reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-330 - Presiding officers

Current through Register Vol. 24-14, July 15, 2024
(1)
Commissioners.
The commissioners may preside in any adjudicative
				  proceeding with or without the assistance of an administrative law judge. When
				  the commissioners preside, they are presiding officers as that term is used in
				  chapter 34.05 RCW and in this chapter. When the commissioners preside with the
				  assistance of an administrative law judge, the administrative law judge also i
				  s a presiding officer, except for purposes of making final decisions on
				  substantive matters in the proceeding. The administrative law judge may enter
				  procedural and other interlocutory orders. When the commissioners preside, they
				  may enter procedural and other interlocutory orders and will enter one or more
				  final orders in the proceeding to resolve the substantive matters
				  presented.
(2)
Administrative
				  law judge.
The director of the administrative law division will
				  designate an administrative law judge to preside in individual proceedings,
				  either to assist the commissioners in their role as presiding officers as
				  described in subsection (1) of this section, or to serve alone as the presiding
				  officer. When serving alone as the presiding officer, the administrative law
				  judge will enter one or more initial orders, unless the parties and the
				  commission agree to waive an initial order, or applicable law prohibits entry
				  of an initial order. An initial order becomes final if no party petitions for
				  administrative review within twenty days and the commissioners do not review
				  the order on their own motion. The commissioners will enter a final order if a
				  party petitions for, or the commission on its own motion undertakes,
				  administrative review of an initial order, if the parties and the commission
				  agree to waive an initial order, or as otherwise provided by law.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-330, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-340 - Parties - General

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
(a)
Person
. As defined in
				  RCW
				  34.05.010(14), a person is
				  any individual, partnership, corporation, association, governmental subdivision
				  or unit thereof, or public or private organization or entity of any
				  character.
(b)
Party
. As defined in
				  RCW
				  34.05.010(12), a party is a
				  person to whom the agency action is specifically directed. A party is also a
				  person named as a party to the agency proceeding or allowed to intervene or
				  participate as a party in the agency proceeding.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-345 - Appearance and practice before the commission

Current through Register Vol. 24-14, July 15, 2024
(1)
Minimum qualifications.
No
				  person may appear before the commission as a representative of a party to an
				  adjudicative proceeding without meeting at least one of the following
				  qualifications:
(a) Membership in good
				  standing in the Washington State Bar Association;
(b) Admission to practice, in good standing,
				  before the highest court of any other state or the District of
				  Columbia;
(c) Status as an officer
				  or employee of a party or person seeking party status, if granted permission by
				  the presiding officer to represent the party; or
(d) Status as a legal intern admitted to
				  limited practice under Rule 9 of the Washington state supreme court's admission
				  to practice rules. No legal intern, however, may appear without the presence of
				  a supervising lawyer unless the presiding officer approves the intern's sole
				  appearance in advance.
The presiding officer may refuse to allow a person who does
					 not have the requisite degree of legal training, experience, or skill to appear
					 in a representative capacity.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-350 - Access for limited-English speakers and hearing-impaired persons

Current through Register Vol. 24-14, July 15, 2024
(1)
Interpreters.
The commission incorporates WAC
				  10-08-150 (rules of procedure
				  governing interpreters) by reference in this rule so that
				  limited-English-speaking and hearing-impaired persons have equal access to the
				  administrative process and the opportunity for full and equal participation in
				  adjudicative proceedings.
(2)
Notice to limited-English-speaking parties.
When the commission
				  knows that a limited-English-speaking person is a party in an adjudicative
				  proceeding, it will serve on that party a version of all notices concerning the
				  hearing, including notices of hearing, continuances, and dismissals, in the
				  primary language of the party or will include in the service of each notice a
				  supplemental notice in the party's primary language that describes the
				  significance of the notice and how the party may receive assistance in
				  understanding and responding to the notice.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-350, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-355 - Parties - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition to intervene.
(a)
Who may petition; when petitions must be filed.
The commission
				  strongly prefers written petitions to intervene from any person who seeks to
				  appear and participate as a party in a proceeding before the commission other
				  than the original parties , commission staff, and public counsel. Written
				  petitions to intervene should be filed at least three business days before the
				  initial hearing date or prehearing conference date, whichever occurs first. A
				  person may petition orally for leave to intervene at the time of the initial
				  hearing or prehearing conference, whichever occurs first, unless the commission
				  requires written petitions to intervene in a notice prior to the first hearing
				  or prehearing date.
(b)
Late-filed petition to intervene.
The commission may grant a
				  petition to intervene made after the initial hearing or prehearing conference,
				  whichever occurs first, only on a showing of good cause, including a
				  satisfactory explanation of why the person did not timely file a petition to
				  intervene.
(c)
Contents of
				  petition.
Any petition to intervene must disclose:
(i) The petitioner's name and contact
				  information as specified in WAC
				  480-07-360(3);
(ii) The petitioner's interest in the
				  proceeding;
(iii) The petitioner's
				  position with respect to the matters in controversy;
(iv) Whether the petitioner proposes to
				  broaden the issues in the proceeding and, if so, a statement of the proposed
				  issues that clearly and concisely sets forth the basis for the petitioner's
				  proposal to broaden the issues; and
(v) The name and contact information as
				  specified in WAC
				  480-07-360(3) of
				  the persons the petitioner has authorized to act as the petitioner's
				  representatives, including attorneys, if any.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-360 - Parties - Service and master service list

Current through Register Vol. 24-14, July 15, 2024
(1)
Service defined.
Service
				  means sending or delivering, in accordance with
				  RCW
				  34.05.010(19) and this rule,
				  the following documents in an adjudicative proceeding:
(a) Documents submitted to the commission for
				  filing that must be sent or delivered to the parties in that
				  proceeding;
(b) Documents that are
				  not submitted to the commission for filing but that are formally exchanged
				  between parties (e.g., data requests and responses); or
(c) Orders, notices, or other documents the
				  commission enters or issues that must be sent or delivered to the parties or to
				  any other persons to whom service may be required.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-365 - Filing documents in adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of rule.
The
				  requirements in this section are in addition to the general requirements for
				  submitting documents to the commission in WAC
				  480-07-140 and any requirements
				  in a specific adjudication. The commission will not consider documents to be
				  filed until all applicable requirements are satisfied.
(2)
Electronic filing is
				  required
. Except as otherwise required by these rules or other law,
				  documents filed in an adjudicative proceeding must be submitted electronically
				  using the commission's records center web portal no later than 5:00 p.m. on the
				  date the documents are required to be filed unless the commission establishes
				  an earlier time.
(a)
Submissions
				  exceeding size limitations
. If the submission exceeds the size
				  limitations of the commission's web portal, the submission will be timely if
				  the documents are submitted by 5:00 p.m. through one of the options specified
				  in WAC 480-07-140(5).
(b)
Exact copy.
Any paper
				  copies of the document the commission requires by rule or order must conform
				  exactly in form and content to the electronic version.
(c)
Simultaneous delivery to all
				  parties and presiding officer.
All electronic documents submitted to
				  the commission through the web portal or by e-mail on a filing deadline date
				  must be delivered to all parties and the presiding administrative law judge by
				  e-mail at the same time the documents are submitted to the commission or
				  immediately thereafter. Copies intended for the presiding administrative law
				  judge must be sent to the judge's individual e-mail address. Submissions should
				  not be sent directly to the commissioners.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-370 - Pleadings - General

Current through Register Vol. 24-14, July 15, 2024
Types of pleadings permitted.
Pleadings
					 include, but are not necessarily limited to, formal complaints, answers to
					 complaints, petitions, responses to petitions, replies, applications for
					 authority, protests, and objections. The commission may allow other pleadings
					 upon written motion or on the commission's own motion.
(1)
Formal complaints.
(a) Defined. Formal complaints are complaints
				  filed in accordance with
				  RCW
				  80.04.110 or
				  81.04.110, complaints filed under
				  RCW
				  80.54.030, and commission complaints in
				  proceedings designated by the commission as formal commission proceedings. For
				  purposes of this rule, a formal complaint does not include an informal
				  complaint filed pursuant to WAC
				  480-07-910 or a commission
				  complaint and order suspending a rate increase or other tariff
				  filing.
(b) Contents. A formal
				  complaint must be in writing and must clearly and concisely set forth the
				  grounds for the formal complaint , the relief requested, and the commission's
				  jurisdiction to commence an adjudication and grant the requested relief. A
				  formal complaint must state:
(i) The
				  complainant's name and address and the contact information for the individuals
				  to receive service on behalf of the complainant as required under WAC
				  480-07-360(3);
(ii) The full name and address of the person
				  complained against, which should be the name and address contained in the
				  commission's records if the respondent is a public service company;
(iii) Facts that constitute the basis of the
				  formal complaint and requested relief, including relevant dates;
(iv) Citations to statutes or commission
				  rules the complainant alleges that the respondent has violated and that provide
				  the commission with jurisdiction to resolve the complaint and grant the relief
				  the complainant requests; and
(v)
				  Facts and law sufficient to demonstrate that the complainant has complied with
				  all other prerequisites including, but not necessarily limited to, the
				  requirements in
				  RCW
				  80.04.110 or
				  81.04.110, if
				  applicable.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-375 - Motions

Current through Register Vol. 24-14, July 15, 2024
(1)
Defined.
Except for pleadings identified as petitions under these
				  rules, a party's written or oral request for commission action in the context
				  of an adjudicative proceeding is a motion. Motions should be in writing unless
				  made on the record during a hearing before the presiding officer. The
				  commission may take or require an action that would be the proper subject of a
				  party's motion without receiving a motion from a party. The commission will
				  provide oral or written notice prior to taking or requiring such action and
				  allow for appropriate process when it acts in the absence of a party's motion.
				  The commission recognizes four basic categories of motion:
(a)
Dispositive motions.
Dispositive motions request that the commission terminate a proceeding, resolve
				  one or more of the substantive issues presented in the proceeding, or terminate
				  a party's participation in the proceeding.
(b)
Procedural motions.
Procedural motions request that the commission establish or modify the process
				  or the procedural schedule in a proceeding.
(c)
Discovery motions.
Discovery motions are requests to resolve disputes concerning the exchange of
				  information among parties during the discovery phase of a proceeding.
(d)
Evidentiary motions.
Motions related to evidence are requests to limit or add to the evidentiary
				  record in a proceeding.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-380 - Motions that are dispositive - Motion to dismiss; motion for summary determination; motion to withdraw

Current through Register Vol. 24-14, July 15, 2024
(1)
Motion to dismiss.
(a)
General.
A party may move to dismiss another party's claim or
				  case on the asserted basis that the opposing party's pleading fails to state a
				  claim on which the commission may grant relief. When ruling on such a motion,
				  the commission will consider the standards applicable to a motion made under
				  Washington superior court civil rule 12 (b)(6) and 12(c). If a party presents
				  an affidavit, declaration, or other material in support of its motion to
				  dismiss, the commission will treat the motion as one for summary determination
				  as provided in subsection (2) of this section unless the commission rules on
				  the motion without relying on the material.
(b)
Time for filing motion to
				  dismiss.
A party that opposes a pleading must file any motion directed
				  to the pleading no later than the time the responsive pleading is due, or
				  within twenty days after the pleading is served, whichever time is less, unless
				  the party shows good cause for delay. Filing a motion to dismiss a pleading or
				  seeking a similar remedy does not extend the time for answering the
				  pleading.
(c)
Response.
A party that opposes a written motion to dismiss may
				  file a response within ten days after service of the motion, or at such other
				  time as the commission may set.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-385 - Motion for continuance or suspension

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
(a) A continuance is any postponement of a
				  deadline established by commission rule or order or any extension of time to
				  comply with such a deadline.
(b) A
				  suspension holds all procedural deadlines established by the commission in
				  abeyance pending further commission action.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-390 - Briefs; oral argument

Current through Register Vol. 24-14, July 15, 2024
The commission may permit or require the parties to a
					 proceeding to present their arguments and authority in support of their
					 positions after the conclusion of any evidentiary hearing. Such a presentation
					 may be in the form of written briefs, oral argument at the close of the
					 hearing, or both.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-390, filed 11/24/03, effective
						1/1/04.
Reviser's note:
The brackets and enclosed
						material in the text of the above section occurred in the copy filed by the
						agency.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-395 - Pleadings, motions, and briefs Format requirements; citation to record and authorities; verification; errors; construction; amendment

Current through Register Vol. 24-14, July 15, 2024
(1)
Format.
All pleadings,
				  motions, and briefs must meet the following format requirements:
(a)
Appearance.
(i) Text must be double-spaced, 12-point
				  type, and in palatino, times new Roman, or an equally legible serif font, with
				  footnotes in the same font and of at least 10-point type;
(ii) Each paragraph must be
				  numbered;
(iii) Margins must be at
				  least one inch from each edge of the page; and
(iv) Any required paper copies must be
				  submitted on three-hole punched, 8 1/2 x 11 inch paper.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-400 - Discovery

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
(a)
No
				  limitation on commission authority to audit and inspect.
Nothing in
				  this section imposes any limitation on the commission's ability to audit or
				  obtain the books and records of public service companies, or public service
				  companies' obligation to provide information to the commission, whether or not
				  in the context of an adjudicative proceeding.
(b)
Informal discovery
				  procedures.
Parties in an adjudicative proceeding may agree to
				  informal discovery procedures in addition to, or in place of, the procedures
				  contained in this section.
(c)
Definitions.
For purposes of WAC
				  480-07-400 through
				  480-07-425, the following terms
				  have the following meanings:
(i) Party. Any
				  party as defined by WAC
				  480-07-340.
(ii) Data. As used in this section, data is
				  information of any type, in any form.
(iii) Data request. A party's written request
				  that calls for another party to produce data in connection with an adjudicative
				  proceeding is a data request. Generally, data requests seek one or more of the
				  following: Existing documents; an analysis, compilation, or summary of existing
				  documents into a requested format; a narrative response describing a party's
				  policy, practice, or position; or the admission of a fact asserted by the
				  requesting party. If a party relies on a cost study, model, or proprietary
				  formula or methodology, the party must be willing, on request, to rerun or
				  recalculate the study, model, formula, or methodology based on different inputs
				  and assumptions, subject to the standards in subsection (3) of this section.
				  The commission otherwise will not order a party to respond to a data request
				  that would require creation of new data or documents unless there is a
				  compelling need for such information.
(iv) Bench request. A request for data made
				  by or on behalf of a presiding officer is a bench request.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-405 - Discovery - Data requests and bench requests

Current through Register Vol. 24-14, July 15, 2024
(1)
Grouping and numbering.
(a)
Grouping.
Parties must
				  group their data requests by subject or witness.
(b)
Numbering.
Each party
				  must number sequentially its data requests to each other party. Numbering of
				  subsequent data requests to the same party must begin with the number next in
				  sequence following the number of the last previously propounded data request
				  (e.g., if the last data request in an initial set of requests is number 10, the
				  first data request in the next set of requests must be number 11). The
				  presiding officer will ensure that bench requests are adequately described on
				  the record and consecutively numbered.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-410 - Discovery - Depositions

Current through Register Vol. 24-14, July 15, 2024
(1)
Who
				  may be deposed.
A party may depose any person identified by another
				  party as a potential witness. A party may depose a person who has not been
				  identified as a potential witness only if the presiding officer approves the
				  deposition. The presiding officer may approve the deposition of a person who
				  has not been identified as a potential witness on a finding that the person
				  appears to possess information that is necessary to the party's case, the
				  information cannot reasonably be obtained from another source, and the
				  probative value of the information outweighs the burden on the person proposed
				  to be deposed.
(2)
Required
				  notice; motion.
A party that intends to depose another party's
				  designated potential witness must give notice to the commission and all
				  parties. A party that seeks to depose a person who has not been identified as a
				  potential witness must file a motion requesting permission to depose the
				  person.
(3)
How
				  conducted.
Parties should use Washington superior court civil rule 30 as
				  a guide when conducting depositions. Parties must limit the scope of
				  questioning in a deposition to the same standard set forth in WAC
				  480-07-400(4). A
				  court reporter provided by the party requesting the deposition will record the
				  deposition. Each party will be responsible for the attendance of any of its
				  designated potential witnesses who have been scheduled for
				  deposition.
(4)
Use of
				  depositions.
Parties may use depositions for any lawful purpose, subject
				  to the requirements of this subsection. If a party seeks to offer into evidence
				  the deposition of a potential witness who is available to testify to the
				  matters addressed in that person's deposition, the party must do the following:
(a) Offer only those portions of the
				  deposition on which the party intends to rely; and
(b) Provide at least five business days'
				  written notice to other parties and to the presiding officer prior to the
				  hearing session at which the potential witness is expected to appear. The party
				  must attach to the notice the portion(s) of the deposition that the party
				  proposes to offer in the form of exhibits that are marked for identification as
				  required under WAC
				  480-07-460(3).
				  If portions of a deposition are admitted into evidence, other parties may offer
				  additional portions of the deposition when necessary to provide a balanced
				  representation of the deponent's testimony.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-415 - Discovery conference

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
The commission may request or require the parties to
				  attend a discovery conference along with designated witnesses to discuss with
				  each other questions about the party's positions or evidence and the
				  availability of supporting information.
(2)
Purpose.
The purpose of a
				  discovery conference is:
(a) To allow
				  witnesses and others who have knowledge relating to the proceeding (e.g.,
				  consultants or employees) to talk directly and informally;
(b) To reduce or avoid the need for written
				  data requests and time for their preparation;
(c) To allow discussions of potential
				  stipulations regarding individual facts and settlement of individual issues to
				  occur in an informal setting;
(d)
				  To discuss the availability of supporting information; and
(e) To enhance the parties' ability to
				  acquire or expand their knowledge about the case of one or more designated
				  other parties.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-423 - Discovery - Protective orders - Submission requirements for documents (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 06-16-053 (Docket
						A-050802, General Order R-536), § 480-07-423, filed 7/27/06, effective
						8/27/06; 03-24-028 (General Order R-510, Docket No. A-010648), §
						480-07-423, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-425 - Discovery disputes

Current through Register Vol. 24-14, July 15, 2024
(1)
Procedure
				  for resolving disputes.
(a)
Informal resolution.
Parties must make good faith efforts to
				  resolve informally all discovery disputes. The commission may designate a
				  person to assist the parties to resolve discovery issues, at the request or
				  with the consent of the parties.
(b)
Motion to compel.
A
				  party may file a written motion, or move orally at a prehearing conference, to
				  compel discovery if the parties cannot resolve a dispute informally . The
				  presiding officer will hear a motion to compel discovery at the earliest
				  reasonable time. The presiding officer may conduct telephone hearings or
				  conferences for the argument of discovery disputes. The presiding officer may
				  make discovery rulings orally on the record or by written order. The presiding
				  officer's discovery rulings are subject to review under WAC
				  480-07-810.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-430 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
The commission may require that all parties to, and all
				  persons who seek to intervene in, a proceeding attend a prehearing conference.
				  The following topics are proper subjects for discussion at a prehearing
				  conference:
(a) Identification and
				  simplification of the issues;
(b)
				  The necessity or desirability of amendments to the pleadings;
(c) Establishment of a procedural schedule
				  including, but not limited to, the need for, and timing of, prefiled testimony
				  and exhibits ;
(d) Disposition of
				  petitions for leave to intervene;
(e) Availability of the commission's
				  discovery rules or resolution of discovery disputes;
(f) Resolution of pending motions;
(g) Entry of a standard or amended protective
				  order to protect confidential or highly confidential information;
(h) Service requirements, including creation
				  of a master service list and disposition of any objections to commission
				  service of orders and notices solely in electronic form; and
(i) Any other matters that may aid in the
				  disposition of the proceeding, whether by commission decision or by
				  settlement.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-440 - Hearing notice

Current through Register Vol. 24-14, July 15, 2024
(1)
Initial
				  hearing notice.
(a)
Timing.
The commission will set the time and place of the
				  first hearing session or prehearing conference in any adjudication in a notice
				  served to all parties at least twenty days before the hearing or conference.
				  The commission may shorten the notice period to seven days, as provided by
				  RCW
				  34.05.434. The commission will set all
				  hearings sufficiently in advance so that all parties will have a reasonable
				  time to prepare, considering the procedural schedule, other pending matters,
				  and the need to minimize continuances.
(b)
Provisions for appointment of
				  interpreter.
The initial notice of hearing will state that if a
				  limited-English-speaking or hearing-impaired party needs an interpreter, a
				  qualified interpreter will be appointed at no cost to the party or witness. The
				  notice will include a form for a party to indicate whether the party needs an
				  interpreter and to identify the party's primary language or hearing-impaired
				  status.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-450 - Hearing - Failure to appear

Current through Register Vol. 24-14, July 15, 2024
(1)
Dismissal or default.
The commission may dismiss a party or find a
				  party in default for failure to appear at the time and place set for hearing.
				  The commission will implement any dismissal or default by a written order. When
				  a party is found in default, the commission's order stating that finding also
				  may dispose of the issues in the proceeding, as provided by
				  RCW
				  34.05.440.
(2)
Review of order of dismissal or
				  default.
A party that a presiding officer dismisses from a proceeding or
				  finds in default may contest the order of dismissal or default by written
				  motion filed within ten days after service of the order. A dismissed party or
				  party found in default may request that the order be vacated and, if the order
				  is dispositive of the proceeding, that the proceeding be reopened for further
				  process.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-450, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-460 - Hearing - Exhibits , exhibit list, and cross-examination estimates

Current through Register Vol. 24-14, July 15, 2024
(1)
Filing
				  exhibits in advance.
Parties must file and serve exhibits that they
				  intend to submit or use in the evidentiary hearing, including proposed
				  cross-examination exhibits, in advance of the hearing. The commission or the
				  presiding officer will establish by notice or in a pre-hearing conference order
				  the number of paper copies, if any, and deadlines for filing. In rate increase
				  proceedings for electric, natural gas, pipeline, and telecommunications
				  companies, the petitioner must prefile its proposed direct testimony and
				  exhibits at the time it files its rate increase request, in accordance with
				  commission rules.
(a)
Changes or
				  corrections.
(i)
Substantive
				  changes.
Parties must seek leave from the presiding officer by written
				  motion if they wish to file revised prefiled testimony or exhibits that include
				  substantive changes . A party proposing such changes should submit the proposed
				  revisions with its motion.
(ii)
Minor corrections.
A party may make minor revisions to
				  prefiled testimony and exhibits to correct typographical errors, printing
				  errors, and nonsubstantive changes (e.g., a change in a witness's address or
				  employment) without leave from the presiding officer. Counsel should not ask a
				  witness on the stand to make these corrections, but must submit an errata sheet
				  as provided in subsection (6) of this section.
(iii)
Format requirements for
				  revisions.
Parties that submit a revised version of any prefiled or
				  previously admitted testimony or exhibits must prominently label the documents
				  as "REVISED" and indicate the date of the revision. The document's exhibit
				  number also must include a lower case "r" at the end of the number using the
				  format described in subsection (2) of this section (e.g., Exh. JQW-5HCTr). The
				  revised portions must be highlighted, in legislative style or other manner that
				  clearly indicates the change from the original submission. The header or footer
				  of each revised page in multiple page testimony or exhibit must be labeled
				  "REVISED" and indicate the date of the revision. Parties may indicate changes
				  to spreadsheets by providing a description of the change and how the change
				  affects other related spreadsheets. For revisions to spreadsheets, counsel must
				  identify partial revisions by page and date when an exhibit is presented or
				  offered into evidence, as appropriate.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-470 - Hearing guidelines

Current through Register Vol. 24-14, July 15, 2024
These guidelines are of a general nature and are provided
					 to assist the presiding officer in regulating the course of the proceeding. The
					 presiding officer may suspend or modify the guidelines or use measures not
					 specified in this rule.
(1)
Starting times.
The presiding officer will strictly observe
				  starting times . The proceeding may go forward in the absence of counsel,
				  parties, or witnesses who are late. Counsel may advise the bench by message to
				  the records center when an emergency prevents timely arrival.
(2)
Appearances.
The presiding
				  officer conducting the hearing or prehearing conference will require
				  appearances to be stated orally at the initial prehearing or hearing session,
				  and may also ask for oral appearances at subsequent sessions in the same
				  proceeding, so that all persons attending the hearing will know the identity
				  and interest of all parties present. If the representative has previously filed
				  a notice of appearance or otherwise provided full contact information in a
				  pleading filed in the docket, oral appearances shall consist of the
				  representative's name, law firm, organization, or government entity if any, and
				  the party the person represents. Oral appearance at hearing does not substitute
				  for the requirement for written notice of appearance in WAC
				  480-07-345(2).
(3)
Matters to be handled at beginning
				  of session.
Parties must notify the presiding officer no later than the
				  start of the hearing session of any motion that a party anticipates may be
				  presented during the hearing, such as one that may require foundation regarding
				  the admissibility of evidence. The presiding officer will give the parties an
				  appropriate opportunity to state and argue any motions related to evidence or
				  to the procedural course of the hearing.
(4)
Evidence; exhibits; stipulations of
				  fact.
The presiding officer may receive evidence as provided by
				  RCW
				  34.05.452.
(5)
Order of presentation.
Evidence will ordinarily be received in the following order:
(a) Party having the burden of
				  proof;
(b) Parties supporting the
				  party having the burden of proof; and
(c) Parties opposing the party having the
				  burden of proof. The presiding officer may direct a modified order of
				  presentation considering the needs of the parties, the commission, the
				  proceeding, and the parties' preferences.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-480 - Hearing - Stipulation of facts

Current through Register Vol. 24-14, July 15, 2024
A stipulation is an agreement among parties intended to
					 establish one or more operative facts in a proceeding. The commission
					 encourages parties to enter stipulations of fact. The parties to any proceeding
					 or investigation before the commission may agree to all of the facts or any
					 portion of the facts involved in the controversy. The parties to a stipulation
					 may file it in writing or enter it orally into the record. A stipulation, if
					 accepted by the commission, is binding on the stipulating parties. The parties
					 may present the stipulation as evidence at the hearing. The commission may
					 reject the stipulation or require proof of the stipulated facts, despite the
					 parties' agreement to the stipulation.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-480, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-490 - Hearing - Exhibits and documentary evidence

Current through Register Vol. 24-14, July 15, 2024
(1)
Designation of part of document as
				  evidence.
A party that offers only a portion of a document for admission
				  into the evidentiary record must designate that portion as a separate exhibit.
				  If irrelevant matter included in the original document would unnecessarily
				  encumber the record, the presiding officer may admit only the offered portion
				  into evidence but will allow other parties to offer other portions.
(2)
Government records.
A party
				  may offer into evidence an official document prepared and issued by any
				  governmental authority that is not publicly available or readily accessible by
				  all parties in the form of a certified copy.
(3)
Objections.
Any evidence
				  offered is subject to appropriate and timely objection. The presiding officer
				  need not specifically ask each party whether that party objects to an offer of
				  evidence or other motion or proposed action. Parties that have objections must
				  state them. Failure to object constitutes a waiver of the right to
				  object.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-490, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-495 - Hearing - Rules of evidence; official notice

Current through Register Vol. 24-14, July 15, 2024
(1)
Admissibility; exclusion; offer of
				  proof.
All relevant evidence is admissible if the presiding officer
				  believes it is the best evidence reasonably obtainable, considering its
				  necessity, availability, and trustworthiness. The presiding officer will
				  consider, but is not required to follow, the rules of evidence governing
				  general civil proceedings in non-jury trials before Washington superior courts
				  when ruling on the admissibility of evidence.
The presiding officer may exclude evidence that is
					 irrelevant, repetitive, or inadmissible, whether or not a party objects to the
					 evidence. Parties objecting to the introduction of evidence must state the
					 grounds for the objection at the time the evidence is offered. If the presiding
					 officer excludes the evidence from the record, the presiding officer may
					 provide the party offering that evidence with the opportunity to make an oral
					 or written offer of proof briefly describing the nature and purpose of the
					 evidence for subsequent review of the presiding officer's
					 ruling.
(2)
Official
				  notice.
(a) The commission may take
				  official notice of:
(i) Any judicially
				  cognizable fact, examples of which include, but are not limited to, the
				  following:
(A) Rules, regulations,
				  interpretive and policy statements, administrative rulings, and orders,
				  exclusive of findings of fact, of the commission and other governmental
				  agencies;
(B) Contents of
				  certificates, permits, and licenses issued by the commission; and
(C) Tariffs, classifications, and schedules
				  regularly established by, or filed with, the commission as required or
				  authorized by law;
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart A - Rules of General Applicability › Section 480-07-498 - Hearing - Public comment

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
The commission will receive as a bench exhibit any public
				  comment submitted by nonparties in connection with an adjudicative proceeding.
				  The exhibit will be treated as an illustrative exhibit that expresses public
				  sentiment received concerning the pending matter. The commission may receive
				  into evidence documents a member of the public presents that are exceptional in
				  their probative value after the commission provides the parties an opportunity
				  to respond to those documents.
(2)
Public comment hearing.
The commission may convene one or more
				  public comment hearing sessions to receive oral and written comments from
				  members of the public who are not parties in the proceeding. When the
				  commission conducts a public comment hearing, a presiding officer will make an
				  opening statement explaining the purpose of the hearing and will briefly
				  summarize the principal issues in the matter. The presiding officer will
				  administer an oath to those members of the public who indicate a desire to
				  testify concerning their views on the issues. The presiding officer will call
				  each member of the public who wishes to testify, will inquire briefly into the
				  identity and interests of the witness, and will provide an opportunity for a
				  brief statement . Typically, public witnesses may expect to have three to five
				  minutes to make an oral statement. A public witness may supplement his or her
				  oral statements with written comments signed by the witness.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-498, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart B - General Rate Proceedings › Section 480-07-500 - General rate proceedings-Statement of policy

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of this subpart.
This
				  subpart explains the special requirements for certain filings to change rates
				  charged by electric, natural gas, pipeline, telecommunications, and water
				  companies, low-level radioactive waste sites, solid waste collection companies,
				  and commercial ferries, and marine pilotage services.
(2)
Inconsistencies with subpart A
				  requirements.
If there is any inconsistency between the requirements in
				  sub-part B of these rules and those in subpart A, the requirements in subpart B
				  control.
(3)
Purpose of
				  special rules.
The special requirements in subpart B are designed to
				  standardize presentations, clarify issues, and speed and simplify processing of
				  general rate proceedings.
(4)
Failure to comply.
The commission, pursuant to WAC
				  480-07-141,
				  may reject, or require the company to revise, any filing to initiate a general
				  rate proceeding that does not conform to the requirements of subpart B of these
				  rules. The commission will provide a written statement of its reasons if it
				  rejects a filing. The company may revise or refile a filing that remedies the
				  noncompliance the commission has identified and otherwise fully complies with
				  the rules consistent with the requirements in WAC
				  480-07-141(2),
				  which governs the date on which the commission considers a filing to have been
				  made.
(5)
Less than statutory
				  notice.
The commission may grant requests to alter tariffs on less than
				  statutory notice for good cause shown, in accordance with
				  RCW
				  80.28.060 or
				  81.28.050.
				  A company that seeks to implement general rate proceeding tariff changes on
				  less than statutory notice must include with its filing a complete explanation
				  of the reasons that support such treatment.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. WSR 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-500, filed 11/24/03, effective
						1/1/04.