(1) The commission
will only consider amicus briefs filed in conformity with this subsection.
(a) The person or organization desiring to
file an amicus brief must:
(i) Obtain a copy
of the decision on appeal, the notice of appeal, and the briefs of the
parties;
(ii) Limit any amicus
brief to particular issues on appeal;
(iii) Limit any legal analysis to arguments
that differ from those advanced by the parties;
(iv) Exclude restatement or reargument of the
facts, except as necessary to legal arguments under (a)(iii) of this
subsection;
(v) Limit any amicus
brief to 25 pages in total length (double-spaced, 12-point type); and
(vi) File the amicus brief with the
commission within 14 days following the filing and service of the parties'
briefs and serve copies of the amicus brief on each of the original parties to
the case.
(b) The
commission may extend the deadline for a party wishing to file an amicus brief
if the petitioning party demonstrates good cause for an extension.
(c) The original parties to the case may,
within 14 days following the filing and service of an amicus brief, file and
serve written responses to the amicus brief.
(d) A person or organization that files an
amicus brief does not have any right to reply to the responses filed by the
original parties to the case.
(e) A
person or organization that files an amicus brief does not become a party to
the case for purposes of any further proceedings or appeal.
(2) The commission may, on its own
motion, review any order which is subject to appeal by giving written notice to
all parties within 30 days following the issuance of the order.
Notes
Wash. Admin. Code
§
391-08-640
Amended by
WSR
22-23-101, Filed 11/16/2022, effective
1/1/2023
Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.58.050, 41.58.065,
41.59.110,
41.76.060,
41.80.080, and
49.39.060. 12-05-066, §
391-08-640, filed 2/15/12, effective 3/17/12. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.58.050,
41.59.110,
41.76.060,
41.80.080. 08-04-059, §
391-08-640, filed 1/31/08, effective 4/1/08. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050 and
34.05.464. 98-14-112, §
391-08-640, filed 7/1/98, effective
8/1/98.
