reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-276 - Access to public records › Section 490-276-110 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.
(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the executive director of the board, or his or her designee.
(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the executive director of the board, or his or her designee, shall complete such review.
(4) During the course of the review the executive director, or his or her designee, shall consider the obligations of the board to comply with the intent of chapter 42.17 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW  42.17.310 or other pertinent statutes, and the provisions of the statute which require the board to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.
Statutory Authority: Chapter 28C.18 RCW. 93-06-005, §
										490-276-110, filed 2/18/93, effective 2/18/93.
Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-276 - Access to public records › Section 490-276-120 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
Requests for public records shall be made at the administrative office of the board in Olympia, Washington. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 490-276-090.
Statutory Authority: Chapter 28C.18 RCW. 93-06-005, §
										490-276-120, filed 2/18/93, effective 2/18/93.
Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-276 - Access to public records › Section 490-276-130 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The board has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated after September 1, 1991:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statute, and the constitution which have been adopted by the agency;
(c) Administrative staff manuals and instructions to staff that affect a member of the public;
(d) Planning policies and goals, and interim and final planning decisions;
(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-276 - Access to public records › Section 490-276-140 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
The agency has adopted and makes available a form for use by all persons requesting inspection and/or copying or copies of its public records. The form is available in the administrative office of the workforce training and education coordinating board in Olympia.
Statutory Authority: Chapter 28C.18 RCW. 93-06-005, §
										490-276-140, filed 2/18/93, effective 2/18/93.
Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-325A - State Environmental Policy Act rules › Section 490-325A-010 - Implementation of State Environmental Policy Act

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be the policy of the workforce training and education coordinating board that all actions taken by the board shall comply with the provisions of chapter 43.21C RCW (the State Environmental Policy Act), chapters 197-11 and 132-24 WAC.
(2) The executive director of the board, or his or her designee, shall be responsible for administering and implementing this policy.
Statutory Authority: Chapters 43.12C, 28C.18 RCW and chapters 197-11 and 132-34 WAC. 93-22-033, §
										490-325A-010, filed 10/28/93, effective 10/28/93.
Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-800 - Private vocational school regulations › Section 490-800-255 - Readoption/recodification

Current through Register Vol. 24-14, July 15, 2024
This chapter is readopted and recodified under the same section numbers but under a new chapter, chapter 490-100 [490-105] WAC. Chapter 490-800 WAC is repealed.
Statutory Authority: Chapter 28C.10 RCW. 91-01-056, §
										490-800-255, filed 12/13/90, effective 12/13/90.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-03 - Membership and participation requirements › Section 491-03-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth the qualifications necessary to be a
				participant/member in the volunteer firefighters' and reserve officers' relief
				and pension principal fund.
Statutory Authority:
				  RCW 41.24.290. 09-06-060, §
										491-03-010,
				  filed 2/27/09, effective 7/1/09.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-03 - Membership and participation requirements › Section 491-03-020 - What duties within a municipality qualify me for participation/membership in the board for volunteer firefighters' and reserve officers' relief and pension principal fund?

Current through Register Vol. 24-14, July 15, 2024
If you are a member of a municipality as a volunteer
				firefighter or reserve officer who does not qualify for PERS or LEOFF (for
				their volunteer duties only), and if:
(1)
Reserve officers:
(a) You are a reserve officer only if you are
			 certified by the Washington state criminal justice training commission under
			 chapter 43.101 RCW, and a commissioned member of a municipality as a:
(i) Reserve city police officer;
(ii) Reserve town or deputy
			 marshal;
(iii) Reserve deputy
			 sheriff.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-03 - Membership and participation requirements › Section 491-03-030 - What level of activities do I have to participate in to be eligible for participation/membership in the volunteer firefighters' and reserve officers' pension?

Current through Register Vol. 24-14, July 15, 2024
All departments are required to develop volunteer participation
				requirements that meet or exceed the participation requirements as set by the
				state board. If a department does not develop their own requirements, the board
				requirements will be in effect.
(1)
			 The board requires that all volunteers:
(a)
			 Attend a minimum of ten percent, or twenty hours, of all drills and/or training
			 annually, whichever is less.
(b)
			 Respond to a minimum of ten percent of all calls at the member's assigned
			 station or twenty-four calls annually, whichever is less; or ninety-six hours
			 of standby time annually.
For the purposes of this section, standby time means time that
				the volunteer is assigned to be near at hand and ready to respond to emergency
				calls immediately. A volunteer who merely carries a cellular telephone, pager,
				or similar device is not considered to be in standby status.
(c) Meet the requirements to be a qualified
			 member under WAC
			 491-03-020.
(d) Be certified as having met the standards
			 by the local board chair and by the fire chief, police chief, or sheriff
			 annually on the board for volunteer firefighters and reserve officers provided
			 forms.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth the steps that are necessary to file
				an appeal of a local board or state board staff decision.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-010, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-010, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-020 - Who is allowed to file a request for an appeal of a decision?

Current through Register Vol. 24-14, July 15, 2024
You are allowed to file a request for an appeal if you
				are;
(1) The benefit recipient
			 directly affected by the decision; or
(2) Legal counsel for the benefit recipient
			 directly affected by the decision.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-020, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-020, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-030 - What is the time limitation for filing a request for an appeal?

Current through Register Vol. 24-14, July 15, 2024
All requests must be filed with the state board within ninety
				(90) calendar days of the decision mailing date.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-030, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-030, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-040 - Am I required to have a legal counsel?

Current through Register Vol. 24-14, July 15, 2024
An attorney may represent you, but one is not required. The
				appeals process can be complicated and is conducted more like a court trial, so
				this should be considered when deciding to represent
				yourself.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-040, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-040, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-050 - Where are requests for an appeal filed?

Current through Register Vol. 24-14, July 15, 2024
All requests must be made in writing with the state board at
				its office in Olympia, Washington.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-050, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-050, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-060 - What methods of filing are acceptable?

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise provided by statute or these rules, any
				written communication may be filed with the board personally, by mail, by
				facsimile, or by email before or on the date such filing is due. Any notices of
				appeal that fail to comply with the board's filing requirements may be rejected
				by the board. The board must notify the filing party of the rejection.
(1)
Filing personally.
To file
			 written communication personally, the documents must be delivered to an
			 employee of the board at the board's office in Olympia, Washington during
			 regular office hours.
(2)
Filing by mail.
To file written communication by mail, the
			 documentation must be deposited in the United States Mail, properly addressed
			 to the board's offices in Olympia, Washington, and with all postage prepaid.
			 Where a statute or rule imposes a time limitation for filing the written
			 communication, the party filing the same should include a certification
			 demonstrating the date filing was perfected as provided under this subsection.
			 Unless evidence is presented to the contrary, the date of the United States
			 postal service postmark shall be presumed to be the date the written
			 communication was mailed to the board.
(3)
Filing by telephone
			 facsimile.
a.Filing written
			 communication by facsimile is acceptable when a legible copy of the written
			 communication is reproduced on the board's telephone facsimile equipment. All
			 facsimile communications must be filed with the board at its offices in
			 Olympia, Washington.
b.The hours of
			 operation of the board's telephone facsimile equipment are the same as the
			 regular office hours. If a transmission of a written communication commences
			 after these hours of operation, the written communication shall be deemed filed
			 on the next business day.
c.Any
			 written communication filed with the board by telephone facsimile should be
			 preceded by a cover page identifying the party making the transmission, listing
			 the address, telephone and telephone facsimile number of such party,
			 referencing the appeal to which the written communication relates, and
			 indicating the date of, and the total number of pages included in such
			 transmission.
d.No written
			 communication sent to the board via facsimile shall exceed fifteen pages in
			 length, exclusive of the cover page required by this rule.
e.The party attempting to file written
			 communication by telephone facsimile bears the risk that the written
			 communication will not be legibly printed on the board's telephone facsimile
			 equipment due to error in the operation or failure of the equipment being
			 utilized by either the party or the board.
f.The original of any papers filed by
			 facsimile must also be mailed to the board within twenty-four (24) hours of the
			 time the fax was sent.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-070 - What should my request for an appeal include?

Current through Register Vol. 24-14, July 15, 2024
Your appeal must include:
(1) In the case of illness or injury claims,
			 the date and nature of the claim, and the place it occurred;
(2) A statement of what you want the board to
			 do (relief requested) after considering the appeal;
(3) An explanation of why your request has
			 merit;
(4) All facts relating to
			 the request;
(5) The name and
			 address of your attorney, if applicable; and
(6) Your name, address, phone number,
			 facsimile number (if applicable), e-mail address, and signature.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-070, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-070, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-080 - How much information should I provide in my request for an appeal?

Current through Register Vol. 24-14, July 15, 2024
You bear the burden of convincing the board that you are
				entitled to the relief requested. You must provide sufficient information to
				outweigh the information that the staff or local board used in making the
				decision that is being reviewed.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-080, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-080, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-090 - Who pays for the cost of obtaining additional medical data if my case relates to an injury or illness?

Current through Register Vol. 24-14, July 15, 2024
If your appeal regards an injury or illness and you need to
				provide additional medical data to support your request, you must pay any cost
				involved and it will not be reimbursable by the agency.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-090, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-090, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-100 - What will the agency do after receiving my request for an appeal?

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty (30) days from the date
			 that your request is received by the board, staff will review the request and
			 determine if your request is accepted or rejected. If rejected, the staff must
			 notify you of the rejection and why it was rejected.
(2) The executive secretary, or his or her
			 designee, will have thirty (30) days from the date of receipt to review the
			 request and request additional documentation and/or medical exams to help
			 resolve the dispute prior to an administrative hearing.
a.If the staff requests additional medical
			 exams, the agency shall pay for the cost of the examinations and any mileage to
			 and from such examination appointments.
b.If the executive secretary, or his or her
			 designee, is able to resolve the dispute, the request for an appeal will be
			 closed.
c.If the executive
			 secretary, or his or her designee, is unable to resolve the dispute, a notice
			 of hearing will be issued.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-110 - What are the requirements for a notice of hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) All parties shall be served with a notice
			 of hearing not less than thirty (30) days before the date set for the
			 hearing.
(2) The notice shall
			 include the date of the hearing, the time of the hearing, and the place the
			 hearing will be held.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-110, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-110, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-120 - Can cases be consolidated?

Current through Register Vol. 24-14, July 15, 2024
If there are multiple adjudicative proceedings involving
				common issues or parties, upon motion of any party or upon his or her own
				motion, these cases can be combined at the discretion of the Board
				Chair.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-120, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-120, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-130 - What methods of serving papers is acceptable?

Current through Register Vol. 24-14, July 15, 2024
(1) All notices, pleadings, and other papers
			 filed with the board shall be served upon all counsel and representatives of
			 record and upon unrepresented parties or upon their agents designated by them
			 or by law.
(2) Service shall be
			 made personally or, unless otherwise provided by law, by e-mail; by
			 first-class, registered, or certified mail; by facsimile and same-day mailing
			 of copies; or by commercial parcel delivery company.
(3) Service by mail shall be regarded as
			 completed upon deposit in the United States mail properly stamped and
			 addressed. Service by facsimile shall be regarded as completed upon production
			 by the facsimile machine upon confirmation of transmission. Service by
			 commercial parcel delivery shall be regarded as completed upon delivery to the
			 parcel delivery company, properly addressed with charges prepaid.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-130, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-130, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-140 - What is adequate proof of service?

Current through Register Vol. 24-14, July 15, 2024
Where proof of service is required by statute or rule, filing
				the papers with the board, together with one of the following, shall constitute
				proof of service:
(1) an
			 acknowledgement of service
(2) A
			 certificate that the person signing the certificate served the papers upon all
			 parties of record in the proceeding by delivering a copy thereof in person to
			 (names).
(3) A certificate that the
			 person signing the certificate served the papers upon all parties of the
			 proceeding by:
a.Mailing a copy thereof,
			 properly addressed with the postage prepaid, to each party to the proceeding or
			 his or her attorney or authorized agent; or
b.Transmitting a copy thereof by fax, and on
			 the same day mailing a copy, to each party to the proceeding or his or her
			 attorney or authorized agent; or
c.Depositing a copy thereof, properly
			 addressed with charges prepaid, with a commercial parcel delivery
			 company.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-150 - Can I bring someone with me to the hearing?

Current through Register Vol. 24-14, July 15, 2024
You can bring an attorney to represent you, or a family
				member, friend, or anyone else to help you, provided however, that in all
				hearings involving the taking of testimony and the formulation of a record
				subject to review by the courts, where the board or the secretary thereof
				determines that representation in such hearing requires a high degree of legal
				training, experience, and skill, the board or the secretary thereof may limit
				those who may appear in a representative capacity to
				attorneys-at-law.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-150, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-150, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-160 - Can witnesses be subpoenaed?

Current through Register Vol. 24-14, July 15, 2024
The board may compel the taking of testimony from witnesses
				under oath before the state board, or the secretary thereof, or the local board
				of trustees or any member thereof, for the purpose of obtaining evidence, at
				any time.
(1) The board shall have the
			 same power of subpoena as prescribed in
			 RCW  51.52.100.
(2) Every subpoena shall identify the party
			 causing issuance of the subpoena and shall state the name of the board and the
			 title of the proceeding and shall command the person to whom it is directed to
			 attend and give testimony or produce designated books, documents, or things
			 under his or her control.
(3) A
			 subpoena may be served by any suitable person over eighteen (18) years of age,
			 by exhibiting and reading it to the witness, or by giving him or her a copy
			 thereof, or by leaving such copy at the place of his or her abode. When service
			 is made by any other person than an officer authorized to serve process, proof
			 of service shall be made by affidavit or declaration under penalty of
			 perjury.
(4) The board chair may,
			 upon motion made promptly and in any event at or before the time specified in
			 the subpoena for compliance therewith, may a. Quash or modify the subpoena if
			 it is unreasonable and oppressive, or b. Condition denial of the motion upon
			 the advancement by the person in whose behalf the subpoena is issued of the
			 reasonable cost of producing the books, papers, documents, or tangible
			 things.
(5) Failure of any claimant
			 to appear and give any testimony shall suspend any rights or eligibility to
			 receive payments for the period of such failure to appear and
			 testify.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-160, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-160, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-170 - Can I submit medical reports instead of having to pay a doctor to testify?

Current through Register Vol. 24-14, July 15, 2024
You must present the testimony of your witness. Witnesses may
				appear tele-phonically (see WAC 491-04-220). Reports or letters are considered
				hearsay. Hearsay statements are not usually admissible because the opposing
				party cannot cross-examine the person making the statement to test the
				statement's accuracy.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-170, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-170, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-180 - Can new evidence be submitted for the hearing?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				RCW  41.24.290(2). WSR 13-21-050,
				§
									491-04-180, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-180, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-190 - What are the timing requirements for the filing of prehearing briefs and supporting evidence?

Current through Register Vol. 24-14, July 15, 2024
You must file your pre-hearing brief, along with any evidence
						that you believe supports your position in accordance with the filing
						requirements set forth in WAC 491-04-060.
(1) A prehearing brief should be a summary of
					the points that you want to make regarding your case. Specific exhibits should
					be referenced to make it easier for the board to follow your case.
(2) Include all evidence you want the board
					to consider. This could include, but is not limited to, medical reports or
					accident reports for injury claims, or training records or response records for
					service credit claims.
(3) Your
					prehearing brief and all evidence must be filed to the board and all parties to
					the action, no less than fourteen days prior to the scheduled hearing
					date.
(4) All parties may, upon
					review of all evidence, file a response to a party's prehearing brief to the
					board and all parties involved no later than seven days prior to the scheduled
					hearing date.
Statutory Authority:
				RCW  41.24.290(2). WSR 13-21-050,
				§
									491-04-190, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-190, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-200 - How is evidence presented?

Current through Register Vol. 24-14, July 15, 2024
All rulings upon objections to the admissibility of evidence
				shall be made in accordance with the provisions of
				RCW  34.05.452
(1) Documentary evidence not submitted in
			 advance as required in WAC 491-04-190 shall not be allowed into evidence unless
			 there is a clear showing that the offering part had good cause for his or her
			 failure to produce the evidence sooner.
(2) Any objections to evidence must be filed
			 in writing prior to the hearing or the evidence will be deemed as admitted,
			 unless such evidence is properly first presented at hearing under subsection
			 (1) hereof. The board chair may permit a party to object to evidence at a later
			 time upon a clear showing of good cause for failure to have filed such written
			 objection.
(3) When only portions
			 of a document are to be relied upon, the offering party shall identify the
			 pertinent excerpts and state the purpose for which such materials will be
			 offered. Only the excerpts, in the form of copies, shall be received in the
			 record. However, the whole of the original documents, except any portions
			 containing confidential material protected by law, shall be made available for
			 examination and for use by all parties.
(4) No former employee of the board shall
			 appear, except with the permission of the board, as an expert witness on behalf
			 of other parties in a proceeding in which he or she previously took an active
			 part in the investigation as a representative of the board.
(5) The refusal of a witness to answer any
			 question which has been ruled to be proper shall, in the discretion of the
			 board chair, be grounds for striking all testimony previously given by such
			 witness on related matter.
(6) Any
			 party bound by a stipulation or admission of record may, at any time prior to
			 closure of the hearing, be permitted to withdraw the same in whole or in part
			 by showing to the satisfaction of the presiding office that such stipulation or
			 admission was made inadvertently or under a bona fide mistake of fact contrary
			 to the true fact and that its withdrawal at the time proposed will not unjustly
			 prejudice the right of other parties to the proceeding.
Reviser's note:
The typographical error in the
				above section occurred in the copy filed by the agency and appears in the
				Register pursuant to the requirements of
				RCW  34.08.040.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-200, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-200, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-210 - How does the board handle testimony under oath?

Current through Register Vol. 24-14, July 15, 2024
(1) Every person called as a witness in a
			 hearing shall swear or affirm that the testimony he or she is about to give in
			 the hearing shall be the truth according to the provisions of
			 RCW  5.28.020 through
			 5.28.060. If the witness is
			 testifying from outside the jurisdiction, the board chair may require the
			 witness to agree to be bound by the laws of the state of Washington for the
			 purposes of the oath.
(2) Phone
			 numbers for any person testifying by phone must be provided to the executive
			 secretary no less than five (5) days before a scheduled hearing or
			 deposition.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-210, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-210, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-220 - Can witnesses appear by phone?

Current through Register Vol. 24-14, July 15, 2024
The board chair may conduct all or part of the hearing by
				telephone, television, or other electronic means, if the rights of the parties
				will not be prejudiced and if each participant in the hearing has an
				opportunity to participate in, to hear, and, if technically and economically
				feasible, in the judgment of the board chair, to see the entire proceeding
				while it is taking place. However, the board chair shall grant the motion of
				any party showing good cause for having the hearing conducted in person at a
				rescheduled time.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-220, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-220, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-230 - Will the hearing be recorded?

Current through Register Vol. 24-14, July 15, 2024
All hearings shall be recorded through the use of a court
				reporter that will be retained and paid for by the state board in accordance
				with RCW  41.24.035.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-230, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-230, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-240 - What is the role of the state board in an appeal?

Current through Register Vol. 24-14, July 15, 2024
(1) The board chair, or his or her designee,
					shall have the authority to:
(a) Determine the
					order of presentation of evidence;
(b) Administer oaths and
					affirmations;
(c) Issue subpoenas
					pursuant to RCW   51.52.100;
(d) Rule
					on procedural matters, objections, and motions;
(e) Rule on motions for summary
					judgment;
(f) Rule on offers of
					proof and receive relevant evidence;
(g) Determine the total time allowed for both
					parties to present oral testimony and oral argument during hearing before the
					board;
(h) Regulate the course of
					the hearing and take any appropriate action necessary to maintain order during
					the hearing; and
(i) Permit or
					require oral argument or briefs and determine the time limits for
					submission.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-250 - Do I have to file any paperwork after the hearing?

Current through Register Vol. 24-14, July 15, 2024
After the hearing, all parties may file a post-hearing brief.
				A post-hearing brief restates your position, what you believe the board's
				decision should be, and what evidence presented supports that decision.
(1) Post-hearing briefs shall be served to
			 the board and all involved parties no later than thirty (30) days after the
			 hearing.
(2) If any party wants to
			 prepare a response to the post-hearing briefs, he/she may serve such a response
			 to the board and all involved parties within thirty days (30) of the
			 post-hearing brief due date. Responses are not required.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-250, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-250, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-260 - After the hearing, how long will it be before a decision is made and issued?

Current through Register Vol. 24-14, July 15, 2024
It takes a court reporter approximately four weeks to
				transcribe a deposition or hearing. It is the board's goal to issue decisions
				as soon as possible after all transcripts are received. This generally takes
				between sixty (60) and ninety (90) days. At times, due to the complexity of the
				appeal, it may take longer.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-260, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-260, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-270 - How am I informed of the final decision?

Current through Register Vol. 24-14, July 15, 2024
Every decision and order, whether initial or final, shall be
				written, signed by all members present, be provided to all parties, and
				shall:
(1) Be correctly captioned as
			 to the name of the agency and name of the proceeding;
(2) Designate all parties and representatives
			 participating in the proceeding;
(3) Contain appropriate numbered findings of
			 fact
(4) Contain appropriate
			 numbered conclusions of law, including citations of statutes and rules relied
			 upon;
(5) Contain an initial or
			 final order disposing of all contested issues; and
(6) Contain a statement describing the
			 available post-hearing remedies.
Statutory Authority:
				RCW 41.24.290(2). WSR 13-21-050,
				§
									491-04-270, filed 10/11/13, effective 11/11/13. WSR 13-21-033, §
									491-04-270, filed 10/9/2013, effective 11/9/2013
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-280 - What happens once the decision is issued?

Current through Register Vol. 24-14, July 15, 2024
(1) Petition for review and replies:
a.Any party to a hearing may file a petition
			 for the board's reconsideration of its order.
b.The petition for reconsideration shall be
			 filed with the agency's executive secretary within thirty (30) days of the date
			 of service of the order unless a different place and time limit for filing the
			 petition are specified in the order in its statement describing available
			 procedures for administrative relief. Copies of the petition shall be served
			 upon all other parties or their representatives at the time the petition is
			 filed.
c.The petition for review
			 shall specify the portions of the order to which exception is taken and shall
			 refer to the evidence of record which is relied upon to support the
			 petition.
d.Any party may file a
			 reply to a petition for reconsideration. The reply shall be filed with the
			 office where the petition for review was filed within thirty (30) days of the
			 date of service of the petition and copies of the reply shall be served upon
			 all other parties or their representatives at the time the reply is
			 filed.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-04 - Filing appeals › Section 491-04-290 - Are the parties allowed to reach a settlement?

Current through Register Vol. 24-14, July 15, 2024
Settlements may be worked out with the agreement of both
				parties. The following procedures are available for dispute resolution that may
				make more elaborate proceedings unnecessary:
(1)
a.The
			 state encourages all agencies and persons to explore early, resolution to
			 disputes whenever possible. Any person whose interest in a matter before the
			 board may be resolved by settlement shall communicate his or her request or
			 complaint to the agency, setting forth all pertinent facts and particulars and
			 the desired remedy. If the board or staff requires additional information to
			 resolve the matter, it shall promptly provide to the person who is seeking
			 relief an opportunity to supply such information. Settlement negotiations shall
			 be without prejudice to rights of a participant in the negotiations. Provided,
			 however, that any time limit applicable to filing a application for a hearing
			 shall not be extended because settlement attempts are pending.
b.In the event an early resolution is
			 reached, the agency is responsible for providing a written description of the
			 resolution to the person(s) involved.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-05 - Billing Procedures › Section 491-05-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth the procedures necessary for Providers
				and Claimants to receive payment for services and materials provided to
				Participants.
Reviser's note:
The bracketed material preceding
				  the section above was supplied by the code reviser's office.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-05 - Billing Procedures › Section 491-05-030 - What is required for payment of medical services and materials?

Current through Register Vol. 24-14, July 15, 2024
All medical services must be provided in accordance with the
				Washington State Department of Labor and Industry's medical aid rules, fee
				schedules, and these rules and any State Board policy, including but not
				limited to the Pain Management Policy. The State Board and/ or Local Boards may
				reject bills for services rendered in violation of these rules or policies.
				Participants may not be billed for services rendered in violation of these
				rules.
(1) Practitioners must use the
			 current national standard Health Insurance Claim Form (as defined by the
			 National Uniform Claim Committee). Hospitals must use the current National
			 Uniform Billing form (as defined by the National Uniform Billing Committee) for
			 institution services and the current national standard Health Insurance Claim
			 Form (as defined by the national Uniform Claim Committee). All other Providers
			 must contact the State Board for guidance on proper billing.
(2) Prior to submission to the State Board,
			 all bills must first be submitted to the Local Board of the Participant's
			 Municipality for processing.
(3)
			 All Providers seeking payment must complete the most recent versions of the
			 following forms, and be assigned a State Wide Vendor Number by the Office of
			 Financial Management:
a.Statewide Payee
			 Registration Washington State; and
b.Request for Taxpayer Identification Number
			 and Certification (I-9).
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-05 - Billing Procedures › Section 491-05-040 - What is required for the payment of prescriptions?

Current through Register Vol. 24-14, July 15, 2024
To receive payment for prescriptions, all billing must be done
				in accordance with these rules and any State Board's policy, including but not
				limited to the Pain Management Policy for prescriptions. The State Board or
				Local Boards may reject payment of prescriptions in violation of these rules or
				policies.
(1) Billing for opioids must
			 be done in accordance with State Board's Pain Management Policy. A copy of the
			 policy can be obtained through the State Board. Opioids will only be covered in
			 accordance with the policy.
(2)
			 Bills directly from a pharmacy require the following information for payment:
a.The name of the pharmacy;
b.The Participant's name;
c.The Participant's date of birth;
d.Date of injury;
e.Prescribing doctor's name;
f.The name of the medication;
g.The dosage of the medication;
h.The frequency of the medication;
i.The total amount of medication
			 dispensed;
j.The date the
			 medication was dispensed; and
k.The
			 total amount due for the medication.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-010 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the board for volunteer firemen, as
				defined in WAC
				491-20-020 are deemed to be
				available for public inspection and copying pursuant to these rules, except as
				otherwise provided by RCW  42.17.310, and WAC
				491-20-100.
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-010, filed 7/24/87; Order II,
				  §
										491-20-010, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Public records
. "Public
			 record" includes any writing containing information relating to the conduct of
			 governmental or the performance of any governmental or proprietary function
			 prepared, owned, used, or retained by the board for volunteer firemen
			 regardless of physical form or characteristics.
(2)
Writing
. "Writing means
			 handwriting, typewriting, printing, photostating, photographing, and every
			 other means of recording any form of communication or representation, including
			 letters, words, pictures, sounds; or symbols, or combination thereof, and all
			 papers, magnetic or punched cards, discs, drums and other documents."
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-020, filed 7/24/87; Order II,
				  §
										491-20-020, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-030 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The board for volunteer firemen's public records shall be in
				the charge of the board's public records officer. The public records officer
				shall be the secretary of the board for volunteer firemen. The public records
				officer shall be responsible for the following: The implementation of the board
				for volunteer firemen's rules and regulations regarding release of public
				records, coordinating the staff of the system in this regard, and generally
				insuring compliance by the staff with the public records disclosure
				requirements of chapter 42.17 RCW.
Statutory Authority:
				  RCW 42.17.260(3). 87-16-013
				  (Order 89-1, Resolution No. 89-1), §
										491-20-030, filed 7/24/87; Order II,
				  §
										491-20-030, filed 7/5/77.
Washington Administrative Code › Title 491 - Volunteer Firefighters and Reserve Officers, State Board for › Chapter 491-20 - Public records › Section 491-20-040 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with requirements of chapter 42.17 RCW that
				agencies prevent unreasonable invasions of privacy, protect excessive
				interference with essential functions of the agency, public records may be
				inspected or copies of such records may be obtained, by members of the public,
				upon compliance with the following procedures:
(1) A request shall be made in writing upon a
			 form prescribed by the board for volunteer firemen which shall be available at
			 its administrative office. The form shall be presented to the public records
			 officer; or to any member of the board's staff, if the public records officer
			 is not available, at the administrative office of the board during customary
			 office hours. The request shall include the following information:
(a) The name of the person requesting the
			 records;
(b) The time of day and
			 calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced
			 within a current index maintained by the records officer, a reference to the
			 requested record as it is described in such current index;
(e) If the requested matter is not
			 identifiable by reference to a current index of the board, an appropriate
			 description of the record requested.