PROPOSED RULES
INSURANCE APPEALS
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-12-053 through 00-12-060; 00-12-062 through 00-12-064; and 00-12-066 through 00-12-068.
Title of Rule: Chapter 263-12 WAC, Practice and procedure before the Board of Industrial Insurance Appeals.
Purpose: To revise the board's rules of practice and procedure by amending WAC 263-12-016, 263-12-020, 263-12-045, 263-12-050, 263-12-060, 263-12-090, 263-12-093, 263-12-095, 263-12-100, 263-12-115, 263-12-120, 263-12-135, 263-12-140, and 263-12-145.
Statutory Authority for Adoption: RCW 51.52.020.
Summary: The proposed revisions make a number of housekeeping changes by correcting the address of the headquarters; clarifying and simplifying language; clarifying representation before the board; subpoena power of industrial insurance appeals judge; provide for new types of appeals identified by legislative changes; change contents of notice of proceedings; allow judges to make record of agreed resolutions; to create record of proceedings consistent with changes to WAC 263-12-093; to clarify judges ability to exclude evidence from a record that is admissible and who can request interlocutory review from the chief industrial appeals judge; to include litigation orders and judges report of proceedings identified.
Reasons Supporting Proposal: Rules are being rewritten to meet the WAC migration and clear-writing mandates.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David E. Threedy, 2430 Chandler Court S.W., Olympia, WA, (360) 753-9646.
Name of Proponent: Board of Industrial Insurance Appeals, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 263-12-016, the rule corrects the board's address and will allow parties to properly address mailings for public disclosure requests; WAC 263-12-020, to clarify who may represent employees in adjudicative proceedings involving industrial insurance and WISHA; WAC 263-12-045, clarifies the subpoena power of industrial appeals judges; WAC 263-12-050, to consolidate several rules into a single rule that will clarify the requirements for the contents of a notice of appeal. Contains provisions for new types of appeals due to legislative changes to chapter 41.26 RCW; WAC 263-12-060, to clarify and simplify language regarding time limitations for filing appeals; WAC 263-12-090, to change contents of notice of proceedings so it will no longer specify the industrial appeals judge assigned to a particular conference; WAC 263-12-093, to allow judges to make a record of an agreed resolution without use of a court reporter; WAC 263-12-095, to clarify judges prehearing activities and to reflect ability to create record of proceedings consistent with changes to WAC 263-12-093; WAC 263-12-115, to clarify judge's ability to exclude evidence from a record that is inadmissible under WAC 263-12-095(5) and clarifies who may request an interlocutory review from the chief industrial appeals judge; WAC 263-12-135, to clarify definition of board record to include litigation orders and judges report of proceedings identified by WAC 263-12-093; and WAC 263-12-100, 263-12-120, 263-12-140, and 263-12-145, to clarify and simplify language used in the rules.
Proposal Changes the Following Existing Rules: See Purpose, Summary and Explanation of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact on financial issues in the amendments being made. They are basically clarification of rules in order to make them easier to understand.
RCW 34.05.328 does not apply to this rule adoption. These rule changes are not legislative, they relate to procedures related to agency hearing or clarify language of a rule without changing its effect.
Hearing Location: Board of Industrial Insurance Appeals, 2430 Chandler Court S.W., Main Conference Room, Olympia, WA, on October 10, 2000, at 9:30 - 11:30.
Assistance for Persons with Disabilities: Contact Dee Mathews by September 30, 2000.
Submit Written Comments to: David E. Threedy, P.O. Box 42401, Olympia, WA 98504-2401, fax (360) 586-5611, by October 9, 2000.
Date of Intended Adoption: November 7, 2000.
August 22, 2000
David E. Threedy
Executive Secretary
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-18 issue of the Register.