Wash. Admin. Code § 390-37-136 - Enforcement hearings (adjudicative proceedings)-Production of documents and use at hearing and other hearing procedures
(1) Unless a prehearing order states
otherwise, the provisions of this rule apply to evidence and written argument
(legal briefs) filed and served in hearings (adjudicative proceedings). Parties
or the executive director may request a prehearing conference if provisions of
this rule need to be adjusted or if the provisions are not adhered to by the
parties.
(2) The parties are
encouraged to exchange copies of proposed exhibits, exhibit lists and witness
lists prior to the deadline specified in subsection (3)(a) of this section. The
parties are encouraged to exchange documents by email whenever possible. The
parties are encouraged to confer and determine whether there are any objections
to the evidence and whether any agreements or stipulations can be reached
regarding proposed exhibits, witnesses, and legal and factual issues.
(3)
(a)
Unless the commission determines otherwise, when evidence is to be offered at
the adjudicative proceeding or when briefs are to be submitted at the
adjudicative proceeding, the party offering the evidence or brief shall file
with the commission and serve on all parties a copy of proposed exhibits,
exhibit lists, witness lists, and briefs with the commission via an email to
the executive director or his or her designee by the date and time designated
by the executive director or designee, which is typically by 1:00 p.m. Pacific
Time at least eight days prior to the hearing. The email shall provide the name
of the party submitting the documents, the total number of pages, the software
used to prepare the document, and the name, address, telephone number and email
address of the person sending the email message.
(b) In the event electronic submission is not
readily available to a pro serespondent or the evidence is not
suited to email transmission, other means of providing these materials to the
commission may be approved by the chair or the executive director, or their
designees if requested in advance of the date and time in (a) of this
subsection.
(c) The parties shall
confirm in advance with the executive director that any documents provided
electronically are able to be accessed by software available at the agency. If
they are not accessible, the executive director shall direct how the documents
are to be submitted.
(d) The
documents are considered filed when received during actual business hours at
the commission office. If received after actual business hours, they will be
deemed filed the next business day.
(4) Respondent's exhibits shall be numbered
R-1, R-2, etc. PDC staff exhibits shall be numbered S-1, S-2, etc. Jointly
submitted exhibits shall be numbered J-1, J-2, etc. If an exhibit is not
jointly submitted but there is no objection to it by the responding party, the
party offering the exhibit shall designate agreed-to exhibits on the party's
exhibit list.
(5) Briefs shall
contain the name of the respondent in the caption and the cause number. Briefs
shall be no more than twenty-five pages, double-spaced, excluding attachments
or exhibits.
(6) The parties shall
inform the executive director of any special equipment necessary for the
adjudicative proceeding at the time documents are filed with the
commission.
Notes
Statutory Authority: RCW 42.17.370 and 42.17.690. 06-07-001, § 390-37-136, filed 3/1/06, effective 4/1/06. Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-136, filed 11/4/03, effective 12/5/03; 91-16-072, § 390-37-136, filed 8/2/91, effective 9/2/91.
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