reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-150 - Discovery

Current through Register Vol. 24-14, July 15, 2024
(1) Attorneys of record may use discovery procedures in a manner consistent with the civil rules for the superior courts of the state of Washington.
(2) A party appearing pro se or not represented by counsel may obtain an order of discovery from the personnel appeals board or the hearings examiner and may use discovery procedures in a manner consistent with the civil rules of the superior courts of the state of Washington.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-150, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-160 - Quashing

Current through Register Vol. 24-14, July 15, 2024
Upon motion promptly made by a party to the appeal or by the person to whom the subpoena or discovery is directed and upon notice to the party who issued the subpoena or discovery, the personnel appeals board or hearings examiner may after a hearing:
(1) Deny the motion;
(2) Grant the motion if the subpoena or discovery is unreasonable or requires evidence not relevant to any matter in issue; or
(3) Deny the motion with modification of the subpoena or discovery for just and reasonable cause.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-160, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-170 - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
At any hearing on appeal from a layoff or reduction in force, dismissal, suspension, demotion, reduction in pay, dismissal for abandonment or disability separation the appointing authority shall have the burden of supporting the charges upon which the action was initiated. At any other hearing, the party filing the action shall have the burden of proof.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-170, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-170, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-180 - Restoration of rights and benefits

Current through Register Vol. 24-14, July 15, 2024
Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and OASDI credits as provided for in RCW  41.06.220.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-180, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-190 - Service

Current through Register Vol. 24-14, July 15, 2024
(1) All notices, documents and other papers filed with the board, after the initial filing of the appeal, shall be served upon each of the parties and the hearings examiner to whom the appeal is assigned, if any, all within the time stated. Service shall be made personally, or, except as provided in WAC 358-30-070(1), by first class mail.
(2) Service upon parties shall be regarded as complete when personal service has been accomplished; or by mail three days after deposit in the United States mail properly stamped and addressed.
Statutory Authority: RCW 41.64.060 and 34.05.220 [(1)](a). 95-07-074, §
										358-30-190, filed 3/15/95, effective 4/15/95. Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-190, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-200 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
The day of the act, event or default after which the designated period of time begins to run is not to be included in computing any period of time prescribed or allowed by the personnel appeals board rules. The last day of the period so computed is to be included unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-30-200, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-210 - Appeals to superior court

Current through Register Vol. 24-14, July 15, 2024
Within 30 calendar days after the recording and mailing of a personnel appeals board order in appeal cases provided for in RCW  41.06.170(2), the employee may appeal to the Thurston County superior court as provided in RCW  41.64.130. The grounds for the appeal shall be stated in a written notice of appeal filed with the court, with copies thereof served on a member of the board or the executive secretary and on the employing agency, all within the appeal period.
Statutory Authority: Chapter 41.64 RCW. 85-20-001 (Order 85-2), §
										358-30-210, filed 9/19/85; 82-01-053 (Order 81-4), §
										358-30-210, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-30 - Hearings - Procedures › Section 358-30-220 - Record for the court - Transcripts on appeal

Current through Register Vol. 24-14, July 15, 2024
(1) By stipulation the parties may agree to shorten the record to be filed with the court. The appellant shall contact counsel for the respondent to discuss stipulating to a shortened record. Either party unreasonably refusing to stipulate to such a limitation may be ordered by the court to pay the additional costs involved.
(2) Within 10 days after filing the notice of appeal, the appellant will notify the board in writing of the portion of the record to be filed.
(3) The transcript certified to the court will be paid for by the board.
(4) The parties may obtain a copy of a transcript to be used on appeal:
(a) If the proceedings before the hearings examiner or board were recorded by a court reporter, a copy of the transcript can be ordered from the court reporter.
(b) If the proceedings were recorded mechanically, a copy can be ordered from the board for a reasonable charge per page.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-40 - Public disclosure › Section 358-40-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by the personnel appeals board with the provisions of chapter 42.17 RCW, Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with sections 25 through 32 of that chapter, dealing with public records.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-40-010, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-40 - Public disclosure › Section 358-40-020 - Location of agency

Current through Register Vol. 24-14, July 15, 2024
(1) The administrative offices of the personnel appeals board and its staff are located at 2828 Capitol Boulevard, Olympia, Washington 98501.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-40-020, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-40 - Public disclosure › Section 358-40-030 - Conduct of business

Current through Register Vol. 24-14, July 15, 2024
The general conduct of agency business shall be pursuant to the provisions of chapter 41.64 RCW and Title 358 WAC.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-40-030, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-40 - Public disclosure › Section 358-40-040 - Office hours

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying from 8:00 a.m. until 12 noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-40-040, filed 12/16/81.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-40 - Public disclosure › Section 358-40-050 - Records availability - Copies obtained

Current through Register Vol. 24-14, July 15, 2024
(1) Copies of all public records defined in Title 358 WAC and identified in current indexes maintained in the principal office of the personnel appeals board shall be made available upon request to the public records officer. Response to such requests will be in the order received.
(2) Available indexes shall include the following:
(a)Title 358 WAC.
(b) Notices and minutes of meetings.
(c) Personnel appeals board orders.
(d) Personnel appeals board budget and planning documents.
(e) Staff administrative procedures manuals.
(f) Factual staff reports and studies.
Washington Administrative Code › Title 358 - Personnel Appeals Board › Chapter 358-40 - Public disclosure › Section 358-40-060 - Exemptions - Public records

Current through Register Vol. 24-14, July 15, 2024
(1) The public records officer shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW  42.17.310.
(2) Pursuant to RCW  42.17.260, the public records officer may delete identifying details when he/she makes available or publishes any public record and in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer will justify such deletion in writing.
(3) Denials of requests for public records must be accompanied by a written statement specifying the reason for the denial. A statement of the specific exemption in chapter 42.17 RCW authorizing withholding the record and a brief explanation of how the exemption applies to the record withheld will be included.
(4) Upon written request, denials of requests for public records will be reviewed by the executive secretary within two working days.
Statutory Authority: Chapter 41.64 RCW. 82-01-053 (Order 81-4), §
										358-40-060, filed 12/16/81.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-001 - General rule and information

Current through Register Vol. 24-14, July 15, 2024
The chairperson of the board of pilotage commissioners is the
				assistant secretary of marine operations of the department of transportation of
				the state of Washington or the assistant secretary's designee. Information
				regarding the Pilotage Act, complaints and other matters coming under the
				provisions of the Pilotage Act and the board's rules and regulations may be
				obtained by contacting the chairperson or the board's staff in person or in
				writing at the Office of the Board of Pilotage Commissioners. All public
				documents in the custody of the board may be obtained upon request made to the
				chairperson of the Board of Pilotage Commissioners.
Any matter filed with the chairperson and/or the staff will be
				brought to the attention of the board at its next regular meeting, the date of
				which is the second Thursday of each month. Persons desiring to do so may also
				attend the board meetings. Please see
www.pilotage.wa.gov
for office hours, meeting
				times and locations.
The purpose and scope of activity of the board of pilotage
				commissioners are set out in
				chapter
				88.16 RCW and are as
				follows:
Scope:
(1) Puget Sound
			 pilotage district.
(2) Grays Harbor
			 pilotage district.
Purpose: The purpose of the board of pilotage commissioners is
				to prevent the loss of human lives, loss of property and vessels and to protect
				the marine environment by maintenance of a competent and efficient pilotage
				service on the state's waters. To accomplish this end the board examines
				proficiency of potential pilots, licenses pilots, regulates pilots, enforces
				the use of pilots, sets pilotage rates, receives and investigates reports of
				accidents involving pilots, keeps records of various matters affecting pilotage
				and fulfills other responsibilities enumerated in
				chapter
				88.16 RCW.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-001, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-001, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 80-03-081 (Order 79-6, Resolution
				  No. 79-6), § 296-11-001, filed 3/4/80. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-11-001, filed 8/23/78; Order 2-68, §
				  296-11-001, filed 11/1/68.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-010 - Appearance and practice before agency - Who may appear

Current through Register Vol. 24-14, July 15, 2024
No person may appear in a representative capacity before the
				board of pilotage commissioners or its designated hearing officer other than
				the following:
(1) Attorneys at law
			 duly qualified and entitled to practice before the supreme court of the state
			 of Washington.
(2) Attorneys at law
			 duly qualified and entitled to practice before the highest court of record of
			 any other state, if the attorneys at law of the state of Washington are
			 permitted to appear in a representative capacity before administrative agencies
			 of such other state, and if not otherwise prohibited by our state
			 law.
(3) Persons otherwise
			 qualified as possessing the requisite skill to appear and expertly represent
			 others who have applied to the board of pilotage commissioners and have been
			 duly authorized by the board to appear in a representative capacity before the
			 board.
(4) A bona fide officer,
			 partner, or full time employee of an individual firm, association, partnership,
			 or corporation who appears for such individual firm, association, partnership,
			 or corporation.
97-08-042, recodified as §
										363-11-010, filed 3/28/97,
				  effective 3/28/97; Rule .08.010, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-020 - Appearance and practice before agency - Appearance in certain proceedings may be limited to attorneys

Current through Register Vol. 24-14, July 15, 2024
In all hearings involving the taking of testimony and the
				formulation of a record subject to review by the courts, where the board of
				pilotage commissioners or its designated hearing officer determines that
				representative activity in such hearing requires a high degree of legal
				training, experience, and skill, the board or its designated hearing officer
				may limit those who may appear in a representative capacity to attorneys at
				law.
97-08-042, recodified as §
										363-11-020, filed 3/28/97,
				  effective 3/28/97; Rule .08.020, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-030 - Appearance and practice before agency - Solicitation of business unethical

Current through Register Vol. 24-14, July 15, 2024
It shall be unethical for persons acting in a representative
				capacity before the board of pilotage commissioners to solicit business by
				circulars, advertisements or by personal communication or interviews not
				warranted by personal relations, provided that such representatives may publish
				or circulate business cards. It is equally unethical to procure business
				indirectly by solicitors of any kind.
97-08-042, recodified as §
										363-11-030, filed 3/28/97,
				  effective 3/28/97; Rule .08.030, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-040 - Appearance and practice before agency - Standards of ethical conduct

Current through Register Vol. 24-14, July 15, 2024
All persons appearing in proceedings before the board of
				pilotage commissioners in a representative capacity shall conform to the
				standards of ethical conduct required of attorneys before the courts of
				Washington. If any such person does not conform to such standards, the board
				may decline to permit such person to appear in a representative capacity in any
				proceeding before the board.
97-08-042, recodified as §
										363-11-040, filed 3/28/97,
				  effective 3/28/97; Rule .08.040, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-050 - Appearance and practice before agency - Appearance by former employee of board or member of attorney general's staff

Current through Register Vol. 24-14, July 15, 2024
No former employee of the board of pilotage commissioners or
				member of the attorney general's staff may at any time after severing his
				employment with the board or the attorney general appear, except with the
				written permission of the board, and in compliance with chapter 42.22 RCW, in a
				representative capacity on behalf of other parties in a formal proceeding
				wherein he previously took an active part as a representative of the
				board.
97-08-042, recodified as §
										363-11-050, filed 3/28/97,
				  effective 3/28/97; Rule .08.050, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-060 - Appearance and practice before agency - Former employee as expert witness

Current through Register Vol. 24-14, July 15, 2024
No former employee of the board of pilotage commissioners shall
				at any time after severing his employment with the board appear, except with
				the written permission of the board, and in compliance with chapter 42.22 RCW,
				as an expert witness on behalf of other parties in a formal proceeding wherein
				he previously took an active part in the investigation as a representative of
				the board.
97-08-042, recodified as §
										363-11-060, filed 3/28/97,
				  effective 3/28/97; Rule .08.060, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-090 - Adoption of the model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
Except as they may be inconsistent with the rules of this
				chapter, the board adopts the model rules of procedure as set forth in chapter
				10-08 WAC, et seq. Where the rules of this chapter conflict with chapter 10-08
				WAC, the rules of this chapter shall govern.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-090, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-090, filed 3/28/97,
				  effective 3/28/97; Rule .08.090, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-230 - Depositions and interrogatories - Right to take

Current through Register Vol. 24-14, July 15, 2024
Except as may be otherwise provided in this chapter, any party
				may take the testimony of any person, including a party, by deposition upon
				oral examination or written interrogatories for use as evidence in the
				proceeding, except that leave must be obtained if notice of the taking is
				served by a proponent within twenty days after the filing of a complaint. The
				attendance of witnesses may be compelled by the use of a subpoena. Depositions
				shall be taken only in accordance with this rule and the rule of
				subpoenas.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-230, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-230, filed 3/28/97,
				  effective 3/28/97; Rule .08.230, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-240 - Depositions and interrogatories - Scope

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise ordered, the deponent may be examined
				regarding any matter not privileged, which is relevant to the subject matter
				involved in the proceeding. Depositions shall not exceed four hours, including
				breaks, unless otherwise agreed to by the parties, or unless otherwise ordered
				by the presiding officer based upon a motion by the party seeking the
				deposition demonstrating good cause why the deposition should exceed four
				hours.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-240, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-240, filed 3/28/97,
				  effective 3/28/97; Rule .08.240, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-250 - Depositions and interrogatories - Officer before whom taken

Current through Register Vol. 24-14, July 15, 2024
Within the United States or within a territory or insular
				possession subject to the dominion of the United States depositions shall be
				taken before an officer authorized to administer oaths by the laws of the state
				of Washington or of the place where the examination is held; within a foreign
				country, depositions shall be taken before a secretary of an embassy or
				legation, consul general, vice consul or consular agent of the United States,
				or a person designated by the board of pilotage commissioners or agreed upon by
				the parties by stipulation in writing filed with the board. Except by
				stipulation, no deposition shall be taken before a person who is a party or the
				privy of a party, or a privy of any counsel of a party, or who is financially
				interested in the proceeding.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-250, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-250, filed 3/28/97,
				  effective 3/28/97; Rule .08.250, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-260 - Depositions and interrogatories - Authorization

Current through Register Vol. 24-14, July 15, 2024
A party desiring to take the deposition of any person upon oral
				examination shall give reasonable notice of not less than fifteen days in
				writing to the board of pilotage commissioners and all parties. The notice
				shall state the time and place for taking the deposition, the name and address
				of each person to be examined, if known, and if the name is not known, a
				general description sufficient to identify him or the particular class or group
				to which he belongs. If the parties so stipulate in writing, depositions may be
				taken before any person, at any time or place, upon any notice, and in any
				manner and when so taken may be used as other depositions.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-260, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-260, filed 3/28/97,
				  effective 3/28/97; Rule .08.260, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-270 - Depositions and interrogatories - Protection of parties and deponents

Current through Register Vol. 24-14, July 15, 2024
After notice is served for taking a deposition, upon its own
				motion or upon motion reasonably made by any party or by the person to be
				examined and upon notice and for good cause shown the board of pilotage
				commissioners or its designated hearing officer may make an order that the
				deposition shall not be taken, or that it may be taken only at some designated
				place other than that stated in the notice, or that it may be taken only on
				written interrogatories, or that certain matters shall not be inquired into, or
				that the scope of the examination shall be limited to certain matters, or that
				the examination shall be limited to certain matters, or that the examination
				shall be held with no one present except the parties to the action and their
				officers or counsel, or that after being sealed, the deposition shall be opened
				only by order of the board, or that business secrets or secret processes,
				developments, or research need not be disclosed, or that the parties shall
				simultaneously file specified documents or information enclosed in sealed
				envelopes to be opened as directed by the board, or the board may make any
				other order which justice requires to protect the party or witness from
				annoyance, embarrassment, or oppression. At any time during the taking of the
				deposition, on motion of any party or of the deponent and upon a showing that
				the examination is being conducted in bad faith or in such manner as
				unreasonably to annoy, embarrass, or oppress the deponent or party, the board
				or its designated hearing officer may order the officer conducting the
				examination to cease forthwith from taking the deposition, or may limit the
				scope and manner of the taking of the deposition as above provided. If the
				order made terminates the examination, it shall be resumed thereafter only upon
				the order of the board. Upon demand of the objecting party or deponent, the
				taking of the deposition shall be suspended for the time necessary to make a
				motion for an order.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-270, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-270, filed 3/28/97,
				  effective 3/28/97; Rule .08.270, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-290 - Depositions and interrogatories - Recordation

Current through Register Vol. 24-14, July 15, 2024
The officer before whom the deposition is to be taken shall put
				the witness on oath and shall personally or by someone acting under his
				direction and in his presence, record the testimony by transcription from
				stenographic notes. Depositions shall not be recorded via videotape, or other
				video recording device under any circumstances. Objections to the notice,
				qualifications of the officer taking the deposition, or to the manner of taking
				it, or to the evidence presented or to the conduct of the officer, or of any
				party, shall be noted by the officer upon the deposition. All objections by any
				party not so made are waived.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-290, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-290, filed 3/28/97,
				  effective 3/28/97; Rule .08.290, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-310 - Depositions and interrogatories - Use and effect

Current through Register Vol. 24-14, July 15, 2024
Subject to rulings by the hearing officer upon objections a
				deposition taken and filed as provided in this rule will not become a part of
				the record in the proceeding until received in evidence by the hearing officer
				upon the motion of any party. Except by agreement of the parties or ruling of
				the hearing officer, only that portion of the deposition transcript cited
				during the adjudicative hearing which demonstrates that the witness made a
				previously inconsistent statement may become a part of the record of
				proceedings. The portion of the transcript submitted shall include such
				testimony necessary to give proper context to the witness's prior statement, as
				determined by the hearing officer. A party does not make a party, or the privy
				of a party, or any hostile witness his witness by taking his deposition. Any
				party may rebut any relevant evidence contained in a deposition whether
				introduced by him or any other party.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-310, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-310, filed 3/28/97,
				  effective 3/28/97; Rule .08.310, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-320 - Depositions and interrogatories in contested cases - Fees of officers and deponents

Current through Register Vol. 24-14, July 15, 2024
Deponents whose depositions are taken and the officers taking
				the same shall be entitled to the same fees as are paid for like services in
				the superior courts of the state of Washington which fees shall be paid by the
				party at whose instance the depositions are taken.
97-08-042, recodified as §
										363-11-320, filed 3/28/97,
				  effective 3/28/97; Rule .08.320, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-330 - Depositions upon interrogatories - Submission of interrogatories

Current through Register Vol. 24-14, July 15, 2024
Where written interrogatories are submitted as permitted under
				this chapter, the party offering the testimony shall separately and
				consecutively number each interrogatory. The number of interrogatories shall
				not exceed five, including subparts. Answers shall be provided within sixty
				days of receipt, unless otherwise ordered by the presiding officer, and may be
				submitted as a part of the record of proceedings upon a motion duly made by
				either party.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-330, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-330, filed 3/28/97,
				  effective 3/28/97; Rule .08.330, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-350 - Depositions upon interrogatories - Attestation and return

Current through Register Vol. 24-14, July 15, 2024
The answers to interrogatories shall certify under penalty of
				perjury, of the laws of the state of Washington that the answers are true and
				correct as of the date of attestation.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-350, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-350, filed 3/28/97,
				  effective 3/28/97; Rule .08.350, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-370 - Official notice - Matters of law

Current through Register Vol. 24-14, July 15, 2024
The board of pilotage commissioners or its hearing officer,
				upon request made before or during a hearing, will officially notice:
(1)
Federal law.
The
			 Constitution; congressional acts, resolutions, records, journals and committee
			 reports; decisions of federal courts and administrative agencies; executive
			 orders and proclamations; and all rules, orders and notices published in the
			 Federal Register;
(2)
State
			 law.
The Constitution of the state of Washington, acts of the
			 legislature, resolutions, records, journals and committee reports; decisions of
			 administrative agencies of the state of Washington, executive orders and
			 proclamations by the governor; and all rules, orders and notices filed with the
			 code reviser.
(3)
Governmental organization.
Organization, territorial limitations,
			 officers, departments, and general administration of the government of the
			 state of Washington, the United States, the several states and foreign
			 nations;
(4)
Agency
			 organization.
The board of pilotage commissioners' organization,
			 administration, officers, personnel, official publications, and practitioners
			 before its bar.
97-08-042, recodified as §
										363-11-370, filed 3/28/97,
				  effective 3/28/97; Rule .08.370, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-390 - Presumptions

Current through Register Vol. 24-14, July 15, 2024
Upon proof of the predicate facts specified in the following
				six subsections hereof without substantial dispute and by direct, clear, and
				convincing evidence, the board of pilotage commissioners, with or without prior
				request or notice, may make the following presumptions, where consistent with
				all surrounding facts and circumstances:
(1)
Continuity.
That a fact of a
			 continuous nature, proved to exist at a particular time, continues to exist as
			 of the date of the presumption, if the fact is one which usually exists for at
			 least that period of time;
(2)
Identity.
That persons and objects of the same name and
			 description are identical;
(3)
Delivery.
Except in a proceeding where the liability of the
			 carrier for nondelivery is involved, that mail matter, communications, express
			 or freight, properly addressed, marked, billed and delivered respectively to
			 the post office, telegraph, cable or radio company, or authorized common
			 carrier of property with all postage, tolls and charges properly prepaid, is or
			 has been delivered to the addressee or consignee in the ordinary course of
			 business;
(4)
Ordinary
			 course.
That a fact exists or does not exist, upon proof of the
			 existence or nonexistence of another fact which in the ordinary and usual
			 course of affairs, usually and regularly co-exists with the fact
			 presumed;
(5)
Acceptance of
			 benefit.
That a person for whom an act is done or to whom a transfer is
			 made has, does or will accept same where it is clearly in his own self-interest
			 so to do;
(6)
Interference
			 with remedy.
That evidence, with respect to a material fact which in bad
			 faith is destroyed, eloigned, suppressed or withheld by a party in control
			 thereof, would if produced, corroborate the evidence of the adversary party
			 with respect to such fact.
97-08-042, recodified as §
										363-11-390, filed 3/28/97,
				  effective 3/28/97; Rule .08.390, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-400 - Stipulations and admissions of record

Current through Register Vol. 24-14, July 15, 2024
The existence or nonexistence of a material fact, as made or
				agreed in a stipulation or in an admission of record, will be conclusively
				presumed against any party bound thereby, and no other evidence with respect
				thereto will be received upon behalf of such party, provided:
(1)
Upon whom binding.
Such a
			 stipulation or admission is binding upon the parties by whom it is made, their
			 privies and upon all other parties to the proceeding who do not expressly and
			 unequivocally deny the existence or nonexistence of the material fact so
			 admitted or stipulated, upon the making thereof, if made on the record at a
			 pre-hearing conference, oral hearing, oral argument or by a writing filed and
			 served upon all parties within five days after a copy of such stipulation or
			 admission has been served upon them;
(2)
Withdrawal.
Any party bound
			 by a stipulation or admission of record at any time prior to final decision may
			 be permitted to withdraw the same in whole or in part by showing to the
			 satisfaction of the hearing officer or the board of pilotage commissioners 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 rights of other parties to the
			 proceeding.
97-08-042, recodified as §
										363-11-400, filed 3/28/97,
				  effective 3/28/97; Rule .08.400, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-420 - Scope of discovery, relevant documents for hearings and record of proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Hearings brought pursuant to WAC
			 363-116-083 and
			 363-116-084. The scope of
			 discovery and relevant admissible documents, shall be limited to those
			 materials bearing on the issues set forth in WAC
			 363-116-083(5)
			 and 363-116-084(5),
			 and as may otherwise be limited by chapter 363-11 WAC herein. Documentation and
			 materials relating to the performance of pilot applicants other than those
			 requesting a hearing are not relevant, they shall not be subject to discovery,
			 they shall not be submitted as an exhibit or referenced in any hearing, nor
			 shall they be submitted for inclusion in any record of proceeding conducted
			 pursuant to WAC
			 363-116-083 and
			 363-116-084.
(2) Hearings brought pursuant to WAC
			 363-116-086. The scope of
			 discovery and relevant admissible documents shall be limited to those materials
			 bearing on the issues set forth in WAC
			 363-116-086, and as may otherwise
			 be limited by chapter 363-11 WAC herein. Documentation and materials relating
			 to the performance of pilot trainees other than those requesting a hearing are
			 not relevant, they shall not be subject to discovery, they shall not be
			 submitted as an exhibit or referenced in any hearing, nor shall they be
			 submitted for inclusion in any hearing or record of proceeding conducted
			 pursuant to WAC
			 363-116-086.
(3) Hearings brought pursuant to
			 RCW
			  88.16.100(5), WAC
			 363-116-370 and
			 363-116-420. The scope of
			 discovery and relevant admissible documents shall be limited to those materials
			 bearing on the issues set forth in
			 RCW
			  88.16.110(5), WAC
			 363-116-370 and
			 363-116-420.
In all proceedings the issues to be adjudicated shall be made
				initially as precise as possible, in order that hearing officers may proceed
				promptly to conduct the hearings on relevant and material matter
				only.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-420, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-420, filed 3/28/97,
				  effective 3/28/97; Rule .08.420, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-460 - Excerpts from documentary evidence

Current through Register Vol. 24-14, July 15, 2024
When portions only of a document are to be relied upon, the
				offering party shall prepare the pertinent excerpts, adequately identified, and
				shall supply copies of such excerpts, together with a statement indicating the
				purpose for which such materials will be offered, to the hearing examiner and
				to the other parties. Only the excerpts, so prepared and submitted, shall be
				received in the record. However, the whole of the original document shall be
				made available for examination and for use by all parties to the
				proceeding.
97-08-042, recodified as §
										363-11-460, filed 3/28/97,
				  effective 3/28/97; Rule .08.460, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-470 - Expert or opinion testimony - Number and qualifications of witnesses

Current through Register Vol. 24-14, July 15, 2024
That the hearing examiner or other appropriate officer in all
				classes of cases where practicable make an effort to have the interested
				parties agree upon the witness or witnesses who are to give expert or opinion
				testimony, either by selecting one or more to speak for all parties or by
				limiting the number for each party; and, if the interested parties cannot
				agree, require them to submit to him and to the other parties written
				statements containing the names, addresses and qualifications of their
				respective opinion or expert witnesses, by a date determined by him and fixed
				sufficiently in advance of the hearing to permit the other interested parties
				to investigate such qualifications.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-470, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-470, filed 3/28/97,
				  effective 3/28/97; Rule .08.470, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-480 - Expert or opinion testimony - Written sworn statements

Current through Register Vol. 24-14, July 15, 2024
That the hearing examiner or other appropriate officer, in all
				classes of cases in which it is practicable and permissible, require, and when
				not so permissible, make every effort to bring about by voluntary submission,
				that all direct opinion or expert testimony and all direct testimony be reduced
				to written sworn statements, and, together with the exhibits upon which based,
				be submitted to him and to the other parties to the proceeding by a date
				determined by the hearing officer and fixed a reasonable time in advance of the
				hearing, which shall be no less than sixty days prior to the hearing; and that
				such sworn statements be acceptable as evidence upon formal offer at the
				hearing, subject to objection on any ground except that such sworn statements
				shall not be subject to challenge because the testimony is not presented
				orally, and provided that witnesses making such statements shall not be subject
				to cross-examination unless a request is made sufficiently in advance of the
				hearing to insure the presence of the witnesses. If cross examination is
				requested, the sworn written statement may be supplemented with live direct
				testimony consistent with the sworn written statement.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-480, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-480, filed 3/28/97,
				  effective 3/28/97; Rule .08.480, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-490 - Expert or opinion testimony - Supporting data

Current through Register Vol. 24-14, July 15, 2024
That the hearing examiner or other appropriate officer, in his
				discretion but consistent with the rights of the parties, cause the parties to
				make available for inspection in advance of the hearing, and for purposes of
				cross-examination at the hearing, the data underlying statements and exhibits
				submitted in accordance with WAC
				363-11-480, at least sixty day
				prior to the hearing, but, wherever practicable that he restrict to a minimum
				the placing of such data in the record.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-490, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-490, filed 3/28/97,
				  effective 3/28/97; Rule .08.490, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-500 - Expert or opinion testimony and testimony based on economic or statistical data - Effect of noncompliance with WAC 363-11-470 or 363-11-480

Current through Register Vol. 24-14, July 15, 2024
Whenever the manner of introduction of opinion or expert
				testimony is governed by requirements fixed under the provisions of WAC
				363-11-470 or
				363-11-480, such testimony not
				submitted in accordance with the relevant requirements shall not be received in
				evidence in the absence of a clear showing that the offering party had good
				cause for his failure to conform to such requirements.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-500, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-500, filed 3/28/97,
				  effective 3/28/97; Rule .08.500, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-510 - Continuances

Current through Register Vol. 24-14, July 15, 2024
Any party who desires a continuance shall, immediately upon
				receipt of notice of a hearing, or as soon thereafter as facts requiring such
				continuance come to his knowledge, notify the board of pilotage commissioners
				or its designated hearing officer of said desire, stating in detail the reasons
				why such continuance is necessary. The board or its designated hearing officer,
				in passing upon a request for continuance, shall consider whether such request
				was promptly and timely made. For good cause shown, the board or its designated
				hearing officer may grant such a continuance and may at any time order a
				continuance upon its or his own motion. During a hearing, if it appears in the
				public interest or in the interest of justice that further testimony or
				argument should be received, the examiner or other officer conducting the
				hearing may in his discretion continue the hearing and fix the date for
				introduction of additional evidence or presentation of argument. Such oral
				notice shall constitute final notice of such continued
				hearing.
97-08-042, recodified as §
										363-11-510, filed 3/28/97,
				  effective 3/28/97; Rule .08.510, effective 3/1/60, filed
				  3/23/60.