Wash. Admin. Code § 292-100-170 - Review of initial orders by an administrative law judge
(1) An initial order by an administrative law
judge will become the final order of the board within 45 days of the initial
order unless:
(a) A board member determines
that the initial order should be reviewed as provided in WAC
292-100-175;
(b) A party files a
petition for review of the initial order within 30 days of the entry of the
initial order.
(2) The
petition for review must specify the portions of the initial order to which
exception is taken and refer to the evidence of record relied upon to support
the petition.
(3) Petitions for
review must be filed with the executive director and served on all other
parties. The party not filing the petition for review will have 20 days to
reply to the petition for review. The reply must be filed with the executive
director and copies of the reply must be served on all other parties. A reply
to a petition for review may include a cross-petition for review.
(4) If the reply contains a cross-petition
for review, it must specify portions of the initial order to which exception is
taken by the replying party, and refer to the evidence of the record relied
upon. A respondent to a cross-petition for review will have 20 days to reply to
the cross-petition for review. The reply to the cross-petition for review must
be filed with the executive director and copies of the reply to the
cross-petition for review must be served on all other parties.
(5) When considering a petition for review,
the board must consider the whole record or the portions of it cited by the
parties.
(a) The board will afford each party
an opportunity to present written argument and may afford each party an
opportunity to present oral argument.
(b) The board will enter a final order
disposing of the proceeding.
(c)
The board must serve copies of the final order on all parties, the complainant,
and the employing agency.
Notes
Statutory Authority: RCW 42.52.360(2)(b) and 42.52.425. 01-13-033, § 292-100-170, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW 42.52.360(2)(b). 99-06-073, § 292-100-170, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW 42.52.360(2)(b). 96-22-028, § 292-100-170, filed 10/30/96, effective 11/30/96.
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