Current through Register Vol. 22-07, April 1, 2022
(1) A motion to
disqualify a board member from serving on a panel or to challenge the
composition of the panel shall be brought at least seven days before the board
holds a prehearing conference, or if facts establishing grounds for
disqualification are subsequently discovered, promptly after discovery of such
facts. In the event a new panel assignment is made during the course of the
proceedings on a matter, any motion for disqualification or challenge to panel
composition shall be brought no later than seven days after the board issues
its notice of panel assignment.
Any board member designated to serve on a panel is subject to disqualification
for bias, prejudice, interest, or any other cause as provided in
34.05.425. The board member whose
disqualification is requested shall promptly determine whether to grant the
motion, stating facts and reasons for the determination.
(3) If a party brings a motion challenging
the composition of the panel for noncompliance with the requirements of
36.70A.260, the presiding officer shall
promptly forward the motion to the board chair who will prepare a
(4) If a motion for
disqualification or challenge to composition of the panel is granted, a new
panel assignment and/or presiding officer designation will be promptly made.
The parties will be informed at the prehearing conference and the resolution of
the matter will be included in the prehearing order or other written order of
the board issued within twenty days of the filing of the motion.
Wash. Admin. Code §
21-17-069, Filed 8/12/2021, effective
§ 242-03-570, filed 6/21/11, effective