Search
263-12-045  <<  263-12-050 >>   263-12-052

WAC 263-12-050

Agency filings affecting this section

Contents of notice of appeal.

The board's jurisdiction shall be invoked by filing a written notice of appeal.
(1) General rule. In all appeals, the notice of appeal should contain where applicable:
(a) The name and address of the appealing party and of the party's representative, if any;
(b) A statement identifying the date and content of the department order, decision or award being appealed. This requirement may be satisfied by attaching a copy of the order, decision or award;
(c) The reason why the appealing party considers such order, decision or award to be unjust or unlawful;
(d) A statement of facts in full detail in support of each stated reason;
(e) The specific nature and extent of the relief sought;
(f) The place, most convenient to the appealing party and that party's witnesses, where board proceedings are requested to be held;
(g) A statement that the person signing the notice of appeal has read it and that to the best of his or her knowledge the contents are true;
(h) The signature of the appealing party or the party's representative.
(2) Industrial insurance appeals. In appeals arising under the Industrial Insurance Act (Title 51 RCW), the notice of appeal should also contain:
(a) The name and address of the injured worker;
(b) The name and address of the worker's employer at the time the injury occurred;
(c) In the case of occupational disease, the name and address of all employers in whose employment the worker was allegedly exposed to conditions that gave rise to the occupational disease;
(d) The nature of the injury or occupational disease;
(e) The time when and the place where the injury occurred or the occupational disease arose.
(3) Crime Victims' Compensation Act. In appeals arising under the Crime Victims' Compensation Act (chapter 7.68 RCW), the notice of appeal should also contain:
(a) The time when and the place where the criminal act occurred;
(b) The name and address of the alleged perpetrator of the crime; and
(c) The nature of the injury.
(4) Assessment appeals. In appeals from a notice of assessment arising under chapter 51.48 RCW or in cases arising from an assessment under the Worker and Community Right to Know Act (chapter 49.70 RCW), the notice of appeal should also contain:
(a) A statement setting forth with particularity the reason for the appeal; and
(b) The amounts, if any, that the party admits are due.
(5) LEOFF and public employee death benefit appeals. In appeals arising under the special death benefit provision of the Law Enforcement Officers' and Firefighters' Retirement System (chapter 41.26 RCW), the notice of appeal should also contain:
(a) The time when and the place where the death occurred; and
(b) The name and address of the decedent's employer at the time the injury occurred.
(6) Asbestos certification appeals. In appeals arising under chapter 49.26 RCW concerning the denial, suspension or revocation of certificates involving asbestos projects, the notice of appeal should also contain:
(a) A statement identifying the certification decision appealed from;
(b) The reason why the appealing party considers such certification decision to be incorrect.
(7) WISHA appeals. In appeals arising under the Washington Industrial Safety and Health Act (chapter 49.17 RCW), where the employer has moved for a stay of abatement pursuant to RCW 49.17.140, the employer shall, within seven working days of the date of the board's notice of filing of appeal, file with the board, the department, and any affected employees affidavits and documents supporting the request for a stay of the abatement of the violation(s). Supporting affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Copies of individual relevant supporting documents shall be specifically referred to in the affidavit and shall be attached to the affidavit. Such supporting documents shall not be excluded from consideration based on a hearsay objection. All such affidavits and supporting documents shall be limited to evidence addressing: (1) whether there is good cause to stay the abatement of the violation(s) set forth in the citation and notice or corrective notice of redetermination; and (2) whether it is more likely than not that a stay of the abatement of the violation(s) would result in death or serious physical harm to a worker.
If an employer fails to file the supporting documents within seven working days of the date of the board's notice of filing of appeal, the request for a stay of the abatement of the violation(s) will be denied. Within fourteen working days of the date of the board's notice of filing of appeal, the department of labor and industries and any affected employees shall file affidavits and documents supporting the request for a stay of the abatement of the violation(s). Supporting affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Copies of individual relevant supporting documents shall be specifically referred to in the affidavit and shall be attached to the affidavit. Such supporting documents shall not be excluded from consideration based on a hearsay objection. All such affidavits and supporting documents shall be limited to evidence addressing: (1) whether there is good cause to stay the abatement of the violation(s) set forth in the citation and notice or corrective notice of redetermination; and (2) whether it is more likely than not that a stay of the abatement of the violation(s) would result in death or serious physical harm to a worker.
In appeals arising under the Washington Industrial Safety and Health Act (chapter 49.17 RCW), the appeal should also contain:
(a) A statement identifying the citation, penalty assessment, or notice of abatement date appealed from;
(b) The name and address of the representative of any labor union representing any employee who was or who may be affected by the alleged safety violation(s);
(c) A statement certifying compliance with WAC 263-12-059.
(i) In appeals where the employer has made or renewed its request for a stay of the abatement of the violation(s) alleged in the citation and notice or corrective notice of redetermination, if the employer fails to comply with WAC 263-12-059, the motion for a stay of the abatement of the violation(s) will be denied.
(8) Other safety appeals. In appeals arising under chapter 49.22 RCW concerning alleged violations of safety procedures in late night retail establishments, chapter 70.74 RCW concerning alleged violations of the Washington State Explosives Act, or chapter 88.04 RCW concerning alleged violations of the Charter Boat Safety Act, the notice of appeal should also contain:
(a) A statement identifying the citation, penalty assessment, or notice of abatement date appealed from;
(b) The name and address of the representative of any labor union representing any employee who was or who may be affected by the alleged safety violation or violations;
(c) If applicable, a statement certifying compliance with WAC 263-12-059.
[Statutory Authority: RCW 51.52.020. WSR 11-20-003, § 263-12-050, filed 9/21/11, effective 10/22/11; WSR 04-16-009, § 263-12-050, filed 7/22/04, effective 8/22/04; WSR 03-02-038, § 263-12-050, filed 12/24/02, effective 1/24/03; WSR 01-09-031, § 263-12-050, filed 4/11/01, effective 5/12/01; WSR 00-23-021, § 263-12-050, filed 11/7/00, effective 12/8/00; WSR 91-13-038, § 263-12-050, filed 6/14/91, effective 7/15/91. Statutory Authority: RCW 51.52.104, 51.52.020 and chapters 51.48 and 42.17 RCW. WSR 86-03-021 (Order 20), § 263-12-050, filed 1/10/86. Statutory Authority: RCW 51.52.020. WSR 82-03-031 (Order 11), § 263-12-050, filed 1/18/82; Order 7, § 263-12-050, filed 4/4/75; Order 4, § 263-12-050, filed 6/9/72; Rule 5.1, filed 6/12/63; Rules 3.1 - 3.2, filed 3/23/60, amended by General Order 3, Rule 5.1, filed 10/29/65. Formerly WAC 296-12-050.]