WSR 16-22-051
PERMANENT RULES
BOARD FOR VOLUNTEER
FIREFIGHTERS AND RESERVE OFFICERS
[Filed October 29, 2016, 3:22 p.m., effective November 29, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending chapter 491-04 WAC to remove conflicting sections and more accurately reflect board processes.
Citation of Existing Rules Affected by this Order: Amending chapter 491-04 WAC.
Statutory Authority for Adoption: RCW
41.24.290(2).
Adopted under notice filed as WSR 16-18-011 on August 25, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 27, 2016.
Brigette K. Smith
Executive Secretary
AMENDATORY SECTION (Amending WSR 13-21-050, filed 10/11/13, effective 11/11/13)
WAC 491-04-190 What are the timing requirements for the filing of ((pre-hearing)) prehearing briefs and supporting evidence?
You must file your ((pre-hearing)) prehearing brief, along with any evidence that you believe supports your position in accordance with the filing requirements set forth in WAC 491-04-060.
(1) A ((pre-hearing)) prehearing brief should be a summary of the points that you want to make regarding your case. Specific exhibits should be referenced to make it easier for the board to follow your case.
(2) Include all evidence you want the board to consider. This could include, but is not limited to, medical reports or accident reports for injury claims, or training records or response records for service credit claims. ((All evidence must meet the requirements in WAC 491-04-180.))
(3) Your ((pre-hearing)) prehearing brief and all evidence must be filed to the board and all parties to the action, no less than fourteen (((14))) days prior to the scheduled hearing date.
(4) All parties may, upon review of all evidence, file a response to a party's ((pre-hearing)) prehearing brief to the board and all parties involved no later than seven (((7))) days prior to the scheduled hearing date.
AMENDATORY SECTION (Amending WSR 13-21-050, filed 10/11/13, effective 11/11/13)
WAC 491-04-240 What is the role of the state board in an appeal?
(1) The board chair, or his or her designee, shall have the authority to:
(a) Determine the order of presentation of evidence;
(b) Administer oaths and affirmations;
(c) Issue subpoenas pursuant to RCW
51.52.100;
(d) Rule on procedural matters, objections, and motions;
(e) Rule on motions for summary judgment;
(f) Rule on offers of proof and receive relevant evidence;
(g) Determine the total time allowed for both parties to present oral testimony and oral argument during hearing before the board;
(h) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing; and
(((h))) (i) Permit or require oral argument or briefs and determine the time limits for submission.
(2) All board members shall have the authority to:
(a) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter; and
(b) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties.
REPEALER
The following section of the Washington Administrative Code is repealed:
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WAC 491-04-180 |
Can new evidence be submitted for the hearing? |
