reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-130 - Enforcement hearings (adjudicative proceedings)-Depositions and interrogatories- Right to take

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise provided, any party may take the testimony of
				any person, including a party, by deposition upon oral examination or written
				interrogatories for use as evidence in the hearing. The deposition of a
				commissioner, the executive director, or other staff, may only be taken upon
				application to the commission, for good cause shown, and only in those
				circumstances where the statements or depositions of other staff members would
				not reveal the information, evidence, or details needed by the party for the
				case. The attendance of witnesses to a deposition may be compelled by use of a
				subpoena. Depositions shall be taken only in accordance with this rule and the
				rules on subpoenas.
Statutory Authority: RCW  42.17.370. 03-22-065, §
				  390-37-130, filed 11/4/03, effective 12/5/03; 91-16-072, § 390-37-130,
				  filed 8/2/91, effective 9/2/91.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-132 - Enforcement hearings (adjudicative proceedings) - Depositions - Notice

Current through Register Vol. 24-14, July 15, 2024
A party desiring to take the deposition of any person upon
				oral examination shall give reasonable notice of not less than five business
				days in writing to the commission and all parties. The notice shall state the
				time and place for taking the deposition and the name and address of each
				person to be examined. On motion of a party to whom the notice is served, the
				commission or its hearing officer may, for cause shown, enlarge or shorten the
				time. If the parties so stipulate in writing, depositions may be taken at any
				time or place, upon any notice, and in any manner and when so taken may be used
				as other depositions.
Statutory Authority: RCW  42.17.370. 03-22-065, §
				  390-37-132, filed 11/4/03, effective 12/5/03; 91-16-072, § 390-37-132,
				  filed 8/2/91, effective 9/2/91.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-134 - Enforcement hearings (adjudicative proceedings)-Depositions and interrogatories -Protection of parties and deponents

Current through Register Vol. 24-14, July 15, 2024
After notice is served for taking a deposition, upon its own
				motion or upon motion reasonably made by any party or by the person to be
				examined and upon notice and for good cause shown, the commission or the
				presiding officer in a prehearing conference may make an order that the
				deposition shall not be taken, or that it may be taken only at some designated
				place other than that stated in the notice, or that it may be taken only on
				written interrogatories, or that certain matters shall not be inquired into, or
				that the scope of the examination shall be limited to certain matters, or that
				the examination shall be held with no one present except the parties to the
				action and their officers or counsel, or the commission may make any other
				order which justice requires to protect the party or witness from annoyance,
				embarrassment, or oppression. At any time during the taking of the deposition,
				on motion of any party or the deponent, and upon a showing that the examination
				is being conducted in bad faith or in such manner as unreasonably to annoy,
				embarrass, or oppress the deponent or party, the commission or the presiding
				officer in a prehearing conference may order the officer conducting the
				examination to cease forthwith from taking the deposition or may limit the
				scope and manner of the taking of the deposition as above provided. If the
				order made terminates the examination, it shall be resumed only upon the order
				of the agency. Upon demand of the objecting party or deponent, the taking of
				the deposition shall be suspended for the time necessary to make a motion for
				an order.
Statutory Authority: RCW  42.17.370. 03-18-003, §
				  390-37-134, filed 8/20/03, effective 9/20/03; 91-16-072, § 390-37-134,
				  filed 8/2/91, effective 9/2/91.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-136 - Enforcement hearings (adjudicative proceedings)-Production of documents and use at hearing and other hearing procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Unless a prehearing order states
			 otherwise, the provisions of this rule apply to evidence and written argument
			 (legal briefs) filed and served in hearings (adjudicative proceedings). Parties
			 or the executive director may request a prehearing conference if provisions of
			 this rule need to be adjusted or if the provisions are not adhered to by the
			 parties.
(2) The parties are
			 encouraged to exchange copies of proposed exhibits, exhibit lists and witness
			 lists prior to the deadline specified in subsection (3)(a) of this section. The
			 parties are encouraged to exchange documents by email whenever possible. The
			 parties are encouraged to confer and determine whether there are any objections
			 to the evidence and whether any agreements or stipulations can be reached
			 regarding proposed exhibits, witnesses, and legal and factual issues.
(3)
(a)
			 Unless the commission determines otherwise, when evidence is to be offered at
			 the adjudicative proceeding or when briefs are to be submitted at the
			 adjudicative proceeding, the party offering the evidence or brief shall file
			 with the commission and serve on all parties a copy of proposed exhibits,
			 exhibit lists, witness lists, and briefs with the commission via an email to
			 the executive director or his or her designee by the date and time designated
			 by the executive director or designee, which is typically by 1:00 p.m. Pacific
			 Time at least eight days prior to the hearing. The email shall provide the name
			 of the party submitting the documents, the total number of pages, the software
			 used to prepare the document, and the name, address, telephone number and email
			 address of the person sending the email message.
(b) In the event electronic submission is not
			 readily available to a
pro se
respondent or the evidence is not
			 suited to email transmission, other means of providing these materials to the
			 commission may be approved by the chair or the executive director, or their
			 designees if requested in advance of the date and time in (a) of this
			 subsection.
(c) The parties shall
			 confirm in advance with the executive director that any documents provided
			 electronically are able to be accessed by software available at the agency. If
			 they are not accessible, the executive director shall direct how the documents
			 are to be submitted.
(d) The
			 documents are considered filed when received during actual business hours at
			 the commission office. If received after actual business hours, they will be
			 deemed filed the next business day.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-140 - Brief enforcement hearings (brief adjudicative proceedings)-Authority

Current through Register Vol. 24-14, July 15, 2024
(1) The commission may
			 provide a brief adjudicative proceeding for violations in which the facts are
			 undisputed, the violations appear to be relatively minor in nature, and a
			 penalty no greater than $1,000 will be assessed for the violations. Typical
			 matters to be heard in a brief adjudicative proceeding include, but are not
			 limited to, the following:
(a) Failure to
			 file or late filing of required reports;
(b) Failure to report or accurately report
			 campaign contributions or expenditures or funds spent in lobbying;
(c) Use of public office facilities in
			 election campaigns when the value of public funds expended was minimal;
			 and
(d) Infractions of political
			 advertising law regarding sponsor identification or political party
			 identification.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-142 - Brief enforcement hearing (brief adjudicative proceeding)-Procedure

Current through Register Vol. 24-14, July 15, 2024
(1) A brief
			 adjudicative proceeding may be presided over by the chair, or a member of the
			 commission designated by the chair.
(2) When a violation, as described in WAC
			 390-37-140,
			 is alleged, before taking action, the executive director shall send the
			 respondent notice, which shall include:
(a)
			 Alleged violation;
(b) The maximum
			 amount of the penalty that can be imposed at the hearing, relevant penalty
			 schedules, and the amount of any proposed fine; and
(c) Person's right to respond either by
			 electronic writing or in person.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-144 - Brief enforcement hearing (brief adjudicative proceedings)-Process for full commission review

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The commission shall conduct a review of the initial order upon the electronic
			 written request of a party if the commission receives the request within
			 twenty-one days after the service of the initial order. "Service" is defined as
			 the date the order was deposited in the U.S. mail per
			 RCW
			  34.05.010(19),
			 electronically distributed or personally served. The party seeking review shall
			 state the reason for the review, and identify what alleged errors are contained
			 in the initial order.
(2) If a
			 party has not requested review, the commission may conduct a review of the
			 initial order upon its own motion and without notice to the parties, but it may
			 not take any action on review less favorable to any party than the original
			 order without giving that party notice and an opportunity to explain that
			 party's view of the matter.
(3) The
			 order on review shall be by electronic writing stating the findings made, and
			 the reasons for the decision, and notice that reconsideration and judicial
			 review are available. The order on review shall be entered within twenty days
			 after the date of the initial order or of the request for review, whichever is
			 later.
(4) If the commission is not
			 scheduled to meet within twenty days after the date of the initial order or
			 request for review and therefore cannot dispose of the request within that time
			 period, the request is:
(a) Deemed denied
			 under
			 RCW
			  34.05.491(5) and the initial
			 order becomes final;
(b) Considered
			 a request for reconsideration under WAC
			 390-37-150;
			 and
(c) Scheduled for consideration
			 and disposition at the next commission meeting at which it is practicable to do
			 so.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-150 - Commission reconsideration and judicial review of decisions

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of
			 this rule, "decision" means any findings, conclusions, order, or other action
			 by the commission which is reviewable by a court.
(2) A decision may be reconsidered only upon
			 (a) the request of a party by electronic writing or (b) the motion or written
			 request, by electronic writing, of a commissioner who voted on the prevailing
			 side when that decision was made.
(3) Such a request or motion for
			 reconsideration shall be filed electronically at the office of the public
			 disclosure commission (PDC), or motion made, within ten days of service of the
			 decision of which reconsideration is sought. Copies of the request or motion
			 shall be served electronically on all parties of record at the time the request
			 for reconsideration or motion is filed.
(4) A request or motion for reconsideration
			 shall specify the grounds therefor. Grounds for reconsideration shall be
			 limited to:
(a) A request for review was
			 deemed denied in accordance with WAC
			 390-37-144(4);
(b) New facts or legal authorities that could
			 not have been brought to the commission's attention with reasonable diligence
			 in time for the review process in WAC
			 390-37-144.
			 If errors of fact are alleged, the requester must identify the specific
			 evidence in the prior proceeding on which the requester is relying. If errors
			 of law are alleged, the requester must identify the specific citation;
			 or
(c) Significant typographical or
			 ministerial errors in the order.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-155 - Electronic filing brief enforcement hearing penalty schedule (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.370. 03-22-065, §
				  390-37-155, filed 11/4/03, effective
				  12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-160 - Statement of financial affairs (F-1) penalty schedule (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.370. 05-04-038, §
				  390-37-160, filed 1/27/05, effective 2/27/05; 03-22-065, § 390-37-160,
				  filed 11/4/03, effective 12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-165 - Candidate registration statement (C-1)/candidate statement of financial affairs (F-1) penalty schedule (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.370. 05-04-038, §
				  390-37-165, filed 1/27/05, effective 2/27/05; 03-22-065, § 390-37-165,
				  filed 11/4/03, effective 12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-170 - Lobbyist monthly expense report (L-2) penalty schedule (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.370. 05-04-038, §
				  390-37-170, filed 1/27/05, effective 2/27/05; 03-22-065, § 390-37-170,
				  filed 11/4/03, effective 12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-175 - Lobbyist employer report (L-3) penalty schedule (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.370. 05-04-038, §
				  390-37-175, filed 1/27/05, effective 2/27/05; 03-22-065, § 390-37-175,
				  filed 11/4/03, effective 12/5/03.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-001 - Application and scope

Current through Register Vol. 24-14, July 15, 2024
The purpose of chapter 391-08 WAC is to provide comprehensive
				and uniform rules of practice and procedure before the agency. This chapter
				sets forth general rules applicable to all types of proceedings before the
				agency.
To the extent these rules of practice and procedure differ from
				the model rules adopted by the chief administrative law judge under
				RCW
				 34.05.250 and found in chapter 10-08 WAC,
				these rules prevail.
If a conflict arises between a general rule in this chapter
				and a special rule in another chapter applicable to a particular proceeding,
				the special rule governs.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060, and
				  49.39.060. 12-05-066, §
										391-08-001, filed 2/15/12,
				  effective 3/17/12. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060, and
				  49.39.060. 10-20-172, §
										391-08-001, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060. 03-03-064, §
										391-08-001, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 01-14-009, §
										391-08-001, filed 6/22/01,
				  effective 8/1/01; 00-14-048, §
										391-08-001, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-08-001, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-08-001, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-001, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-031 (Order
				  83-01), §
										391-08-001, filed 12/1/83,
				  effective 1/1/84. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-045
				  (Order 80-4), §
										391-08-001, filed 9/30/80,
				  effective 11/1/80; Order 77-1, §
										391-08-001, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-003 - Policy-Construction-Waiver

Current through Register Vol. 24-14, July 15, 2024
The policy of the state being primarily to promote peace in
				labor relations, these rules and all other rules adopted by the commission are
				liberally construed to effectuate the purposes and provisions of the statutes
				administered by the agency. Nothing in any rule prevents the agency from using
				its best efforts to adjust any labor dispute. The agency may waive any
				requirement of the rules unless a party shows that it would be prejudiced by a
				waiver.
Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.005(1).
				  90-06-070, §
										391-08-003, filed 3/7/90,
				  effective 4/7/90; Order 77-1, §
										391-08-003, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-007 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in Title 391 WAC:
(1) "Agency" means the public employment
			 relations commission, its officers, and its agents;
(2) "Commission" means the commissioners of
			 the public employment relations commission appointed by the governor;
(3) "Executive director" means the officer of
			 that title appointed by the commission under
			 RCW
			  41.58.015(2);
(4) "Labor dispute" means any controversy
			 concerning terms or conditions of employment or concerning the association or
			 representation of persons in negotiating, fixing, maintaining, changing, or
			 seeking to arrange terms or conditions of employment, regardless of whether or
			 not the disputants stand in the proximate relation of employer and
			 employee.
(5) "Presiding officer"
			 means an agency official, examiner, or hearing officer.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060, and
				  49.39.060. 12-05-066, §
										391-08-007, filed 2/15/12,
				  effective 3/17/12. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-007, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-031 (Order
				  83-01), §
										391-08-007, filed 12/1/83,
				  effective 1/1/84. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-045
				  (Order 80-4), §
										391-08-007, filed 9/30/80,
				  effective 11/1/80; Order 77-1, §
										391-08-007, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-008 - Agency structure

Current through Register Vol. 24-14, July 15, 2024
(1) The agency
			 maintains an impartial role in all proceedings pending before it.
(2) The commission consists of three citizen
			 members appointed by the governor with the advice and consent of the senate
			 under RCW
			  41.58.010. Commission members serve on a
			 part-time basis only. All commission members represent the interests of the
			 public. The commission reserves to itself a policy-making and appellate
			 function.
(3) The executive
			 director appointed by the commission under
			 RCW
			  41.58.015(2) is the
			 full-time agency head with authority to act in administrative and personnel
			 matters. Authority is also delegated to the executive director to make
			 substantive decisions in certain types of cases.
(4) The agency's staff is appointed under
			 RCW
			  41.58.015(3). Individual
			 members of the agency's staff are assigned to conduct any or all of the types
			 of dispute resolution services provided by the agency.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-010 - Who may appear before the agency-Notice of appearance

Current through Register Vol. 24-14, July 15, 2024
(1) Any of the following may appear in a
			 representative capacity before the agency
(a)
			 A bona fide officer, employee, or other authorized representative of (i) any
			 employer subject to the jurisdiction of the agency or (ii) any employee
			 organization; or
(b) An individual
			 or their authorized representative.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-020 - Appearance and practice before agency-Standards of conduct

Current through Register Vol. 24-14, July 15, 2024
Misconduct at any hearing conducted by the agency is grounds
				for suspension or exclusion from appearing before the agency after due notice
				and hearing.
Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-020, filed 3/7/90,
				  effective 4/7/90; Order 77-1, §
										391-08-020, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-030 - Appearance and practice before agency-Former employee of agency or former member of attorney general's staff as representative

Current through Register Vol. 24-14, July 15, 2024
A former member of the commission, former employee of the
				agency, or former member of the attorney general's staff assigned to represent
				the agency may not, at any time after severing employment with the agency or
				with the attorney general, appear in a representative capacity on behalf of any
				party in connection with any case or proceeding in which that person
				participated personally or substantially during the time of employment with the
				agency or attorney general.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 96-07-105, §
										391-08-030, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-030, filed 3/7/90,
				  effective 4/7/90; Order 77-1, §
										391-08-030, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-040 - Appearance and practice before agency-Former employee or former member of attorney general's staff as witness

Current through Register Vol. 24-14, July 15, 2024
Except upon the express written consent of the agency, a former
				member of the commission, former employee of the agency, or former member of
				the attorney general's staff assigned to represent the agency may not, at any
				time after severing employment with the agency or with the attorney general,
				appear as a witness on behalf of any party in connection with any case or
				proceeding in which that person participated personally or substantially during
				the time of employment with the agency or attorney general.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 96-07-105, §
										391-08-040, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-040, filed 3/7/90,
				  effective 4/7/90; Order 77-1, §
										391-08-040, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-100 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
In computing any period of time prescribed or allowed by any
				applicable statute or rule, the day of the act, event, or default after which
				the designated period of time begins to run is not included. The last day of
				the period so computed is included, unless it is a Saturday, Sunday, or legal
				holiday, in which event the period runs until the end of the next day that is
				not a Saturday, Sunday, or legal holiday. When the period of time prescribed or
				allowed is less than seven days, intermediate Saturdays, Sundays, and legal
				holidays are excluded from the computation.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 98-14-112, §
										391-08-100, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-100, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-031 (Order
				  83-01), §
										391-08-100, filed 12/1/83,
				  effective 1/1/84; Order 77-1, §
										391-08-100, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-120 - Filing and service of documents

Current through Register Vol. 24-14, July 15, 2024
(1) The agency
			 will post on its website at
www.perc.wa.gov
information for filing using the
			 agency's e-filing system, the email address for filing by email, the mailing
			 address for filing by mail, and the street address for filing by personal
			 delivery.
(2) Documents may be
			 filed with the agency by one of the following methods:
(a) E-filing on the agency's website at
www.perc.wa.gov
;
(b) Email to filing@perc.wa.gov;
(c) First class, registered, or certified
			 mail to the agency's Olympia mailing address;
(d) Commercial parcel delivery to the
			 agency's Olympia office;
(e) Hand
			 delivery to the agency's Olympia office; or
(f) Other methods posted on the agency
			 website at
www.perc.wa.gov
.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-155 - Adjudicative proceedings-Dispositive prehearing motions

Current through Register Vol. 24-14, July 15, 2024
Unless controlled by WAC
				391-08-180,
				391-25-170,
				391-25-190,
				391-45-070,
				391-45-210, or
				391-45-250, all prehearing
				motions must be made in writing and filed and served on all parties of record
				in accordance with WAC
				391-08-120.
(1) When a hearing date(s) has not been
			 established, dispositive prehearing motions may be filed at any time after the
			 answer has been filed. The presiding officer shall establish a schedule for any
			 non-moving party to respond to the motion and for the moving party to file a
			 brief in reply to the response(s).
(2) If a hearing date(s) has been
			 established, all dispositive prehearing motions must be filed with the
			 presiding officer at least 65 days before the first hearing date, unless the
			 presiding officer deems the time frame waivable for good cause shown.
(a) When a dispositive prehearing motion is
			 filed, any nonmoving party may file and serve a response to the motion within
			 21 days from the date on which the motion was filed.
(b) When a response to the dispositive
			 prehearing motion is filed, the moving party may file and serve a reply to the
			 response within seven days from the date on which the response was
			 filed.
(c) The presiding officer
			 must rule on or respond to the motion at least 21 days before the first hearing
			 date.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-180 - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) Postponements,
			 continuances, extensions of time, and adjournments may be ordered on the
			 presiding officer's own motion or may be granted on the timely request of any
			 party, with notice to all other parties, if the party shows good
			 cause.
(2) A request for a
			 continuance may be oral or written. The party seeking the continuance shall
			 notify all other parties of the request. The request for a continuance must
			 state whether or not all other parties agree to the continuance.
If all parties do not agree to the continuance, the presiding
				officer shall promptly schedule a prehearing conference or request written
				submissions to receive argument and to rule on the request.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050. 00-14-048, §
										391-08-180, filed 6/30/00,
				  effective 8/1/00; 98-14-112, §
										391-08-180, filed 7/1/98,
				  effective 8/1/98; 96-07-105, §
										391-08-180, filed 3/20/96,
				  effective 4/20/96. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08 and 53.18 RCW. 90-06-070,
				  §
										391-08-180, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-031 (Order
				  83-01), §
										391-08-180, filed 12/1/83,
				  effective 1/1/84. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.040,
				  41.58.050,
				  41.59.110 and 47.64.040. 80-14-045
				  (Order 80-4), §
										391-08-180, filed 9/30/80,
				  effective 11/1/80; Order 77-1, §
										391-08-180, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-190 - Prefiling of collective bargaining agreements

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080. 08-04-059, §
										391-08-190, filed 1/31/08,
				  effective 4/1/08.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-300 - Discovery

Current through Register Vol. 24-14, July 15, 2024
Under the authority delegated to the agency by
				RCW
				 34.05.446(2), prehearing
				discovery is not available in proceedings before the agency.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  34.05.446. 98-14-112, §
										391-08-300, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045(3),
				  28B.52.060, 41.56.060,
				  41.56.122(1),
				  41.56.170,
				  41.59.080,
				  41.59.100 and
				  41.59.150. 90-06-070, §
										391-08-300, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-031 (Order
				  83-01), §
										391-08-300, filed 12/1/83,
				  effective 1/1/84; Order 77-1, §
										391-08-300, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-310 - Subpoenas-Form-Issuance to parties

Current through Register Vol. 24-14, July 15, 2024
The power of subpoena is limited to compelling the testimony of
				witnesses and production of documents or other tangible evidence at hearings
				conducted by the agency.
(1) Every
			 subpoena must:
(a) State the name of the
			 agency as state of Washington, public employment relations
			 commission;
(b) State the title of
			 the proceeding and case number; and
(c) Identify the party causing issuance of
			 the subpoena.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-315 - Interpreters

Current through Register Vol. 24-14, July 15, 2024
(1) For all
			 adjudicative proceedings under the Administrative Procedure Act (cases under
			 chapters 391-25, 391-35, and 391-45 WAC), the provisions of WAC
			 10-08-150 apply.
(2) For all cases that are not adjudicative
			 proceedings under the Administrative Procedure Act (cases under chapters 391-55
			 and 391-65 WAC), the provisions of WAC
			 10-08-150 apply, except that all
			 interpreter fees and expenses must be paid by the party that requests the
			 participation of an impaired person as defined in chapter 2.42 RCW or a
			 non-English-speaking person as defined in chapter 2.43 RCW.
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  2.42.120 and
				  2.43.030. 98-14-112, §
										391-08-315, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045(3),
				  28B.52.060, 41.56.060,
				  41.56.122(1),
				  41.56.170,
				  41.59.080,
				  41.59.100, 41.59.150 and
				  chapter
				  2.42 RCW. 90-06-070, §
										391-08-315, filed 3/7/90,
				  effective 4/7/90.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-520 - Declaratory orders

Current through Register Vol. 24-14, July 15, 2024
Any person may petition the commission for a declaratory order
				under RCW
				 34.05.240 with respect to the applicability
				to specified circumstances of a rule, order, or statute enforceable by the
				agency. For purposes of this section, the term person includes natural persons,
				employee organizations, and employers.
(1) A petition for a declaratory order must
			 generally adhere to the following form:
(a)
			 At the top of the page must appear the wording "Before the Public Employment
			 Relations Commission," a caption setting out "In the Matter of the Petition of
			 (name of petitioner to be inserted) for a Declaratory Order," and the title
			 "Petition."
(b) The body of the
			 petition must set out, in numbered paragraphs:
(i) The name, email address, and mailing
			 address of the petitioner and of the petitioner's representative, if
			 any;
(ii) The name(s), email
			 address(es), and mailing address(es) of any other party that the petitioner
			 seeks to have bound by any declaratory order issued by the commission, and the
			 name(s), email address(es), and mailing address(es) of those parties'
			 representatives, if known;
(iii)
			 The rule(s), order(s), or statute(s) from which the controversy
			 arises;
(iv) The facts that the
			 petitioner wishes the commission to consider;
(v) The issues that the petitioner wishes the
			 commission to address;
(vi) The
			 relief requested by the petitioner; and
(vii) The reasons on which the petitioner
			 relies to show that uncertainty necessitating resolution exists; there is
			 actual controversy arising from the uncertainty such that a declaratory order
			 will not be merely an advisory opinion; the uncertainty adversely affects the
			 petitioner; and the adverse effect of uncertainty on the petitioner outweighs
			 any adverse effects on others or on the general public that may likely arise
			 from the order requested.
(c) The petition must be filed and served as
			 required by WAC
			 391-08-120.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-610 - Agency decisions-Service

Current through Register Vol. 24-14, July 15, 2024
Every final order issued by the agency must be served on each
				party or upon the agency designated by the party or by law to receive service
				of documents; and a copy must be furnished to any counsel or person appearing
				for a party in a representative capacity.
Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.045(3),
				  28B.52.060,
				  41.56.060,
				  41.56.122(1),
				  41.56.170,
				  41.59.080,
				  41.59.100 and
				  41.59.150. 90-06-070, §
										391-08-610, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 83-24-031 (Order
				  83-01), §
										391-08-610, filed 12/1/83,
				  effective 1/1/84; Order 77-1, §
										391-08-610, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-630 - Agency structure - Substitution for executive director

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060, and
				  49.39.060. 12-05-066, §
										391-08-630, filed 2/15/12,
				  effective 3/17/12. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.06.340,
				  41.76.060,
				  41.58.010 and [41.58].015.
				  03-03-064, §
										391-08-630, filed 1/14/03,
				  effective 2/14/03. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  41.58.010 and
				  41.58.015. 98-14-112, §
										391-08-630, filed 7/1/98,
				  effective 8/1/98; 90-06-070, §
										391-08-630, filed 3/7/90,
				  effective 4/7/90. Statutory Authority: RCW 34.04.022,
				  
											41.58.050,
				  41.56.090,
				  41.59.110 and
				  28B.52.080. 85-19-059 (Resolution
				  No. 85-01), §
										391-08-630, filed
				  9/16/85.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-640 - Amicus briefs-Commission review

Current through Register Vol. 24-14, July 15, 2024
(1) The commission
			 will only consider amicus briefs filed in conformity with this subsection.
(a) The person or organization desiring to
			 file an amicus brief must:
(i) Obtain a copy
			 of the decision on appeal, the notice of appeal, and the briefs of the
			 parties;
(ii) Limit any amicus
			 brief to particular issues on appeal;
(iii) Limit any legal analysis to arguments
			 that differ from those advanced by the parties;
(iv) Exclude restatement or reargument of the
			 facts, except as necessary to legal arguments under (a)(iii) of this
			 subsection;
(v) Limit any amicus
			 brief to 25 pages in total length (double-spaced, 12-point type); and
(vi) File the amicus brief with the
			 commission within 14 days following the filing and service of the parties'
			 briefs and serve copies of the amicus brief on each of the original parties to
			 the case.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-650 - Case docketing and numbering

Current through Register Vol. 24-14, July 15, 2024
The agency maintains a case docketing and numbering system that
				tracks and manages all requests for dispute resolution services.
(1) Each case is assigned an alphanumeric
			 identifier that includes a unique sequential number, an alphabetic letter
			 signifying the type of dispute being processed, and a number indicating the
			 calendar year in which the case was filed.
(2) Cases involving various departments or
			 divisions of an employer entity are docketed under the name of the employer
			 entity.
(3) Cases filed by an
			 employee organization are docketed under the name of the organization, even if
			 employees represented by that organization are named individually in the
			 pleadings or are affected by the outcome of the proceedings.
(4) Cases filed by two or more individual
			 employees are docketed separately for each employee.
(5) Cases filed by an individual employee
			 involving multiple respondents are docketed separately for each
			 respondent.
Statutory Authority:
				  RCW
				   28B.52.080,
				  34.05.220,
				  41.56.090,
				  41.58.050, 41.58.065,
				  41.59.110,
				  41.76.060, and
				  49.39.060. 12-05-066, §
										391-08-650, filed 2/15/12,
				  effective 3/17/12. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050 and
				  34.05.220. 96-07-105, §
										391-08-650, filed 3/20/96,
				  effective 4/20/96.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-670 - Decision numbering-Citation of cases-Indexing of decisions

Current through Register Vol. 24-14, July 15, 2024
(1) Each decision issued by the agency in an
			 adjudicative proceeding under the Administrative Procedure Act is assigned a
			 unique number consisting of three or four components, as follows:
(a) The first component is a number and
			 indicates the sequential number of adjudicative proceedings in which one or
			 more decisions has been issued since the agency began operations on January 1,
			 1976.
(b) The second component
			 (where appropriate) is a letter in consecutive alphabetical order and indicates
			 the second and subsequent decisions issued in the case.
(c) The third component is a group of four
			 alphabetical letters that indicates the statute under which the decision was
			 issued:
"CCOL" - Chapter 28B.52 RCW (Collective Bargaining-Academic
				Personnel in Community Colleges).
"EDUC" - Chapter 41.59 RCW (Educational Employment Relations
				Act).
"FCBA" - Chapter 41.76 RCW (Public Four-Year Institutions of
				Higher Education-Faculty Labor Relations).
"MRNE" - Chapter 47.64 RCW (Marine Employees- Public Employment
				Relations).
"PECB" - Chapter 41.56 RCW (Public Employees' Collective
				Bargaining Act), including some cases involving port districts.
"PORT" - Chapter 53.18 RCW (Employment Relations-Collective
				Bargaining and Arbitration), relating to port districts.
"PRIV" - Chapter 49.08 RCW, relating to private sector
				employers and employees.
"PSRA" -Chapter 41.80 RCW (Personnel System Reform Act).
(d) The fourth component is the
			 year in which the decision was issued.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-800 - Agency records-Public records officer-Contact information

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.58.050,
				  41.59.110,
				  41.76.060,
				  41.80.080,
				  42.56.040, and
				  49.39.060. 10-20-172, §
										391-08-800, filed 10/6/10,
				  effective 11/6/10. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  34.05.220 and
				  34.05.476. 98-14-112, §
										391-08-800, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090 and
				  41.59.110 and chapters 28B.52,
				  41.56, 41.58,
				  41.59,
				  49.08, 53.18 and 42.17 RCW.
				  90-06-070, §
										391-08-800, filed 3/7/90,
				  effective 4/7/90; Order 77-1, §
										391-08-800, filed
				  1/27/77.
Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-08 - Rules of practice and procedure Public employment relations commission › Section 391-08-810 - Agency records - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110,
				  41.58.050,
				  28B.52.060,
				  41.56.070,
				  41.56.100,
				  41.56.440,
				  41.58.020,
				  41.59.120 and
				  49.08.010. 99-14-060, §
										391-08-810, filed 7/1/99,
				  effective 8/1/99. Statutory Authority:
				  RCW
				   28B.52.080,
				  41.56.090,
				  41.59.110 and
				  41.58.050. 98-14-112, §
										391-08-810, filed 7/1/98,
				  effective 8/1/98. Statutory Authority:
				  RCW
				   41.58.050,
				  28B.52.080,
				  41.56.090,
				  41.59.110,
				  28B.52.060,
				  41.56.070,
				  41.56.100,
				  41.56.440,
				  41.58.020,
				  41.59.120 and
				  49.08.010. 90-06-070, §
										391-08-810, filed 3/7/90,
				  effective 4/7/90; Order 77-1, §
										391-08-810, filed
				  1/27/77.