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WAC 391-08-520

Declaratory orders.

Any person may petition the commission for a declaratory order, under RCW 34.05.240, with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the commission. For purposes of this section, the term person includes natural persons, employee organizations, and employers.
(1) A petition for a declaratory order shall generally adhere to the following form:
(a) At the top of the page shall appear the wording "Before the Public Employment Relations Commission," a caption setting out "In the Matter of the Petition of (name of petitioner to be inserted) for a Declaratory Order," and the title "Petition."
(b) The body of the petition shall set out, in numbered paragraphs:
(i) The name and address of the petitioner and the name and address, if any, of the representative appearing on behalf of the petitioner.
(ii) The name(s) and address(es) of any other party which the petitioner seeks to have bound by any declaratory order issued by the commission, and the name(s) and address(es) of their representatives, if known.
(iii) The rule(s), order(s) or statute(s) from which the controversy arises.
(iv) The facts which the petitioner wishes the commission to consider in issuing a declaratory order.
(v) The issues which the petitioner wishes the commission to address in its order.
(vi) The relief requested by the petitioner.
(vii) The reasons on which the petitioner relies to show that: Uncertainty necessitating resolution exists; there is actual controversy arising from the uncertainty such that a declaratory order will not be merely an advisory opinion; the uncertainty adversely affects the petitioner; and the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested.
(c) The petition shall be filed at the commission’s Olympia office as required by WAC 391-08-120(1), and copies shall be served on other parties named in the petition as required by WAC 391-08-120 (3) and (4).
(2) Within fifteen days after receipt of a petition for a declaratory order, the executive director or designee shall give notice of the petition to all persons to whom notice is required by law, and may give notice to any other person he or she deems desirable. The notice shall establish a deadline for necessary parties other than the petitioner to file written consent to the determination of the matter by a declaratory order.
(3) The petition and any responses from parties shall be forwarded to the commission for consideration. The commission shall not issue a declaratory order if:
(a) The matter is or could have been the subject of any other adjudicative proceeding before the commission; or
(b) A necessary party whose rights would be substantially prejudiced does not consent, in writing, to the determination of the matter by a declaratory order.
(4) The commission may consider the petition without argument and shall, within thirty days after receipt of the petition, do one of the following:
(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances;
(b) Set a reasonable time and place for a hearing to be held within ninety days after receipt of the petition, including submission of evidence by the parties if deemed necessary by the commission, or submission of written argument upon the matter if the material facts are not in dispute. The commission shall give seven days or more advance written notice to the petitioner and other persons who have been given notice of the petition pursuant to subsection (2) of this section of the time, date, and place for the hearing or submission and of the issues it will be considering;
(c) Set a specified time within ninety days after receipt of the petition by which it will enter a declaratory order; or
(d) Decline to enter a declaratory order, stating the reasons for its action.
(5) The commission may extend the time limits of subsection (4)(b) and (c) of this section, for good cause.
(6) The commission may, at any time before taking final action on a petition under this section, request submission of additional facts or argument, including setting the case for oral argument.
(7) If the commission proceeds in the manner provided in subsection (4)(b) of this section, it shall within a reasonable time after conclusion of the proceeding:
(a) Issue a declaratory order; or
(b) Notify the petitioner and any other party to the proceeding that no declaratory order will be issued and state the reasons for such action.
(8) A declaratory order entered by the commission or a decision to decline to enter a declaratory order shall be in writing, and shall be served upon all parties identified in subsection (2) of this section. Each declaratory order shall contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusions.
(9) A declaratory order has the same status as any other order entered in an adjudicative proceeding conducted by the commission.
(10) In the event a declaratory order is filed involving the application of the provisions of chapter 47.64 RCW, the marine employees' commission shall act in place of the commission.
[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.58.065, 41.59.110, 41.76.060, and 49.39.060. WSR 12-05-066, § 391-08-520, filed 2/15/12, effective 3/17/12. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 34.05.240. WSR 98-14-112, § 391-08-520, filed 7/1/98, effective 8/1/98.]
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