Section 288-06-060. Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by the chair of the board or other presiding officer for brief adjudicative proceedings as designated by the chair.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify and no discovery other than reproduction of the preliminary record as specified will occur.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter a written initial order.

(7) Initial orders on brief adjudicative proceedings shall become final twenty-one days after service of the initial order.

(8) Further appeals to board decisions regarding certification and decertification issues can be made to superior court as specified in chapter 34.05 RCW, Administrative Procedure Act, Part V, Judicial Review and Civil Enforcement.

[Statutory Authority: RCW 36.110.060 and chapter 34.05 RCW. WSR 98-17-004, § 288-06-060, filed 8/6/98, effective 9/6/98.]

RCW 36.110.060 and chapter 34.05 RCW. WSR 98-17-004, § 288-06-060, filed 8/6/98, effective 9/6/98.