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WAC 292-100-160

Conduct of hearings.

(1) A hearing shall be conducted pursuant to the Administrative Procedure Act (chapter 34.05 RCW) and its supporting regulations (chapter 10-08 WAC), shall be followed unless modified by chapter 292-100 WAC.
(2) A hearing shall be conducted either by the board or by an administrative law judge. If an administrative law judge participates by request of a respondent, the board may choose to sit with the administrative law judge to hear the matter. If an administrative law judge sits with the board, he or she shall rule on procedural and evidentiary matters. If an administrative law judge hears the matter at the request of the board, the board may choose to sit with the administrative law judge or the board may request that the administrative law judge hear the matter alone and prepare an initial order.
(3) Following a hearing in which the board participates, the board may conclude that:
(a) The respondent(s) did not violate the act, as alleged, and dismiss the case; or
(b) The respondent(s) has (have) violated chapter 42.52 RCW; or
(c) The respondent(s) is (are) in violation of chapter 42.52 RCW, the board's remedy would be inadequate and the matter should be referred to the appropriate law enforcement agency as provided in RCW 42.52.470.
(4) Following a hearing in which the board participates, the board:
(a) Shall set forth in writing its findings of fact, conclusions of law and decision on the merits of the case; and
(b) Shall serve each party, the complainant and the employing agency, a copy of the findings of fact, conclusions of law and decision.
(5) Following a hearing in which the board does not participate, the administrative law judge shall:
(a) Set forth written findings of fact, conclusions of law and decision on the merits of the case in an initial order;
(b) Shall serve each party and board staff a copy of the findings of fact, conclusions of law and decision, including a statement of the right to request review of the initial order by the board.
[Statutory Authority: RCW 42.52.360 (2)(b). WSR 07-02-001, § 292-100-160, filed 12/20/06, effective 1/20/07. Statutory Authority: RCW 42.52.360 (2)(b) and 42.52.425. WSR 01-13-033, § 292-100-160, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW 42.52.360 (2)(b). WSR 99-06-073, § 292-100-160, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW 42.52.360 (2)(b). WSR 96-22-028, § 292-100-160, filed 10/30/96, effective 11/30/96.]
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