a prehearing conference
				may result in dismissal of the appeal, or other appropriate
				sanctions.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-190,
				  §
										357-52-095, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-100 - How are appeal hearings conducted?

Current through Register Vol. 24-14, July 15, 2024
Appeal hearings are conducted as follows:
(1) Hearings on all appeals are open to the
			 public unless the board determines there is substantial reason for not having
			 an open hearing, or the employee so requests.
(2) The hearing is informal. Technical rules
			 of evidence do 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 board.
(4) All testimony is under oath administered
			 by a member of the board or the hearing officer. Testimony by affidavit is not
			 admitted at a hearing except for good cause shown, or as otherwise permitted in
			 these rules, as provided in a prehearing conference statement or by stipulation
			 of the parties.
(5) One member of
			 the board may hold a hearing and take testimony to be reported for action by
			 the board.
(6) The board prepares
			 an official audio record of the hearing.
(7) The board is not required to transcribe
			 the record. If the proceedings were recorded, a copy of the audio recording may
			 be ordered from the board for a reasonable charge.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-100, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-105 - Can hearings and conferences be conducted by electronic means?

Current through Register Vol. 24-14, July 15, 2024
All conferences and hearings before the board may be conducted
				by telephone or other electronic means as determined by the
				board.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-105, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-110 - Who has the burden of proof at hearings?

Current through Register Vol. 24-14, July 15, 2024
(1) At any hearing on appeal of a:
(a) Dismissal, suspension, demotion, or
			 reduction in base salary, the employer has the burden of supporting the charges
			 upon which the action was initiated; or
(b) Layoff or separation, the employer has
			 the burden of supporting both the basis for the action taken and compliance
			 with the civil service law(s) or rule(s) governing the action.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-115 - How may a party request that a hearing be continued?

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to a hearing may make a written
			 motion to the board to continue a hearing for good cause. The motion must state
			 the specific reason(s) and the period of time for which a continuance is
			 necessary.
(2) Any party desiring a
			 continuance must first orally contact the opposing party to determine whether
			 agreement to a continuance can be reached. The requesting party is responsible
			 for filing a written motion for continuance with the board. The motion must
			 include the reason(s) for the request, the opposing party's response to the
			 request, and a date certain for the hearing on which both parties and the board
			 are available.
(3) The motion for
			 continuance must be filed with the board and the opposing party at least
			 fourteen calendar days before the scheduled hearing date. The board must review
			 the motion, decide whether or not to grant the continuance, and notify the
			 parties of the decision within three working days of receipt of the
			 motion.
(4) In unusual
			 circumstances or emergency situations, and only where the reason(s) for the
			 continuance could not have been foreseen, the board may allow a motion for
			 continuance with less than fourteen calendar day's notice.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-115, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-120 - When may a written motion be filed?

Current through Register Vol. 24-14, July 15, 2024
(1) Except as otherwise provided in a
			 prehearing conference statement or as otherwise specifically provided in these
			 rules, written motions and any supporting affidavits must be filed and served
			 not less than thirty calendar days before the hearing date. Any opposing
			 affidavits must be filed and served within fourteen calendar days after the
			 motion is filed. Any reply and counter affidavits by the moving party must be
			 filed and served within seven calendar days after the opposing response is
			 filed.
(2) Time requirements for
			 motions for continuance are found in WAC
			 357-52-115.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-120, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-125 - Must the board consider untimely motions?

Current through Register Vol. 24-14, July 15, 2024
The board may refuse to consider motions that are not filed on
				time.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-125, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-130 - What must be included with a motion?

Current through Register Vol. 24-14, July 15, 2024
Any party submitting documents in support of or in opposition
				to a motion must include proposed findings, conclusions, and
				order.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-130, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-135 - How many copies of a motion must be submitted?

Current through Register Vol. 24-14, July 15, 2024
When the motion will be considered by the board, the party
				submitting the documents must provide the original and three copies to the
				board and one copy to each opposing party. When the motion will be considered
				by a hearing officer the original will go to the hearing officer, and one copy
				to each opposing party.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-135, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-140 - What may the board decide based on a motion?

Current through Register Vol. 24-14, July 15, 2024
(1) The board or hearing officer may decide
			 all or any part of an appeal by motion if the documents, depositions and
			 affidavits on file show there is no genuine issue as to any material fact and
			 the appeal should be decided or dismissed as a matter of law. The board or
			 hearing officer must allow oral argument on dispositive or summary judgment
			 motions at the request of either party. Oral argument may be presented by
			 telephone or other electronic media.
(2) An order must be issued when an appeal is
			 dismissed or decided on motion.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-140, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-145 - Must parties submit prehearing statements?

Current through Register Vol. 24-14, July 15, 2024
(1) The board may require all parties to file
			 a prehearing statement of position.
(2) If the board does not require statements,
			 parties may still choose to file a prehearing statement.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-145, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-150 - When must prehearing statements be filed?

Current through Register Vol. 24-14, July 15, 2024
(1) If a party is filing a prehearing
			 statement, the statement must be provided to the board and opposing party at
			 least fourteen calendar days before the scheduled hearing date or at such time
			 as set at the prehearing conference.
(2) Any opposing response to these statements
			 must be provided to the board and opposing party at least seven calendar days
			 before the scheduled hearing date or at such time as set at the prehearing
			 conference.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-150, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-155 - What should be included in a prehearing statement?

Current through Register Vol. 24-14, July 15, 2024
The prehearing statements must include a summary of the
				evidence the party intends to present; a listing of the rules or statutes upon
				which the party intends to rely; a statement of the remedy requested; and an
				argument as to why the party is entitled to the requested
				remedy.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-155, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-160 - How many copies of the prehearing statement must be provided?

Current through Register Vol. 24-14, July 15, 2024
A party submitting prehearing statement(s) must provide the
				original and three copies to the board and one copy to each opposing party.
				When the prehearing statement will be considered by a hearing officer the
				original will go to the hearing officer, and one copy to each opposing
				party.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-160, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-165 - Must the board consider untimely prehearing statements?

Current through Register Vol. 24-14, July 15, 2024
The board may refuse to consider prehearing statements that are
				not filed on time.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-165, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-170 - What actions may be taken by a hearing officer following a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) At the
			 conclusion of a hearing, the hearing officer may require post-hearing
			 briefs.
(2) The hearing officer may
			 affirm, reverse or modify an action of an employer or remand the matter for
			 further proceedings.
(3) When the
			 hearing officer reduces a dismissal to a suspension, the period of suspension
			 is not limited by
			 RCW
			  41.06.170(1).
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-170, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-175 - What actions may be taken by the board following a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) At the
			 conclusion of a hearing, the board may require post-hearing briefs.
(2) The board may affirm, reverse or modify
			 the action of an employer or the recommended decision of the hearing officer or
			 remand the matter for further proceedings.
(3) When the board reduces a dismissal to a
			 suspension, the period of suspension is not limited by
			 RCW
			  41.06.170(1).
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-175, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-180 - How is a hearing officer's recommended decision served?

Current through Register Vol. 24-14, July 15, 2024
The hearing officer must provide the recommended decision to
				the board, to the employer, to the appellant, and to the appellant's
				representative (if any). The copies to the employer, appellant, and appellant's
				representative must be sent by certified mail with a return receipt
				requested.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-180, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-185 - Can a party file exceptions to a hearing officer's recommended decision?

Current through Register Vol. 24-14, July 15, 2024
Either party may file written exceptions to the board. The
				exceptions must be filed within thirty calendar days of the date that notice of
				the recommended decision was sent by certified mail.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-185, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-190 - What must be included in a party's written exceptions to a recommended decision?

Current through Register Vol. 24-14, July 15, 2024
The written exceptions must set forth specific exceptions to
				the recommended decision and any additional errors a party contends were made
				by the hearing officer. If a party contends that the hearing officer has made
				an error which requires a review of the record, the party must identify the
				specific portion(s) of the record that support each claimed
				error.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-52-190, filed 9/8/05,
				  effective 10/10/05; 05-01-191, §
										357-52-190, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-193 - What must be included in a party's written exceptions to a director's determination?

Current through Register Vol. 24-14, July 15, 2024
The written exceptions must set forth specific exceptions to
				the director's determination and any additional errors a party contends were
				made by the director's designee. The party must identify the specific
				portion(s) of the record that support each exception or claimed
				error.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-19-011,
				  §
										357-52-193, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-195 - When is a written response in opposition to exceptions due?

Current through Register Vol. 24-14, July 15, 2024
The due date for any written response to the exceptions is
				thirty calendar days following the date the exceptions were
				filed.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-195, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-200 - When does a hearing officer's recommended decision become final?

Current through Register Vol. 24-14, July 15, 2024
If no exceptions are filed, the recommended decision becomes
				final thirty calendar days after service, unless the board notifies each party
				within that thirty-day period that the board on its own motion will reconsider
				the recommended decision.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-200, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-205 - What is the subject of a hearing on exceptions?

Current through Register Vol. 24-14, July 15, 2024
Hearings on exceptions are limited to the contentions set forth
				in the notice of exceptions unless the board itself chooses to review other
				matters.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-205, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-207 - How does the board decide an appeal on exceptions?

Current through Register Vol. 24-14, July 15, 2024
The board reviews the record created by the director's designee
				or hearing officer. At the board's discretion, the appeal is decided based
				upon:
(1) The record and the written
			 arguments on the exceptions, or
(2)
			 The record and oral arguments on the exceptions.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-087,
				  §
										357-52-207, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-208 - How does the board notify the parties whether the appeal on exceptions will be decided upon written or oral arguments?

Current through Register Vol. 24-14, July 15, 2024
(1) The board provides thirty calendar days'
			 written notice to the parties of:
(a) The
			 timeline for submitting written arguments; or
(b) The date of the hearing.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-210 - Can a decision by the board be appealed?

Current through Register Vol. 24-14, July 15, 2024
Decisions and orders of the board are final.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-210, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-215 - When may the board dismiss an appeal on its own motion?

Current through Register Vol. 24-14, July 15, 2024
The board may dismiss an appeal on its own motion when:
(1) An appellant has failed to provide
			 information required under WAC
			 357-52-020;
(2) The parties have notified the board that
			 the case has been settled and the appeal has not been withdrawn within thirty
			 calendar days of the notice of settlement;
(3) An appeal is not filed on time;
(4) The board lacks jurisdiction over the
			 subject matter or parties to the appeal;
(5) A party fails to participate in a
			 prehearing conference as described in WAC
			 357-52-095; or
(6) The board is unable to contact the
			 appellant at the last address and telephone number provided by the
			 appellant.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-215, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-220 - Will the parties be given notice of the potential dismissal of an appeal on the board's motion and when must a party respond?

Current through Register Vol. 24-14, July 15, 2024
The parties must be served with written notice that the appeal
				will be dismissed unless, within fifteen calendar days following the date of
				service, a written request is made to the board showing good cause why the
				appeal should not be dismissed. If no timely request is made, the board must
				dismiss the appeal.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-220, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-221 - What is the timeline for a party to file a motion for reconsideration of a board's final order?

Current through Register Vol. 24-14, July 15, 2024
After issuance of a final board order, any party may file a
				motion for reconsideration. Such motions must be filed with the board and the
				opposing party within fourteen calendar days of service of the board's order.
				Within seven calendar days of the date on which the motion was filed, a party
				may file an answer to the motion with the board and the opposing
				party.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-049,
				  §
										357-52-221, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-222 - On what grounds may a party file a motion for reconsideration of a board's final order?

Current through Register Vol. 24-14, July 15, 2024
A motion for reconsideration must be based on at least one of
				the following grounds:
(1) Errors of
			 procedure material to the party seeking reconsideration;
(2) Misinterpretation of fact or law material
			 to the party seeking reconsideration;
(3) Irregularity in the hearing before the
			 board by which the party seeking reconsideration was prevented from having a
			 fair hearing; or
(4) Clerical
			 mistakes in the final decision and order.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-049,
				  §
										357-52-222, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-223 - How is a motion for reconsideration responded to by the board?

Current through Register Vol. 24-14, July 15, 2024
In response to a motion for reconsideration, the board may deny
				the motion, modify its decision or reopen the hearing. The motion is deemed
				denied unless the board takes action within thirty calendar days of the date on
				which the motion was filed.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-049,
				  §
										357-52-223, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-224 - Is a board order on a motion for reconsideration subject to further review?

Current through Register Vol. 24-14, July 15, 2024
A board order on a motion for reconsideration is not subject to
				further review.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-049,
				  §
										357-52-224, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-225 - How must appeal requests be filed with the board?

Current through Register Vol. 24-14, July 15, 2024
Appeal requests must be filed with the board by filing online
				through the board's website, by fax, by mail, or in person.
(1) Appeal requests are considered filed when
			 received in the board's office in Olympia, Washington, during the office hours
			 of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the
			 board's office in Olympia, Washington, outside of office hours or on a legal
			 holiday will be deemed filed on the next business day.
(2) Appeals filed by fax must have a cover
			 page identifying the addressee; the person making the transmission, including
			 the address, telephone number ; and the appeal to which the documents are
			 related.
(3) Appeal requests are
			 considered filed when a legible copy of the documents is received in accordance
			 with subsection (1) of this section.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-225, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-230 - How must written documents be served on the parties?

Current through Register Vol. 24-14, July 15, 2024
(1) In matters of appeal the board must serve
			 all orders, notices, and other papers issued by it. Every other notice,
			 document or paper required to be served must be served by the party filing
			 it.
(2) All notices, documents, or
			 papers served by either the board or any other party must be served upon all
			 counsel of record at the time of such filing and upon parties not represented
			 by counsel. Service of papers must be made by personal delivery; by mail; or by
			 telephone facsimile transmission with same-day mailing of copies.
			 Correspondence between the board and employers may be sent via the state mail
			 service.
(3) Service upon parties
			 will be regarded as completed when personal service has been accomplished; or
			 upon deposit in the mail, properly stamped and addressed; or upon production by
			 telephone facsimile transmission of confirmation of transmission.
(4) Service upon parties by electronic mail
			 ("e-mail") is not authorized without the express prior approval of the board,
			 and only under such circumstances as the board allows.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-230, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-235 - How must exhibits for hearings be prepared and exchanged?

Current through Register Vol. 24-14, July 15, 2024
(1) When exhibits
			 are offered at any hearing, one copy must be provided for the official file,
			 sufficient copies must be provided for the board (three copies) or hearing
			 officer (one copy), one copy must be provided to the opposing party, and one
			 copy provided for the witness stand.
(2) The parties must arrive at the hearing
			 location at least thirty minutes before the scheduled hearing for the purpose
			 of exchanging exhibits. The parties must premark their exhibits for
			 identification and present copies to the other party and the board's staff
			 before the beginning of the hearing.
(3) The number, scope and timing of exhibits
			 may be limited by the prehearing statement of results.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-235, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-240 - Who may prepare, sign and issue a subpoena?

Current through Register Vol. 24-14, July 15, 2024
(1) Subpoenas may be signed and issued by any
			 member of the board, or the board's designee, or the attorney of record of the
			 party requiring the appearance of the witness.
(2) Parties desiring subpoenas to be signed
			 by a member of the board or the board's designee must prepare subpoenas for
			 issuance and submit the subpoenas for signature at least ten calendar days
			 before a hearing or deposition.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-240, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-245 - What must a subpoena include?

Current through Register Vol. 24-14, July 15, 2024
Every subpoena must name the board and the title of the
				proceedings and must command the person to whom it is directed to attend and
				give testimony or produce designated books, documents, or things under the
				person's control at the specified time and place.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-245, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-250 - How must a subpoena be served?

Current through Register Vol. 24-14, July 15, 2024
(1) Parties requesting subpoenas must make
			 arrangements for and bear the expense of service. It is recommended that all
			 subpoenas be served at least five calendar days before a hearing or
			 deposition.
(2) Subpoenas must be
			 personally served upon the designated individual. The individual where
			 entitled, may demand the fees for one day's attendance and the mileage allowed
			 by law.
(3) A copy of the subpoena
			 must also be provided to the opposing party or the party's representative and
			 to the employer's human resource office.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-250, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-255 - Which discovery procedures must a party follow?

Current through Register Vol. 24-14, July 15, 2024
Parties may use discovery procedures in a manner consistent
				with the civil rules for the superior courts of the state of Washington and as
				provided in any prehearing statement of results or other order of the
				board.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-255, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-260 - When and who may make a motion to quash?

Current through Register Vol. 24-14, July 15, 2024
A party to the appeal or the person to whom the subpoena or
				discovery is directed may make a motion to quash. The motion must be filed at
				least two calendar days following the receipt of a subpoena or discovery
				request.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-260, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-52 - Appeals › Section 357-52-265 - What actions may the board take when a motion to quash is filed?

Current through Register Vol. 24-14, July 15, 2024
When a motion to quash is filed, the board provides notice to
				the party who issued the subpoena or discovery and allow the party to provide a
				response to the motion. After considering the motion and response the board
				may:
(1) Deny the motion;
(2) Grant the motion if the subpoena or
			 discovery is unreasonable or requires evidence not relevant to any matter in
			 issue; or
(3) Modify the contents
			 of the subpoena or scope of the discovery request for just and reasonable
			 cause.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-191,
				  §
										357-52-265, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-005 - What is the key role and accountability for Washington management service employees in state government?

Current through Register Vol. 24-14, July 15, 2024
State managers have a crucial role in ensuring that the public
				receives needed government services in the most efficient and cost-effective
				manner possible. Managers must direct the development and implementation of
				policies and programs that achieve results. Managers must attract, develop, and
				retain a competent, productive workforce in order to successfully carry out
				state programs. Managers must build and sustain a workplace culture that
				focuses on performance and outcomes.
State managers are expected to personally commit to
				demonstrating excellent leadership competencies and achieving programmatic
				results. Also, it is essential that agency leaders hold their managers
				accountable for properly leading and managing their human resources - their
				employees. This includes aligning the workforce with the organization's
				strategic plan, hiring the best qualified staff, creating a productive work
				environment, setting clear performance expectations, providing day-to-day
				feedback and support, developing staff competencies, conducting regular
				performance evaluations, implementing timely and meaningful rewards, and,
				holding employees accountable for successful performance.
The efficiency and effectiveness with which government services
				are delivered to the citizens of Washington state depends largely on the
				quality and productivity of state employees. Each manager has the unique and
				critical responsibility to foster the building of a performance-based culture
				that will enable workforce success.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-068,
				  §
										357-58-005, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-010 - What is the purpose of the Washington management service (WMS) rules?

Current through Register Vol. 24-14, July 15, 2024
The purpose of chapter 357-58 WAC is to establish a system of
				personnel administration called the Washington management service (WMS) as
				authorized in
				RCW
				 41.06.500. Chapter 357-58 WAC comprehensively
				covers the personnel matters relating to WMS positions.
The WMS embodies the concepts of a performance management work
				environment that recognizes competency-based appointments and
				compensation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-068,
				  §
										357-58-010, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-015 - Who is authorized to adopt rules for the WMS?

Current through Register Vol. 24-14, July 15, 2024
The director adopts the WMS rules after consultation with state
				agencies.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-58-015, filed 11/10/11,
				  effective 12/13/11; 05-12-068, §
										357-58-015, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-020 - What are the goals of the WMS rules?

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				RCW
				 41.06.500, the WMS rules must adhere to the
				following goals:
(1) Simplified
			 classification system that facilitates movement of managers between agencies
			 and promotes upward mobility;
(2)
			 Flexibility in setting and changing salaries and a compensation system that is
			 consistent with
			 RCW
			  41.06.500;
(3) Performance appraisal system that
			 emphasizes individual accountability, program results and efficient management
			 of resources, effective planning, organization, and communication skills,
			 valuing and managing workplace diversity, development of leadership and
			 interpersonal abilities, and employee development;
(4) Strengthened management training and
			 career development programs that build critical management competencies,
			 focusing on managing and valuing workplace diversity, empowering employees by
			 enabling them to share in workplace decision making, and to be innovative,
			 willing to take risks, and able to accept and deal with change, promoting a
			 workplace where the overall focus is on the recipient of the government
			 services and how these services can be improved, and enhancing mobility and
			 career advancement opportunities;
(5) Flexibility in recruitment and hiring
			 procedures that enable agencies to compete effectively with other employers,
			 both public and private, for managers with appropriate position-based
			 competencies, leadership skills and training, allowing consideration of all
			 qualified candidates for positions as managers, and achieving affirmative
			 action goals and diversity in the workplace;
(6) Provisions that managers may only be
			 reduced, dismissed, suspended, or demoted for cause;
(7) Facilitation of decentralized and
			 regional administration; and
(8)
			 Ensuring that decisions are not based on patronage or political
			 affiliation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-068,
				  §
										357-58-020, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-025 - Are WMS employees included in the classified service and what rules apply to WMS employees and positions?

Current through Register Vol. 24-14, July 15, 2024
WMS employees are part of the classified service.
Chapter 357-58 WAC applies to classified employees and
				positions that meet the definition of manager in WAC
				357-58-035.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-068,
				  §
										357-58-025, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-027 - Must agencies maintain position descriptions for each WMS position?

Current through Register Vol. 24-14, July 15, 2024
Agencies must maintain a current position description for each
				WMS position.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-043 and
				  11-01-158, §
										357-58-027, filed 11/10/10 and
				  12/22/10, effective 4/1/11.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-028 - Must a standard form be used to describe each WMS position?

Current through Register Vol. 24-14, July 15, 2024
A standard form developed by the director, or an alternate form
				approved by the director, must be used for each WMS position
				description.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-043 and
				  11-01-158, §
										357-58-028, filed 11/10/10 and
				  12/22/10, effective 4/1/11.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-032 - What is the requirement for agencies to develop procedures which address determining inclusion in WMS and evaluating positions for placement within the management bands?

Current through Register Vol. 24-14, July 15, 2024
(1) Each agency
			 must develop a WMS inclusion and evaluation procedure consistent with this
			 chapter and guidelines established by the director's office.
(2) The inclusion and evaluation procedure
			 must be approved by the director.
(3) The procedure must include processes for
			 requesting and determining inclusion and evaluating and reevaluating positions
			 for placement within management bands. The procedure must require, at a
			 minimum:
(a) Appointment of a human resource
			 professional as the agency's WMS coordinator who serves as the single point of
			 contact for the director's office regarding WMS issues.
(b) Use of a form prescribed by the director
			 or an alternate form approved by the director for requests to establish or
			 reevaluate WMS positions.
(c)
			 Approval of the request for inclusion or evaluation by the position's agency
			 head or designee.
(d) Inclusion
			 determination and position evaluation must be performed by a committee of three
			 or more people, which must include:
(i) The
			 agency's WMS coordinator;
(ii) A
			 manager from the agency who has comprehensive knowledge of the agency's
			 business; and
(iii) A management
			 representative from another agency or human resource professional from another
			 agency.
(e) Only those
			 who have successfully completed training may participate on a WMS committee.
			 The training must satisfy the core curriculum as defined by the director's
			 office.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-035 - What is the definition of a manager or managerial employee?

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				RCW
				 41.06.022, a manager or managerial employee
				is defined as the employee of a position that:
(1) Formulates statewide policy or directs
			 the work of an agency or agency subdivision;
(2) Administers one or more statewide
			 policies or programs of an agency or agency subdivision;
(3) Manages, administers and controls a local
			 branch office of an agency or an agency subdivision, including the physical,
			 financial or personnel resources;
(4) Has substantial responsibility in
			 personnel administration, legislative relations, public information or the
			 preparation and administration of budgets; and/or
(5) Functions above the first level of
			 supervision and exercises authority that is not merely routine or clerical in
			 nature and requires the consistent use of independent judgment.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-068,
				  §
										357-58-035, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-040 - Which manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC?

Current through Register Vol. 24-14, July 15, 2024
The following manager positions or managerial employees are
				excluded from WMS and not covered by chapter 357-58 WAC:
(1) Manager positions or managerial employees
			 that are exempt from civil service ;
(2) Manager positions or managerial employees
			 that are included in professional structures; and
(3) Manager positions or managerial employees
			 of institutions of higher education and related boards.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-068,
				  §
										357-58-040, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-042 - What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?

Current through Register Vol. 24-14, July 15, 2024
When an agency has determined that the duties of a position no
				longer meet the definition of manager, found in WAC
				357-58-035,
				and is no longer appropriate in WMS, then provisions of chapter 357-58 WAC no
				longer apply. The WGS rules on reallocation (chapter 357-13 WAC) will apply.
				The employee will retain existing status.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-15-068,
				  §
										357-58-042, filed 7/13/06,
				  effective 8/14/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-045 - Who is covered by the WMS rules?

Current through Register Vol. 24-14, July 15, 2024
Chapter 357-58 WAC applies only to managers and does not apply
				to classified employees in the Washington general service.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-17-059,
				  §
										357-58-045, filed 8/13/09,
				  effective 9/16/09; 05-12-068, §
										357-58-045, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-050 - What chapters of civil service rules apply to WMS positions?

Current through Register Vol. 24-14, July 15, 2024
Other chapters of civil service rules do not apply to WMS
				positions or employees except for the chapters listed below. If a WMS issue is
				identified that the director has not specifically addressed in the adoption of
				the WMS rules, the other civil service rules do not apply or take precedence in
				addressing the issue.
Except where specifically stated otherwise, the following
				chapters apply to positions or employees included in the WMS.
Chapter 357-04 WAC General provisions
Chapter 357-22 WAC Personnel files
Chapter 357-25 WAC Affirmative action program
Chapter 357-26 WAC Reasonable accommodation
Chapter 357-31 WAC Leave
Chapter 357-34 WAC Employee training and development
Chapter 357-37 WAC Performance management
Chapter 357-40 WAC Discipline
Chapter 357-43 WAC Employee business units
Chapter 357-52 WAC Appeals
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-58-050, filed 11/10/11,
				  effective 12/13/11; 10-11-076, §
										357-58-050, filed 5/14/10,
				  effective 6/15/10; 05-12-068, §
										357-58-050, filed 5/27/05,
				  effective 7/1/05.