WSR 99-13-188

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

ADMINISTRATIVE HEARINGS

[ Filed June 23, 1999, 9:55 a.m. ]

Subject of Possible Rule Making: Updates to the Office of Administrative Hearings (OAH) rules, including (1) updates to model rules of procedure, chapter 10-08 WAC; (2) updates to procedures for public access to OAH records, chapter 10-04 WAC; (3) clerical revisions to OAH rules on SEPA, chapter 10-12 WAC; and (4) new rules on procedures for filing complaints against administrative law judges.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.250, 34.12.030(6), 34.12.080.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Agency rules have not been reviewed for several years and need to be updated. The model rules of procedure are intended to provide guidance for other agencies and encourage more consistent procedures under the Administrative Procedure Act (APA) by different state agencies, see RCW 34.05.250. Complaint procedures are to provide guidance to the public if they have complaints about administrative law judges' conduct at hearing.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Other state agencies may develop their own rules, but OAH is responsible for promulgating model rules. For coordination, proposed model rules will be sent to rules coordinators for state agencies.

Process for Developing New Rule: Preliminary drafts of amendments to the model rules have been developed by an administrative law judge task force and circulated informally. An informal meeting to discuss preliminary drafts will be held August 3, 1999. Proposed rules would be published September 1, 1999, with a hearing tentatively planned for September 21, 1999.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Art Wang, Chief Administrative Law Judge, Office of Administrative Hearings, P.O. Box 42488, Olympia, WA 98504-2488, (360) 664-8717, fax (360) 664-8721, awang@oah.wa.gov.

A meeting is tentatively planned to discuss amendments to the model rules at agency headquarters, 919 Lakeridge Way S.W., Olympia, WA, (360) 664-8717, at 1:30 p.m. on Tuesday, August 3, 1999, but please call to confirm.

June 18, 1999

Art Wang

Chief Administrative Law Judge

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