Washington Administrative Code

(1) If the debarment and disqualification officer determines, by a preponderance of the evidence, that the respondent has committed any act, or made any omission, that constitutes substantial and material noncompliance, the debarment and disqualification officer may issue an orde…

(1) Within thirty days of receipt of notice of temporary disqualification, of a proposal to debar, or of an order of debarment, a respondent may submit to the commission, in person or in writing, personally or through a representative, any information or argument in opposition to…

(1) Any hearing pursuant to WAC 262-03-070(2) will be conducted by the hearing officer appointed by the commission.(2) The respondent may personally appear at the hearing, appear through a duly authorized representative and/or be represented by legal counsel. The respondent, repr…

Any order issued pursuant to WAC 262-03-070(3) or 262-03-090(3) may be appealed to the full commission in accordance with the following procedures:(1) The appeal must be in writing, signed, and received by the chair of the commission no later than ten business days after the resp…

The purpose of this chapter is to promulgate rules concerning the board's practice and procedure pursuant to RCW 51.52.020 and to comply with RCW 42.56.040 through 42.56.520 and chapter 40.14 RCW pertaining to public records.[Statutory Authority: RCW 51.52.020. WSR 18-24-123, § 2…

Unless otherwise provided, the rules of practice and procedure set forth in this chapter are applicable to appeals filed with the board of industrial insurance appeals.[Statutory Authority: RCW 51.52.020. WSR 91-13-038, § 263-12-007, filed 6/14/91, effective 7/15/91. Statutory Au…

It is the function of the board as an agency to review, hold hearings on, and decide appeals filed from final orders, decisions or awards of the department of labor and industries. The jurisdiction of the board extends to:(1) Appeals arising under the Industrial Insurance Act (Ti…

(1) Composition of the board. The board is an independent agency of the state of Washington composed of three members appointed by the governor. One member is a representative of workers, one member is a representative of employers, and the chairperson, who must be an active memb…

(1) Where to file communications with the board. All written communications shall be filed with the board at its headquarters in Olympia, Washington.(2) Methods of filing. Unless otherwise provided by statute or these rules any written communication may be filed with the board by…

(1) Public records available. All public records of the board as defined in chapter 42.56 RCW are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.56.210 through 42.56.470.(2) General information concerning t…

(1) In accordance with requirements of chapter 42.56 RCW, the board will make nonexempt "public records" available for inspection and copying.(2) A request to inspect or copy public records should be made in writing through the records officer email address shown on the board web…

(1) The following copying fees and payment procedures apply to requests to the board under chapter 42.56 RCW and received on or after July 23, 2017.(2) Pursuant to RCW 42.56.120 (2)(b), the board is not calculating all actual costs for copying records because it would be unduly b…

(1) The board shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW 42.56.210 through 42.56.470.(2) Pursuant to RCW 42.56.050, the board may delete identifying details when it makes available or publishes any public r…

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff …

(1) Who may appear? Any party to any appeal may appear before the board at any conference or hearing held in such appeal, either on the party's own behalf or by a representative as described in subsections (3) and (4) of this section.(2) Who must obtain approval prior to represen…

(1) Definition. Whenever used in these rules, the term "industrial appeals judge" shall include any member of the board, the chief legal officer, and any duly authorized industrial appeals judge assigned to conduct a conference or hearing.(2) Duties and powers. It shall be the du…

The board's jurisdiction shall be invoked by filing a written notice of appeal.(1) General rule. In all appeals, the notice of appeal should contain where applicable:(a) The name, mailing address, telephone number, and email address of the appealing party and of the party's repre…

A claim resolution settlement agreement shall be submitted electronically with a signed copy of the agreement. If the worker is not represented by an attorney, the agreement shall address all of the following information. If the worker is represented by an attorney, the agreement…

Amendments to claim resolution settlement agreements are permitted without the requirement to refile the agreement when requested prior to approval or rejection by the board of the claim resolution settlement agreement and signed consent to the amendment is obtained from all orig…

A petition to enforce the terms of a claim resolution settlement agreement must include:(1) A copy of the agreement;(2) A copy of the board order approving the agreement;(3) A statement setting forth the basis for the parties' failure to comply with the agreement; and(4) The curr…

(1) Contents of notice of appeal in WISHA appeals. In all appeals arising under the safety and health provisions of the Washington Industrial Safety and Health Act, the notice of appeal should contain where applicable:(a) The name, mailing address, telephone number, and email add…

In all appeals arising under the discrimination provisions of the Washington Industrial Safety and Health Act, RCW 49.17.160, the notice of appeal should contain where applicable:(1) The name, mailing address, telephone number, and email address of the employee who filed the comp…

(1) In cases arising under the Industrial Insurance Act, or the Worker and Community Right to Know Act, the notice of appeal shall be filed within 60 days from the date the copy of the order, decision or award of the department was received by the appealing party, except an appea…

In cases arising under the Industrial Insurance Act, the Worker and Community Right to Know Act, and the Crime Victims Compensation Act, the board may, within the times prescribed by RCW 51.52.090, enter an order making final disposition of an appeal, without prejudice to any par…

If the appeal is not disposed of pursuant to WAC 263-12-065, the appeal shall be granted and proceedings scheduled. The board shall forthwith notify all interested parties of the receipt and granting of the appeal, and shall forward a copy thereof to the other interested parties.…

Within twenty days of receipt of notification of granting an appeal in cases arising under the Industrial Insurance Act, the worker or the employer, as the case may be, may file a cross appeal with the board from the order of the department from which the original appeal was take…

If any notice of appeal is found by the board to be defective or insufficient, the board may require the party filing said notice of appeal to correct, clarify or amend the same to conform to the requirements of the statute and the board's rules. The board may refuse to schedule …

(1) Firearms and other dangerous weapons are prohibited at all facilities owned, leased, or operated by the board of industrial insurance appeals and in the rooms where the board of industrial insurance appeals is conducting any board-related event.(a) This prohibition applies to…

Once an appeal has been granted, it shall be assigned to an industrial appeals judge with direction to conduct a settlement conference or a conference to schedule the appeal for hearing. The industrial appeals judge may, in his or her discretion, conduct conferences in person or …

Notice of disqualification against an industrial appeals judge in an appeal will disqualify a judge from hearing or deciding a matter, except only one notice may be filed by a party in an appeal and such notice must be filed:(1) Within thirty days of receipt of the notice of assi…

(1) Except as otherwise required by law, subsection (3) of this section, or by expressed agreement of the parties, all mediation and claim resolution settlement agreement conferences conducted pursuant to RCW 51.52.095 or 51.04.063, including communications, statements, and discl…

(1) If an agreement concerning final disposition of any appeal is reached by all the parties present or represented at a conference, an order shall be issued in conformity with their agreement, providing the board finds the agreement is in accordance with the law and the facts.(a…

(1) Scheduling information. If no agreement is reached by the parties as to the final disposition of an appeal, the industrial appeals judge presiding at a settlement conference may direct that the appeal be assigned to an industrial appeals judge for the purpose of scheduling an…

(1) When an impaired person as defined in chapter 2.42 RCW or a non-English-speaking person as defined in chapter 2.43 RCW is a party or witness in a hearing before the board of industrial insurance appeals, the industrial appeals judge may appoint an interpreter to assist the pa…

(1) Time. In those cases that proceed to hearing, the board shall mail notice of scheduled hearings to all parties at their last known address as shown by the records of the board or department of labor and industries not less than fifteen days prior to the hearing date: Hearings…

If a statute requires that the board conduct an expedited hearing in a matter, the matter will be referred to a duly authorized industrial appeals judge. Notices of conferences and hearings related to the expedited hearing will conform to the requirements identified in WAC 263-12…

(1) Industrial appeals judge. All hearings shall be conducted by an industrial appeals judge who shall conduct the hearing in an orderly manner and rule on all procedural matters, objections and motions.(2) Order of presentation of evidence.(a) In any appeal under either the Indu…

(1) Tangible exhibits shall be submitted on paper 8 1/2" x 11" in size. A larger version may be shown to the judge or witness for purpose of demonstration and a smaller version marked and offered as the exhibit.(2) Electronic exhibits containing documents, pictures, audio, video,…

(1) Evidence by deposition. The industrial appeals judge may permit or require the perpetuation of testimony by deposition, subject to the applicable provisions of WAC 263-12-115. Such ruling may only be given after the industrial appeals judge gives due consideration to:(a) The …

(1) Definition. A party's written or oral request for the board to take action on a pending appeal is a "motion." Motions must be in writing unless made during a hearing before an industrial appeals judge. The board recognizes that there are two basic categories of motions:(a) No…

(1) Motion to dismiss.(a) General. A party may move to dismiss another party's appeal on the asserted basis that the notice of appeal fails to state a claim on which the board may grant relief. The board will consider the standards applicable to a motion made under CR 12(b)(6) of…

(1) General. Any employer may move for a stay of the department order on appeal, in whole or in part, as provided in RCW 51.52.050 (2)(b). The board will grant the motion to stay if the moving party demonstrates that it is more likely than not to prevail on the facts as they exis…

The industrial appeals judge may, when all parties have rested, present such evidence, in addition to that presented by the parties, as deemed necessary to decide the appeal fairly and equitably, and in the exercise of this power, a physical, mental or vocational examination or e…

Insofar as applicable, and not in conflict with these rules, the statutes and rules regarding procedures in civil cases in the superior courts of this state shall be followed.[Statutory Authority: RCW 51.52.020. WSR 91-13-038, § 263-12-125, filed 6/14/91, effective 7/15/91. Statu…

The record in any contested case shall consist of the order of the department, the notice of appeal therefrom, all orders issued by the board (including litigation orders and judge's report of proceeding), responsive pleadings, if any, and notices of appearances, and any other wr…

Upon completion of the record an industrial appeals judge shall enter a proposed decision and order which shall be in writing and contain findings of fact and conclusions of law as to each contested issue of fact and law, as well as the order based thereon. Copies of the proposed…

(1) Time for filing. Within 20 days from the date of communication of the proposed decision and order to the parties or their representatives of record, any aggrieved party may file with the board a written petition for review. When a petition for review is filed, the failure of …

(1) Where no petition for review is filed. In the event no petition for review is filed as provided herein by any party, the proposed decision and order of the industrial appeals judge shall be adopted by the board and become the decision and order of the board, and no appeal may…

In those cases where a petition for review is granted, the record before the board shall be considered by a panel of at least two of the members of the board, on which not more than one industry and one labor member serve. The chairperson may be a member of any panel. The decisio…

The board will consider motions to reconsider and motions to vacate final board orders. The procedure for review of final orders is as defined in CR 59 and CR 60 of the Washington court rules except that hearings on the motion will be held solely at the discretion of the board. A…