06-12-031

WSR 06-12-031

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES
(Board of Boiler Rules)

[ Filed May 31, 2006, 9:19 a.m. , effective July 31, 2006 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: This rule making will repeal chapter 296-09 WAC, Practice and procedure -- Board of boiler rules, to promote more efficient government, the department is engaged in an ongoing review of its rules and policies. This repeal will eliminate a group of rules that is unused and nonessential to department and public business.

     Citation of Existing Rules Affected by this Order: Repealing WAC 296-09-010 Appearance and practice before agency -- Who may appear, 296-09-020 Appearance and practice before agency -- Appearance in certain proceedings may be limited to attorneys, 296-09-030 Appearance and practice before agency -- Solicitation of business unethical, 296-09-040 Appearance and practice before agency -- Standards of ethical conduct, 296-09-050 Appearance and practice before agency -- Appearance of former employee of board or former member of attorney general's staff, 296-09-060 Appearance and practice before agency -- Former employee as expert witness, 296-09-070 Computation of time, 296-09-080 Notice and opportunity for hearing in contested cases, 296-09-090 Service of process -- By whom served, 296-09-100 Service of process -- Upon whom served, 296-09-110 Service of process -- Service upon parties, 296-09-120 Service of process -- Method of service, 296-09-130 Service of process -- When service complete, 296-09-140 Service of process -- Filing with agency, 296-09-370 Official notice -- Matters of law, 296-09-380 Official notice -- Material facts, 296-09-390 Presumptions, 296-09-400 Stipulations and admissions of record, 296-09-410 Form and content of decisions in contested cases, 296-09-420 Definition of issues before hearing, 296-09-430 Prehearing conference rule -- Authorized, 296-09-440 Prehearing conference rule -- Record of conference action, 296-09-450 Submission of documentary evidence in advance, 296-09-460 Excerpts from documentary evidence, 296-09-470 Expert or opinion testimony and testimony based on economic or statistical data -- Number and qualifications of witnesses, 296-09-480 Expert or opinion testimony and testimony based on economic or statistical data -- Written sworn statements, 296-09-490 Expert or opinion testimony and testimony based on economic or statistical data -- Supporting data, 296-09-500 Expert or opinion testimony and testimony based on economic or statistical data -- Effect of noncompliance with WAC 296-09-470 or 296-09-480, 296-09-510 Continuances, 296-09-520 Rules of evidence -- Admissibility criteria, 296-09-530 Rules of evidence -- Tentative admission -- Exclusion -- Discontinuance -- Objections, 296-09-540 Petitions for rule making, amendment or repeal -- Who may petition, 296-09-550 Petitions for rule making, amendment or repeal -- Requisites, 296-09-560 Petitions for rule making, amendment or repeal -- Agency must consider, 296-09-570 Petitions for rule making, amendment or repeal -- Notice of disposition, 296-09-580 Declaratory rulings, and 296-09-590 Forms.

     Statutory Authority for Adoption: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350.

      Adopted under notice filed as WSR 06-07-130 on March 21, 2006.

     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 37.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 37.

     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 37.

     Date Adopted: May 31, 2006.

Craig Hopkins, Chair

Board of Boiler Rules

OTS-8597.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 296-09-010	Appearance and practice before agency -- Who may appear.
WAC 296-09-020	Appearance and practice before agency -- Appearance in certain proceedings may be limited to attorneys.
WAC 296-09-030	Appearance and practice before agency -- Solicitation of business unethical.
WAC 296-09-040	Appearance and practice before agency -- Standards of ethical conduct.
WAC 296-09-050	Appearance and practice before agency -- Appearance of former employee of board or former member of attorney general's staff.
WAC 296-09-060	Appearance and practice before agency -- Former employee as expert witness.
WAC 296-09-070	Computation of time.
WAC 296-09-080	Notice and opportunity for hearing in contested cases.
WAC 296-09-090	Service of process -- By whom served.
WAC 296-09-100	Service of process -- Upon whom served.
WAC 296-09-110	Service of process -- Service upon parties.
WAC 296-09-120	Service of process -- Method of service.
WAC 296-09-130	Service of process -- When service complete.
WAC 296-09-140	Service of process -- Filing with agency.
WAC 296-09-370	Official notice -- Matters of law.
WAC 296-09-380	Official notice -- Material facts.
WAC 296-09-390	Presumptions.
WAC 296-09-400	Stipulations and admissions of record.
WAC 296-09-410	Form and content of decisions in contested cases.
WAC 296-09-420	Definition of issues before hearing.
WAC 296-09-430	Prehearing conference rule -- Authorized.
WAC 296-09-440	Prehearing conference rule -- Record of conference action.
WAC 296-09-450	Submission of documentary evidence in advance.
WAC 296-09-460	Excerpts from documentary evidence.
WAC 296-09-470	Expert or opinion testimony and testimony based on economic or statistical data -- Number and qualifications of witnesses.
WAC 296-09-480	Expert or opinion testimony and testimony based on economic or statistical data -- Written sworn statements.
WAC 296-09-490	Expert or opinion testimony and testimony based on economic or statistical data -- Supporting data.
WAC 296-09-500	Expert or opinion testimony and testimony based on economic or statistical data -- Effect of noncompliance with WAC 296-09-470 or 296-09-480.
WAC 296-09-510	Continuances.
WAC 296-09-520	Rules of evidence -- Admissibility criteria.
WAC 296-09-530	Rules of evidence -- Tentative admission -- Exclusion -- Discontinuance -- Objections.
WAC 296-09-540	Petitions for rule making, amendment or repeal -- Who may petition.
WAC 296-09-550	Petitions for rule making, amendment or repeal -- Requisites.
WAC 296-09-560	Petitions for rule making, amendment or repeal -- Agency must consider.
WAC 296-09-570	Petitions for rule making, amendment or repeal -- Notice of disposition.
WAC 296-09-580	Declaratory rulings.
WAC 296-09-590	Forms.