Washington Administrative Code

(1) At any hearing on appeal of a:(a) Dismissal, suspension, demotion, or reduction in base salary, the employer has the burden of supporting the charges upon which the action was initiated; or(b) Layoff or separation, the employer has the burden of supporting both the basis for …

(1) Any party to a hearing may make a written motion to the board to continue a hearing for good cause. The motion must state the specific reason(s) and the period of time for which a continuance is necessary.(2) Any party desiring a continuance must first orally contact the oppo…

(1) Except as otherwise provided in a prehearing conference statement or as otherwise specifically provided in these rules, written motions and any supporting affidavits must be filed and served not less than thirty calendar days before the hearing date. Any opposing affidavits m…

The board may refuse to consider motions that are not filed on time.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-125, filed 12/21/04, effective 7/1/05.]

Any party submitting documents in support of or in opposition to a motion must include proposed findings, conclusions, and order.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-130, filed 12/21/04, effective 7/1/05.]

When the motion will be considered by the board, the party submitting the documents must provide the original and three copies to the board and one copy to each opposing party. When the motion will be considered by a hearing officer the original will go to the hearing officer, an…

(1) The board or hearing officer may decide all or any part of an appeal by motion if the documents, depositions and affidavits on file show there is no genuine issue as to any material fact and the appeal should be decided or dismissed as a matter of law. The board or hearing of…

(1) The board may require all parties to file a prehearing statement of position.(2) If the board does not require statements, parties may still choose to file a prehearing statement.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-145, filed 12/21/04, effective 7…

(1) If a party is filing a prehearing statement, the statement must be provided to the board and opposing party at least fourteen calendar days before the scheduled hearing date or at such time as set at the prehearing conference.(2) Any opposing response to these statements must…

The prehearing statements must include a summary of the evidence the party intends to present; a listing of the rules or statutes upon which the party intends to rely; a statement of the remedy requested; and an argument as to why the party is entitled to the requested remedy.[St…

A party submitting prehearing statement(s) must provide the original and three copies to the board and one copy to each opposing party. When the prehearing statement will be considered by a hearing officer the original will go to the hearing officer, and one copy to each opposing…

The board may refuse to consider prehearing statements that are not filed on time.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-165, filed 12/21/04, effective 7/1/05.]

(1) At the conclusion of a hearing, the hearing officer may require post-hearing briefs.(2) The hearing officer may affirm, reverse or modify an action of an employer or remand the matter for further proceedings.(3) When the hearing officer reduces a dismissal to a suspension, th…

(1) At the conclusion of a hearing, the board may require post-hearing briefs.(2) The board may affirm, reverse or modify the action of an employer or the recommended decision of the hearing officer or remand the matter for further proceedings.(3) When the board reduces a dismiss…

The hearing officer must provide the recommended decision to the board, to the employer, to the appellant, and to the appellant's representative (if any). The copies to the employer, appellant, and appellant's representative must be sent by certified mail with a return receipt re…

Either party may file written exceptions to the board. The exceptions must be filed within thirty calendar days of the date that notice of the recommended decision was sent by certified mail.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-185, filed 12/21/04, eff…

The written exceptions must set forth specific exceptions to the recommended decision and any additional errors a party contends were made by the hearing officer. If a party contends that the hearing officer has made an error which requires a review of the record, the party must …

The written exceptions must set forth specific exceptions to the director's determination and any additional errors a party contends were made by the director's designee. The party must identify the specific portion(s) of the record that support each exception or claimed error.[S…

The due date for any written response to the exceptions is thirty calendar days following the date the exceptions were filed.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-195, filed 12/21/04, effective 7/1/05.]

If no exceptions are filed, the recommended decision becomes final thirty calendar days after service, unless the board notifies each party within that thirty-day period that the board on its own motion will reconsider the recommended decision. [Statutory Authority: Chapter 41.06…

Hearings on exceptions are limited to the contentions set forth in the notice of exceptions unless the board itself chooses to review other matters.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-205, filed 12/21/04, effective 7/1/05.]

The board reviews the record created by the director's designee or hearing officer. At the board's discretion, the appeal is decided based upon:(1) The record and the written arguments on the exceptions, or(2) The record and oral arguments on the exceptions.[Statutory Authority: …

(1) The board provides thirty calendar days' written notice to the parties of:(a) The timeline for submitting written arguments; or(b) The date of the hearing.(2) The parties may agree to less than thirty calendar days' notice.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-08…

Decisions and orders of the board are final.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-210, filed 12/21/04, effective 7/1/05.]

The board may dismiss an appeal on its own motion when:(1) An appellant has failed to provide information required under WAC 357-52-020; (2) The parties have notified the board that the case has been settled and the appeal has not been withdrawn within thirty calendar days of the…

The parties must be served with written notice that the appeal will be dismissed unless, within fifteen calendar days following the date of service, a written request is made to the board showing good cause why the appeal should not be dismissed. If no timely request is made, the…

After issuance of a final board order, any party may file a motion for reconsideration. Such motions must be filed with the board and the opposing party within fourteen calendar days of service of the board's order. Within seven calendar days of the date on which the motion was f…

A motion for reconsideration must be based on at least one of the following grounds:(1) Errors of procedure material to the party seeking reconsideration;(2) Misinterpretation of fact or law material to the party seeking reconsideration;(3) Irregularity in the hearing before the …

In response to a motion for reconsideration, the board may deny the motion, modify its decision or reopen the hearing. The motion is deemed denied unless the board takes action within thirty calendar days of the date on which the motion was filed.[Statutory Authority: Chapter 41.…

A board order on a motion for reconsideration is not subject to further review.[Statutory Authority: Chapter 41.06 RCW. WSR 06-07-049, § 357-52-224, filed 3/9/06, effective 4/10/06.]

Appeal requests must be filed with the board by filing online through the board's website, by fax, by mail, or in person.(1) Appeal requests are considered filed when received in the board's office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday …

(1) In matters of appeal the board must serve all orders, notices, and other papers issued by it. Every other notice, document or paper required to be served must be served by the party filing it. (2) All notices, documents, or papers served by either the board or any other party…

(1) When exhibits are offered at any hearing, one copy must be provided for the official file, sufficient copies must be provided for the board (three copies) or hearing officer (one copy), one copy must be provided to the opposing party, and one copy provided for the witness sta…

(1) Subpoenas may be signed and issued by any member of the board, or the board's designee, or the attorney of record of the party requiring the appearance of the witness. (2) Parties desiring subpoenas to be signed by a member of the board or the board's designee must prepare su…

Every subpoena must name the board and the title of the proceedings and must command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under the person's control at the specified time and place.[Statutory Authority: C…

(1) Parties requesting subpoenas must make arrangements for and bear the expense of service. It is recommended that all subpoenas be served at least five calendar days before a hearing or deposition.(2) Subpoenas must be personally served upon the designated individual. The indiv…

Parties may use discovery procedures in a manner consistent with the civil rules for the superior courts of the state of Washington and as provided in any prehearing statement of results or other order of the board.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-…

A party to the appeal or the person to whom the subpoena or discovery is directed may make a motion to quash. The motion must be filed at least two calendar days following the receipt of a subpoena or discovery request.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357…

When a motion to quash is filed, the board provides notice to the party who issued the subpoena or discovery and allow the party to provide a response to the motion. After considering the motion and response the board may:(1) Deny the motion;(2) Grant the motion if the subpoena o…

State managers have a crucial role in ensuring that the public receives needed government services in the most efficient and cost-effective manner possible. Managers must direct the development and implementation of policies and programs that achieve results. Managers must attrac…

The purpose of chapter 357-58 WAC is to establish a system of personnel administration called the Washington management service (WMS) as authorized in RCW 41.06.500. Chapter 357-58 WAC comprehensively covers the personnel matters relating to WMS positions.The WMS embodies the con…

The director adopts the WMS rules after consultation with state agencies.[Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-015, filed 11/10/11, effective 12/13/11; WSR 05-12-068, § 357-58-015, filed 5/27/05, effective 7/1/05.]

In accordance with RCW 41.06.500, the WMS rules must adhere to the following goals:(1) Simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;(2) Flexibility in setting and changing salaries and a compensation system t…

WMS employees are part of the classified service.Chapter 357-58 WAC applies to classified employees and positions that meet the definition of manager in WAC 357-58-035.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-025, filed 5/27/05, effective 7/1/05.]

Agencies must maintain a current position description for each WMS position.[Statutory Authority: Chapter 41.06 RCW. WSR 10-23-043 and 11-01-158, § 357-58-027, filed 11/10/10 and 12/22/10, effective 4/1/11.]

A standard form developed by the director, or an alternate form approved by the director, must be used for each WMS position description.[Statutory Authority: Chapter 41.06 RCW. WSR 10-23-043 and 11-01-158, § 357-58-028, filed 11/10/10 and 12/22/10, effective 4/1/11.]

(1) Each agency must develop a WMS inclusion and evaluation procedure consistent with this chapter and guidelines established by the director's office.(2) The inclusion and evaluation procedure must be approved by the director.(3) The procedure must include processes for requesti…

In accordance with RCW 41.06.022, a manager or managerial employee is defined as the employee of a position that:(1) Formulates statewide policy or directs the work of an agency or agency subdivision;(2) Administers one or more statewide policies or programs of an agency or agenc…

The following manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC:(1) Manager positions or managerial employees that are exempt from civil service;(2) Manager positions or managerial employees that are included in professional str…

When an agency has determined that the duties of a position no longer meet the definition of manager, found in WAC 357-58-035, and is no longer appropriate in WMS, then provisions of chapter 357-58 WAC no longer apply. The WGS rules on reallocation (chapter 357-13 WAC) will apply…