HTML has links - PDF has Authentication

Chapter 106-08 WAC

Last Update: 11/23/15

PRACTICE AND PROCEDURE

WAC Sections

HTMLPDF106-08-001Regular meetings.
HTMLPDF106-08-002Formal hearing policy.
HTMLPDF106-08-005Definitions.
HTMLPDF106-08-010Adoption of model rules of procedure.
HTMLPDF106-08-020Appointment of presiding officers.
HTMLPDF106-08-030Application for adjudicative proceeding.
HTMLPDF106-08-040Adjudicative proceedings open.
HTMLPDF106-08-050Brief adjudicative proceedings.
HTMLPDF106-08-060Discovery in adjudicative proceedings.
HTMLPDF106-08-070Method of recording.
HTMLPDF106-08-080Recording devices.
HTMLPDF106-08-090Service of process—By whom served.
HTMLPDF106-08-100Petitions for stay of effectiveness.
HTMLPDF106-08-110Service of process—Service upon parties.
HTMLPDF106-08-120Transmittal of initial orders.
HTMLPDF106-08-130Service of process—When service complete.
HTMLPDF106-08-140Service of process—Filing with agency.
HTMLPDF106-08-230Depositions and interrogatories in contested cases—Right to take.
HTMLPDF106-08-240Depositions and interrogatories in contested cases—Scope.
HTMLPDF106-08-250Depositions and interrogatories in contested cases—Officer before whom taken.
HTMLPDF106-08-260Depositions and interrogatories in contested cases—Authorization.
HTMLPDF106-08-270Depositions and interrogatories in contested cases—Protection of parties and deponents.
HTMLPDF106-08-280Depositions and interrogatories in contested cases—Oral examination and cross-examination.
HTMLPDF106-08-290Depositions and interrogatories in contested cases—Recordation.
HTMLPDF106-08-300Depositions and interrogatories in contested cases—Signing attestation and return.
HTMLPDF106-08-310Depositions and interrogatories in contested cases—Use and effect.
HTMLPDF106-08-320Depositions and interrogatories in contested cases—Fees of officers and deponents.
HTMLPDF106-08-330Depositions upon interrogatories—Submission of interrogatories.
HTMLPDF106-08-340Depositions upon interrogatories—Interrogation.
HTMLPDF106-08-350Depositions upon interrogatories—Attestation and return.
HTMLPDF106-08-360Depositions upon interrogatories—Provisions of deposition rule.
HTMLPDF106-08-400Hearing officers.
HTMLPDF106-08-410Hearing procedures.
HTMLPDF106-08-420Duties of hearing officers.
HTMLPDF106-08-430Stipulations and admissions of record.
HTMLPDF106-08-440Definition of issues before hearing.
HTMLPDF106-08-450Continuances.
HTMLPDF106-08-460Rules of evidence—Admissibility criteria.
HTMLPDF106-08-470Tentative admission—Exclusion—Discontinuance—Objections.
HTMLPDF106-08-480Form and content of decisions in contested cases.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
106-08-500Petitions for rule-making, amendment or repeal—Who may petition. [Order 3244, § 106-08-500, filed 12/8/71.] Repealed by Order 5, filed 7/20/72.
106-08-510Petitions for rule-making, amendment or repeal—Requisites. [Order 3244, § 106-08-510, filed 12/8/71.] Repealed by Order 5, filed 7/20/72.
106-08-520Petitions for rule-making, amendment or repeal—Agency must consider. [Order 3244, § 106-08-520, filed 12/8/71.] Repealed by Order 5, filed 7/20/72.
106-08-530Petitions for rule-making, amendment or repeal—Notice of disposition. [Order 3244, § 106-08-530, filed 12/8/71.] Repealed by Order 5, filed 7/20/72.


PDF106-08-001

Regular meetings.

The regular meetings of the board of trustees of Central Washington University shall be held in Room 412 in Barge Hall on the Central Washington University campus in Ellensburg, Washington.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-001, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). WSR 86-23-007 (Order 59), § 106-08-001, filed 11/7/86. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 79-06-046 (Order 43), § 106-08-001, filed 5/16/79; WSR 78-12-023 (Order 42), § 106-08-001, filed 11/14/78; WSR 78-08-011 (Order 39), § 106-08-001, filed 7/11/78; Order 3244, § 106-08-001, filed 12/8/71.]



PDF106-08-002

Formal hearing policy.

In each instance that a formal hearing is required by institutional policy or chapter 34.05 RCW, the provisions of WAC 106-08-002 through 106-08-999 shall be applicable.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-002, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-002, filed 12/8/71.]



PDF106-08-005

Definitions.

As used herein, the term "agency" shall mean the board of trustees of Central Washington University or any duly appointed hearing officer or officers.
[Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-08-005, filed 7/11/78; Order 3244, § 106-08-005, filed 12/8/71.]



PDF106-08-010

Adoption of model rules of procedure.

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use at this institution. Those rules may be found in chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules adopted in this title, the procedural rules adopted by this institution shall govern. Rules adopted at this institution prior to July 1, 1989, remain in full force and effect unless specifically repealed or amended.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-010, filed 10/31/91, effective 12/1/91; Order 3244, § 106-08-010, filed 12/8/71.]



PDF106-08-020

Appointment of presiding officers.

The president or president's designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president's designee to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-020, filed 10/31/91, effective 12/1/91.]



PDF106-08-030

Application for adjudicative proceeding.

An application for an adjudicative proceeding shall be in writing. Application forms are available at the following address:
Business Office
Central Washington University
Ellensburg, WA 98926
Written application for an adjudicative proceeding should be submitted to the above address within twenty days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-030, filed 10/31/91, effective 12/1/91.]



PDF106-08-040

Adjudicative proceedings open.

All adjudicative proceedings shall be open to the public, with the exception of student, faculty, and administrative, civil service-exempt disciplinary proceedings unless the subject of the proceedings chooses an open proceeding.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-040, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-040, filed 10/31/91, effective 12/1/91.]



PDF106-08-050

Brief adjudicative proceedings.

(1) The university will conduct brief adjudicative proceedings in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted.
(2) Except as otherwise provided by rule or as determined in a particular case by the university president (or designee), brief adjudicative proceedings shall be used to hear appeals of administrative actions relating to the following matters:
(a) Parking and traffic citations;
(b) Outstanding student debts or employee overpayments;
(c) Student residency determinations;
(d) Library fines;
(e) Challenges to contents of student education records;
(f) Loss of student eligibility for participation in university athletics;
(g) Student disciplinary action as defined under the student conduct code, except for a decision referring the matter to the student conduct council, a decision imposing a sanction of conduct suspension in excess of ten instructional days, or a decision imposing a sanction of conduct expulsion; or
(h) Administrative decisions regarding mandatory tuition and/or fee waivers.
(3) Brief adjudicative proceedings are informal hearings and shall be conducted in a manner which will bring about a prompt and fair resolution of the matter.
(4) The administrative record for brief adjudicative proceedings shall consist of any documents regarding the matter that were considered or prepared by the presiding officer for the brief adjudicative proceeding or by the reviewing officer for any review. Such records shall be maintained as the official record of the proceedings.
[Statutory Authority: RCW 28B.35.120 and chapter 34.05 RCW. WSR 15-24-054, § 106-08-050, filed 11/23/15, effective 12/24/15. Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-050, filed 10/31/91, effective 12/1/91.]



PDF106-08-060

Discovery in adjudicative proceedings.

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-060, filed 10/31/91, effective 12/1/91.]



PDF106-08-070

Method of recording.

Proceedings shall be recorded by a method determined by the presiding officer, among those available pursuant to the model rules of procedure in WAC 10-08-170.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-070, filed 10/31/91, effective 12/1/91.]



PDF106-08-080

Recording devices.

No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 106-08-040, except for the method of official recording selected by the institution.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-080, filed 10/31/91, effective 12/1/91. Statutory Authority: RCW 28B.19.050 and 28B.40.120. WSR 78-08-011 (Order 39), § 106-08-080, filed 7/11/78; Order 3244, § 106-08-080, filed 12/8/71.]



PDF106-08-090

Service of process—By whom served.

The agency shall cause to be served all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be served by the party filing it.
[Order 3244, § 106-08-090, filed 12/8/71.]



PDF106-08-100

Petitions for stay of effectiveness.

Disposition of a petition for stay of effectiveness of a final order shall be made by the official, officer, or body of officers, who entered the final order.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-100, filed 10/31/91, effective 12/1/91; Order 3244, § 106-08-100, filed 12/8/71.]



PDF106-08-110

Service of process—Service upon parties.

The final order, and any other paper required to be served by the agency upon a party, shall be served upon such party or upon the agent designated by him or her or by law to receive service of such papers, and a copy shall be furnished to counsel of record.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-110, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-110, filed 12/8/71.]



PDF106-08-120

Transmittal of initial orders.

Initial orders prepared in compliance with RCW 34.05.461 shall be transmitted to the president, who in turn shall enter a final order after considering the record and evidence.
[Statutory Authority: RCW 28B.35.120(12). WSR 91-22-037 (Order CWU AO 68), § 106-08-120, filed 10/31/91, effective 12/1/91; Order 3244, § 106-08-120, filed 12/8/71.]



PDF106-08-130

Service of process—When service complete.

Service upon parties shall be regarded as complete: By mail, upon deposit in the United States mail properly stamped and addressed; by telegraph, when deposited with a telegraph company properly addressed and with charges prepaid.
[Order 3244, § 106-08-130, filed 12/8/71.]



PDF106-08-140

Service of process—Filing with agency.

Papers required to be filed with the agency shall be deemed filed upon actual receipt by the secretary of the agency at Ellensburg, Washington, accompanied by proof of service upon parties required to be served.
[Order 3244, § 106-08-140, filed 12/8/71.]



PDF106-08-230

Depositions and interrogatories in contested cases—Right to take.

Except as may be otherwise provided, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the proceeding, except that leave must be obtained if notice of the taking is served by a proponent within twenty days after the filing of a complaint, application or petition. Depositions shall be taken only in accordance with this rule.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-230, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-230, filed 12/8/71.]



PDF106-08-240

Depositions and interrogatories in contested cases—Scope.

Unless otherwise ordered, the deponent may be examined regarding any matter not privileged, which is relevant to the subject matter involved in the proceeding.
[Order 3244, § 106-08-240, filed 12/8/71.]



PDF106-08-250

Depositions and interrogatories in contested cases—Officer before whom taken.

Within the United States or within a territory or insular possession subject to the dominion of the United States depositions shall be taken before an officer authorized to administer oaths by the laws of the state of Washington or of the place where the examination is held; within a foreign country, depositions shall be taken before a secretary of an embassy or legation, consul general, vice consul or consular agent of the United States, or a person designated by the agency or agreed upon by the parties by stipulation in writing filed with the agency. Except by stipulation, no deposition shall be taken before a person who is a party or the privy of a party, or a privy of any counsel of a party, or who is financially interested in the proceedings.
[Order 3244, § 106-08-250, filed 12/8/71.]



PDF106-08-260

Depositions and interrogatories in contested cases—Authorization.

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice of not less than three days in writing to the agency and all parties. The notice shall state the time and place for taking the deposition, the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. On motion of a party upon whom the notice is served, the agency may for cause shown, enlarge or shorten the time. If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice and in any manner and when so taken may be used as other depositions.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-260, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-260, filed 12/8/71.]



PDF106-08-270

Depositions and interrogatories in contested cases—Protection of parties and deponents.

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the agency may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed, the deposition shall be opened only by order of the agency, or that business secrets or secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the agency; or the agency may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the agency may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as above provided. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the agency. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.
[Order 3244, § 106-08-270, filed 12/8/71.]



PDF106-08-280

Depositions and interrogatories in contested cases—Oral examination and cross-examination.

Examination and cross-examination shall proceed as at an oral hearing. In lieu of participating in the oral examination, any party served with notice of taking a deposition may transmit written cross interrogatories to the officer who, without first disclosing them to any person, and after the direct testimony is complete, shall propound them seriatim to the deponent and record or cause the answers to be recorded verbatim.
[Order 3244, § 106-08-280, filed 12/8/71.]



PDF106-08-290

Depositions and interrogatories in contested cases—Recordation.

The officer before whom the deposition is to be taken shall put the witness on oath and shall personally or by someone acting under the officer's direction and in the officer's presence, record the testimony by typewriter directly or by transcription from stenographic notes, wire or record recorders, which record shall separately and consecutively number each interrogatory. Objections to the notice, qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented or to the conduct of the officer, or of any party, shall be noted by the officer upon the deposition. All objections by any party not so made are waived.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-290, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-290, filed 12/8/71.]



PDF106-08-300

Depositions and interrogatories in contested cases—Signing attestation and return.

(1) When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefore; and the deposition may then be used as fully as though signed, unless on a motion to suppress the agency holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
(2) The officer shall certify on the deposition that the witness was duly sworn by him or her and that the deposition is a true record of the testimony given by the witness. The officer shall then securely seal the deposition in an envelope endorsed with the title of proceeding and marked "Deposition of (here insert name of witness)" and shall promptly send it by registered or certified mail to the agency for filing. The party taking the deposition shall give prompt notice of its filing to all other parties. Upon payment of reasonable charges therefore, the officer shall furnish a copy of the deposition to any party or to the deponent.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-300, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-300, filed 12/8/71.]



PDF106-08-310

Depositions and interrogatories in contested cases—Use and effect.

Subject to rulings by the agency upon objections a deposition taken and filed as provided in this rule will not become a part of the record in the proceeding until received in evidence by the agency upon its own motion or the motion of any party. Except by agreement of the parties or ruling of the agency, a deposition will be received only in its entirety. A party does not make a party, or the privy of a party, or any hostile witness his or her witness by taking a deposition. Any party may rebut any relevant evidence contained in a deposition whether introduced by him or her or any other party.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-310, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-310, filed 12/8/71.]



PDF106-08-320

Depositions and interrogatories in contested cases—Fees of officers and deponents.

Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the superior courts of the state of Washington, which fees shall be paid by the party at whose instance the depositions are taken.
[Order 3244, § 106-08-320, filed 12/8/71.]



PDF106-08-330

Depositions upon interrogatories—Submission of interrogatories.

Where the deposition is taken upon written interrogatories, the party offering the testimony shall separately and consecutively number each interrogatory and file and serve them with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom they are to be taken. Within ten days thereafter a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five days thereafter, the latter may serve redirect interrogatories upon the party who served cross-interrogatories.
[Order 3244, § 106-08-330, filed 12/8/71.]



PDF106-08-340

Depositions upon interrogatories—Interrogation.

Where the interrogatories are forwarded to an officer authorized to administer oaths as provided in WAC 106-08-250 the officer taking the same after duly swearing the deponent, shall read to the deponent seriatim, one interrogatory at a time and cause the same and the answer thereto to be recorded before the succeeding interrogatory is asked. No one except the deponent, the officer, and the court reporter or stenographer recording and transcribing it shall be present during the interrogation.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-340, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-340, filed 12/8/71.]



PDF106-08-350

Depositions upon interrogatories—Attestation and return.

The officer before whom interrogatories are verified or answered shall:
(1) Certify under the officer's official signature and seal that the deponent was duly sworn by him or her, that the interrogatories and answers are a true record of the deponent's testimony, that no one except deponent, the officer and the stenographer were present during the taking, and that neither the officer nor the stenographer is a party, privy to a party, or interested in the event of the proceedings, and
(2) Promptly send by registered or certified mail the original copy of the deposition and exhibits with the officer's attestation to the agency, one copy to the counsel who submitted the interrogatories and another copy to the deponent.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-350, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-350, filed 12/8/71.]



PDF106-08-360

Depositions upon interrogatories—Provisions of deposition rule.

In all other respects, depositions upon interrogatories shall be governed by the previous deposition rule.
[Order 3244, § 106-08-360, filed 12/8/71.]



PDF106-08-400

Hearing officers.

In each instance that a formal hearing is required by institutional policy or chapter 34.05 RCW, and upon receipt of a request for a formal hearing filed in accordance with chapter 34.05 RCW, the chair, vice chair, or another member of the board of trustees, on the basis of longevity and in the preceding order, may appoint one or more hearing officers, not to exceed three for any one hearing, to preside over, conduct and make proposals for decisions, including findings of fact and conclusions of law, in each instance, and shall afford an opportunity for a formal hearing after not less than ten days notice and provide such individual requesting formal hearing with notice of the hearing in accordance with the provisions of chapter 34.05 RCW.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-400, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-400, filed 12/8/71.]



PDF106-08-410

Hearing procedures.

Each hearing shall be conducted in the manner provided for in these rules and in chapter 34.05 RCW.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-410, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-410, filed 12/8/71.]



PDF106-08-420

Duties of hearing officers.

(1) All hearing officers appointed in accordance with WAC 106-08-400 shall conduct hearings in the same manner and shall have the same authority as provided in hearings by the board of trustees as set forth in these rules and in chapter 34.05 RCW: Provided, That hearing officers shall only make proposals for decisions.
(2) The proposals for decisions and findings of fact and conclusions of law shall be forthwith served upon the parties and transmitted to the board of trustees, together with a record of the proceeding. Within thirty days of service of such proposal for decisions, any party adversely affected may file exceptions, and thereafter all parties may present written argument to the board of trustees, which shall consider the whole record or such portions as may be cited by the parties, and after such review the board shall announce its decision and final action to be taken.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-420, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-420, filed 12/8/71.]



PDF106-08-430

Stipulations and admissions of record.

The existence or nonexistence of a material fact, as made or agreed in a stipulation or in an admission of record, will be conclusively presumed against any party bound thereby, and no other evidence with respect thereto will be received upon behalf of such party, provided:
(1) Upon whom binding. Such a stipulation or admission is binding upon the parties by whom it is made, their privies and upon all other parties to the proceeding who do not expressly and unequivocally deny the existence or nonexistence of the material fact so admitted or stipulated, upon the making thereof, if made on the record at a prehearing conference, oral hearing, oral argument, or by a writing filed and served upon all parties within five days after a copy of such stipulation or admission has been served upon them;
(2) Withdrawal. Any party bound by a stipulation or admission of record at any time prior to final decision may be permitted to withdraw the same in whole or in part by showing to the satisfaction of the agency that such stipulation or admission was made inadvertently or under a bona fide mistake of fact contrary to the true fact and that its withdrawal at the time proposed will not unjustly prejudice the rights of other parties to the proceeding.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-430, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-430, filed 12/8/71.]



PDF106-08-440

Definition of issues before hearing.

In all proceedings the issues to be adjudicated shall be made initially as precise as possible, in order that the agency may proceed promptly to conduct the hearings on relevant and material matter only.
[Order 3244, § 106-08-440, filed 12/8/71.]



PDF106-08-450

Continuances.

Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his or her knowledge, notify the agency of said desire, stating in detail the reasons why such continuance is necessary. The agency, in passing upon a request for continuance, shall consider whether such request was promptly and timely made. For good cause shown, the agency may grant such a continuance and may at any time order a continuance upon its motion. During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the agency may in its discretion continue the hearing and fix the date for introduction of additional evidence or presentation of argument. Such oral notice shall constitute final notice of such continued hearing.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-450, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-450, filed 12/8/71.]



PDF106-08-460

Rules of evidence—Admissibility criteria.

Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the agency is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. In passing upon the admissibility of evidence, the agency shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings, in matters not involving trial by jury, in the superior court of the state of Washington.
[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). WSR 94-20-062 (Order CWU AO 73), § 106-08-460, filed 9/30/94, effective 10/31/94; Order 3244, § 106-08-460, filed 12/8/71.]



PDF106-08-470

Tentative admission—Exclusion—Discontinuance—Objections.

When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The agency may, in its discretion, either with or without objection, exclude inadmissible evidence or order cumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time such evidence is offered.
[Order 3244, § 106-08-470, filed 12/8/71.]



PDF106-08-480

Form and content of decisions in contested cases.

Every decision and order, whether proposed, initial, or final, shall:
(1) Be correctly captioned as to name of agency and name of proceeding;
(2) Designate all parties and counsel to the proceeding;
(3) Include a concise statement of the nature and background of the proceeding;
(4) Be accompanied by appropriate numbered findings of fact and conclusions of law;
(5) Whenever practical, the conclusions of law shall include the reason or reasons for the particular order or remedy afforded;
(6) Wherever practical, the conclusions and/or order shall be referenced to specific provisions of the law and/or regulations appropriate thereto, together with reasons and precedents relied upon to support the same.
[Order 3244, § 106-08-480, filed 12/8/71.]