Washington Administrative Code › Title 181 - Professional Educator Standards Board › Chapter 181-86 - Professional certification-Policies and procedures for administration of certification proceedings › APPEALS › Section 181-86-150 - Appeal procedure-Formal SPI review process

Current through Register Vol. 24-14, July 15, 2024
Formal appeals to the superintendent of public instruction
				  shall be provided as follows:
(1) Any
				person who has filed an appeal in accordance with WAC
				181-86-140 and
				desires to have the decision of the review officer formally reviewed by the
				superintendent of public instruction may do so. To instigate review under this
				section, a person must file a written notice with the superintendent of public
				instruction within thirty calendar days following the date of post-marked
				mailing of the review officer's written decision. A written notice of appeal is
				deemed filed upon actual receipt during office hours by the section of the
				superintendent of public instruction's office responsible for certification of
				the decision or order.
(2) For
				purposes of hearing an appeal under this section, the superintendent of public
				instruction shall conduct a formal administrative hearing in conformance with
				the Administrative Procedure Act, chapter 34.05 RCW. The superintendent of
				public instruction, in carrying out this duty, may contract with the office of
				administrative hearings under
				RCW
				   28A.300.120 to hear a particular appeal.
				Decisions in cases formally appealed under this section may be made by the
				administrative law judge selected by the chief administrative law judge if the
				superintendent of public instruction delegates this authority under
				RCW
				   28A.300.120.
(3) The decision of the superintendent of
				public instruction or the administrative law judge, whichever is applicable,
				shall be sent by certified mail to the appellant's last known address and if
				the decision is to reprimand, suspend, or revoke, the appellant shall be
				notified that such order takes effect upon signing of the final order.
The superintendent of public instruction or the
				  administrative law judge, whichever is applicable, may modify the decision to
				  deny the application, the order to reprimand, or the order to suspend or revoke
				  the certificate. Modifying the decision may include upholding, reversing,
				  decreasing, or increasing the discipline, including changing the level of
				  discipline imposed.
(4)
				Forms of written notice accepted will be as published by the superintendent of
				public instruction.
Statutory
				  Authority:
				  RCW
				     28A.410.210. WSR 13-20-029, 181-86-150, filed
				  9/23/13, effective 10/24/13; WSR 11-14-112, 181-86-150, filed 7/6/11, effective
				  8/6/11; WSR 06-14-010, 181-86-150, filed 6/22/06, effective 7/23/06. WSR
				  06-02-051, recodified as 181-86-150, filed 12/29/05, effective 1/1/06.
				  Statutory Authority:
				  RCW
				     28A.410.010. WSR 92-15-037, 180-86-150, filed
				  7/9/92, effective 8/9/92. Statutory Authority: RCW 28A.70.005. WSR 90-02-076,
				  180-86-150, filed 1/2/90, effective 2/2/90. WSR 13-20-001, §
										181-86-150, filed 9/18/2013,
				  effective 10/19/2013