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Chapter 132H-108 WAC

Last Update: 4/18/90

PRACTICE AND PROCEDURE AND FORMAL HEARING RULES FOR CONTESTED CASE HEARINGS

WAC Sections

HTMLPDF132H-108-410Model rules of procedure.
HTMLPDF132H-108-420Appointment of presiding officers.
HTMLPDF132H-108-430Method of recording.
HTMLPDF132H-108-440Application for adjudicative proceeding.
HTMLPDF132H-108-450Brief adjudicative procedures.
HTMLPDF132H-108-460Discovery.
HTMLPDF132H-108-470Procedure for closing parts of the hearings.
HTMLPDF132H-108-480Recording devices.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
132H-108-005Formal hearing policy. [Order 42, § 132H-108-005, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-010Grammatical definition. [Order 42, § 132H-108-010, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-020Definitions. [Order 42, § 132H-108-020, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-030Appearance and practice before agency. [Order 42, § 132H-108-030, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-040Notice and opportunity for hearing in contested cases. [Order 42, § 132H-108-040, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-050Service of process—By whom served. [Order 42, § 132H-108-050, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-060Upon whom served. [Order 42, § 132H-108-060, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-070Service upon parties. [Order 42, § 132H-108-070, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-080Method of service. [Order 42, § 132H-108-080, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-090When service complete. [Order 42, § 132H-108-090, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-100Filing with agency. [Order 42, § 132H-108-100, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-110Depositions and interrogatories in contested cases—Right to take. [Order 42, § 132H-108-110, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-120Scope. [Order 42, § 132H-108-120, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-130Officer before whom taken. [Order 42, § 132H-108-130, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-140Authorization. [Order 42, § 132H-108-140, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-150Protection of parties and deponents. [Order 42, § 132H-108-150, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-160Oral examination and cross-examination. [Order 42, § 132H-108-160, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-170Recordation. [Order 42, § 132H-108-170, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-180Signing attestation and return. [Order 42, § 132H-108-180, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-190Use and effect. [Order 42, § 132H-108-190, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-200Fees of officers and deponents. [Order 42, § 132H-108-200, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-210Depositions upon interrogatories—Submission of interrogatories. [Order 42, § 132H-108-210, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-220Interrogation. [Order 42, § 132H-108-220, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-230Attestation and return. [Order 42, § 132H-108-230, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-240Provisions of deposition rule. [Order 42, § 132H-108-240, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-250Hearing officers. [Order 42, § 132H-108-250, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-260Hearing procedures. [Order 42, § 132H-108-260, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-270Duties of hearing officers. [Order 42, § 132H-108-270, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-280Stipulations and admissions of record. [Order 42, § 132H-108-280, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-290Definition of issues before hearing. [Order 42, § 132H-108-290, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-300Continuances. [Order 42, § 132H-108-300, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-310Rules of evidence—Admissibility criteria. [Order 42, § 132H-108-310, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-320Tentative admission—Exclusion—Discontinuance—Objections. [Order 42, § 132H-108-320, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.
132H-108-330Form and content of decisions in contested cases. [Order 42, § 132H-108-330, filed 3/5/76.] Repealed by WSR 90-09-066 (Order 102, Resolution No. 189), filed 4/18/90, effective 5/19/90. Statutory Authority: RCW 28B.50.140.


PDF132H-108-410

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 at 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.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-410, filed 4/18/90, effective 5/19/90.]



PDF132H-108-420

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.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-420, filed 4/18/90, effective 5/19/90.]



PDF132H-108-430

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.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-430, filed 4/18/90, effective 5/19/90.]



PDF132H-108-440

Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: 3000 Landerholm Circle, S.E., Room B202, Bellevue, Washington.
(1) 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.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-440, filed 4/18/90, effective 5/19/90.]



PDF132H-108-450

Brief adjudicative procedures.

This rule is adopted in accordance with RCW 34.95.482-494 [34.05.482-494], the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:
(1) Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office;
(2) Disputes concerning educational records;
(3) Student conduct proceedings. The procedural rules in chapter 132H-200 WAC apply to these procedures.
(4) Parking violations. The procedural rules in chapter 132H-116 WAC apply to these proceedings;
(5) Outstanding debts owed by students or employees;
(6) Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 132H-400 WAC.
[Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-450, filed 4/18/90, effective 5/19/90.]



PDF132H-108-460

Discovery.

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.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-460, filed 4/18/90, effective 5/19/90.]



PDF132H-108-470

Procedure for closing parts of the hearings.

A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefor in writing within twenty days of receiving the request.
[Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-470, filed 4/18/90, effective 5/19/90.]



PDF132H-108-480

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 132H-108-410, except for the method of official recording selected by the institution.
[Statutory Authority: RCW 28B.50.140. WSR 90-09-066 (Order 102, Resolution No. 189), § 132H-108-480, filed 4/18/90, effective 5/19/90.]