(1) Whenever possible, exhibits should be submitted on paper 8 1/2" x 11" in size. A larger version may be shown to the judge or witness for purpose of demonstration and a smaller version marked and offered as the exhibit.
(2) Exhibits containing audio, video, or other electronic material may be submitted on a CD, DVD, flash drive, or similar device, subject to the following conditions:
(a) The party seeking to present the audio/video/electronic material at a hearing must provide the appropriate equipment for hearing/viewing the material.
(b) If the party submitting the material for presentation at a hearing does not provide the equipment needed, the material will not be heard or viewed during the hearing, but the exhibit may be marked into evidence and ruling reserved.
(c) A media exhibit must be in MP4 (MPEG-4 Part 14) format or other industry format specified on the BIIA web site.
(3) The board will not accept any hazardous exhibit. A hazardous exhibit is an exhibit that:
(a) Threatens the health and safety of persons handling the exhibit, including exhibits having potentially toxic, explosive, or disease-carrying characteristics.
(b) Threatens the security of the board's electronic equipment or network. Nonexclusive examples of hazardous exhibits include:
• Biohazards (bodily fluid samples, bloody clothing).
• Used medical implements or devices (surgical screws, cables, plates, pins, prosthetic devices).
• Corrosive or toxic substances.
• Controlled substances (prescription drugs).
• Potential airborne contaminants (asbestos, silica).
• Flammable, explosive, or reactive materials.
• Live ammunition, firearms, knives, and other weapons.
(4) Photographs, videotapes, or other facsimile representations may be used to demonstrate the existence, quantity, and physical characteristics of hazardous evidence consistent with this rule.
(5) If a party is uncertain whether a proposed exhibit conforms to this rule or is not able to bring the necessary equipment to the hearing, that party must request a conference with the judge at least fourteen days before submitting the exhibit, asking the judge to make a determination of conformity or to provide assistance in making the exhibit accessible at the proceeding.
(6) If an exhibit submitted in an appeal under the Washington Industrial Safety and Health Act (chapter 49.17
RCW) implicates a trade secret as set forth in chapter 19.108
RCW, the employer must bring it to the attention of an industrial appeals judge at the time of submission or within a reasonable time thereafter to permit a ruling on the confidentiality of the information and application of RCW 49.17.200
and WAC 263-12-115
[Statutory Authority: RCW 51.52.020
. WSR 16-24-054, § 263-12-116, filed 12/2/16, effective 1/2/17; WSR 14-24-105, § 263-12-116, filed 12/2/14, effective 1/2/15; WSR 10-14-061, § 263-12-116, filed 6/30/10, effective 7/31/10.]