WSR 17-18-042

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 30, 2017, 11:30 a.m.]

Subject of Possible Rule Making: Amendment of sections of chapter 263-12 WAC, Practice and procedure. Procedural rules for hearings conducted by the agency. Allow for disposition of appeal when the department of labor and industries or the self-insured employer must intially [initially] present its case in chief and the appellant does not appear at the hearing.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.52.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In appeals filed from orders that determined a worker had obtained benefits through willful misrepresentation or in appeals from citations issued by the division of occupational safety and health, the department or self-insured employer has the burden of initially introducing all of its case[s] in chief. When the appealing party or their representative does not appear at the initial hearing, the department of labor and industries or the self-insured employer is required to present its proof in support of defending the appealed order. The rule would allow for disposition of the appeal due to the appellant's nonappearance without the need to take evidence from the department or self-insured employer.

Process for Developing New Rule: Interested parties can participate in the adoption process for the new rule and formulation of the rule before publication by contacting the individual listed below. The public can also participate by providing written comments and/or testimony during the public hearing and comment process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting David Threedy, P.O. Box 42401, Olympia, WA 98504-2401, phone 360-753-6823, fax 885-586-5611 [855-586-5611], TTY 800-833-6388, email dave.threedy@biia.wa.gov, web site www.biia.wa.gov.

August 30, 2017

David E. Threedy

Executive Secretary