Chapter 132S-20 WAC

Last Update: 5/25/16

PRACTICE AND PROCEDURE

WAC Sections

132S-20-001Purpose.
132S-20-025Model rules of procedure.
132S-20-035Brief adjudicative procedures.
132S-20-045Appointment of presiding officers.
132S-20-055Application for adjudicative proceeding.
132S-20-065Discovery and prehearing conferences.
132S-20-075Method of recording.
132S-20-085Recording devices.
132S-20-095Procedure for closing parts of the hearing.
132S-20-105Process for excluding witnesses.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
132S-20-005Introduction. [Order 76-1, § 132S-20-05 (codified as WAC 132S-20-005), filed 3/15/76.] Repealed by WSR 82-21-012 (Order 82-1), filed 10/11/82. Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW.
132S-20-010Definitions and procedures. [Order 76-1, § 132S-20-10 (codified as WAC 132S-20-010), filed 3/15/76.] Repealed by WSR 82-21-012 (Order 82-1), filed 10/11/82. Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW.
132S-20-015Practice and procedure—Formal hearing policy. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-015, filed 10/11/82. Formerly WAC 132S-108-010.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-020Practice and procedure—Definitions. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-020, filed 10/11/82. Formerly WAC 132S-108-020.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-030Practice and procedure—Appearance and practice before agency. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-030, filed 10/11/82. Formerly WAC 132S-108-030.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-040Practice and procedure—Notice and opportunity for hearing in contested cases. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-040, filed 10/11/82. Formerly WAC 132S-108-040.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-050Practice and procedure—Service of process—By whom served. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-050, filed 10/11/82. Formerly WAC 132S-108-050.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-060Practice and procedure—Service of process—Upon whom served. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-060, filed 10/11/82. Formerly WAC 132S-108-060.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-070Practice and procedure—Service of process—Service upon parties. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-070, filed 10/11/82. Formerly WAC 132S-108-070.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-080Practice and procedure—Service of process—Method of service. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-080, filed 10/11/82. Formerly WAC 132S-108-080.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-090Practice and procedure—Service of process—When service complete. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-090, filed 10/11/82. Formerly WAC 132S-108-090.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-100Practice and procedure—Service of process—Filing with agency. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-100, filed 10/11/82. Formerly WAC 132S-108-100.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-110Practice and procedure—Depositions and interrogatories in contested cases—Right to take. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-110, filed 10/11/82. Formerly WAC 132S-108-110.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-120Practice and procedure—Depositions and interrogatories in contested cases—Scope. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-120, filed 10/11/82. Formerly WAC 132S-108-120.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-130Practice and procedure—Depositions and interrogatories in contested cases—Officer before whom taken. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-130, filed 10/11/82. Formerly WAC 132S-108-130.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-140Practice and procedure—Depositions and interrogatories in contested cases—Authorization. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-140, filed 10/11/82. Formerly WAC 132S-108-140.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-150Practice and procedure—Depositions and interrogatories in contested cases—Protection of parties and deponents. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-150, filed 10/11/82. Formerly WAC 132S-108-150.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-160Practice and procedure—Depositions and interrogatories in contested cases—Oral examination and cross-examination. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-160, filed 10/11/82. Formerly WAC 132S-108-160.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-170Practice and procedure—Depositions and interrogatories in contested cases—Signing attestation and return. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-170, filed 10/11/82. Formerly WAC 132S-108-170.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-180Practice and procedure—Depositions and interrogatories in contested cases—Use and effect. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-180, filed 10/11/82. Formerly WAC 132S-108-190.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-190Practice and procedure—Depositions and interrogatories in contested cases—Fees of officers and deponents. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-190, filed 10/11/82. Formerly WAC 132S-108-200.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-200Practice and procedure—Depositions upon interrogatories—Submission of interrogatories. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-200, filed 10/11/82. Formerly WAC 132S-108-210.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-210Practice and procedure—Depositions upon interrogatories—The interrogation. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-210, filed 10/11/82. Formerly WAC 132S-108-220.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-220Practice and procedure—Depositions upon interrogatories—Attestation and return. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-220, filed 10/11/82. Formerly WAC 132S-108-230.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-230Practice and procedure—Depositions upon interrogatories—Provisions of deposition rule. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-230, filed 10/11/82. Formerly WAC 132S-108-240.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-240Practice and procedure—Hearing officers. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-240, filed 10/11/82. Formerly WAC 132S-108-250.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-250Practice and procedure—Hearing procedures. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-250, filed 10/11/82. Formerly WAC 132S-108-260.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-260Practice and procedure—Duties of hearing officers. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-260, filed 10/11/82. Formerly WAC 132S-108-270.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-270Practice and procedure—Stipulations and admissions of record. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-270, filed 10/11/82. Formerly WAC 132S-108-280.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-280Practice and procedure—Definition of issues before hearing. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-280, filed 10/11/82. Formerly WAC 132S-108-290.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-290Practice and procedure—Continuances. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-290, filed 10/11/82. Formerly WAC 132S-108-300.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-300Practice and procedure—Rules of evidence—Admissibility criteria. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-300, filed 10/11/82. Formerly WAC 132S-108-310.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-310Practice and procedure—Tentative admission—Exclusion—Discontinuance—Objections. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-310, filed 10/11/82. Formerly WAC 132S-108-320.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.
132S-20-320Practice and procedure—Form and content of decisions in contested cases. [Statutory Authority: RCW 28B.50.140 and chapter 28B.19 RCW. WSR 82-21-012 (Order 82-1), § 132S-20-320, filed 10/11/82. Formerly WAC 132S-108-330.] Repealed by WSR 16-12-039, filed 5/25/16, effective 6/25/16. Statutory Authority: RCW 28B.50.140.


132S-20-001
Purpose.

The purpose of this chapter is to provide process for brief and full adjudicative hearings.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-001, filed 5/25/16, effective 6/25/16.]



132S-20-025
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 the Columbia Basin College. These 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 the college shall govern.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-025, filed 5/25/16, effective 6/25/16.]



132S-20-035
Brief adjudicative procedures.

This rule adopts the provision of RCW 34.05.482 through 34.05.494. Brief adjudicative procedures may, at the election of college, be used in all appeals related to:
(1) Residency determination. Appeals of residency determination under RCW 28B.15.013 are brief adjudicative proceedings conducted by the vice president for student services;
(2) Outstanding debts of college employees or students;
(3) Loss of eligibility to participate in athletic events;
(4) Contents of educational records;
(5) Hearings on denial of financial aid. Any hearings required by state or federal law regarding granting, modification or denial of financial aid are brief adjudicative proceedings conducted by the vice president for student services.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-035, filed 5/25/16, effective 6/25/16.]



132S-20-045
Appointment of presiding officers.

The president or his/her 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 Bar Association, a panel of individuals, the president or his/her designee, or any combination listed in this section. 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, witness exclusion, means of recording adjudicative proceedings, and similar matters.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-045, filed 5/25/16, effective 6/25/16.]



132S-20-055
Application for adjudicative proceeding.

An application for adjudicative proceeding shall be in writing and should be submitted to the following address within twenty calendar days of the college action giving rise to the application, unless provided for otherwise by statute or rule: President's Office, Columbia Basin College, 2600 N. 20th Avenue, Pasco, WA 99301.
An application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, the applicable statutes regarding rules, and an explanation of the facts involved. The procedures in applicable collective bargaining agreements between the college and representative union in effect and governing the matter will supersede these proceedings.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-055, filed 5/25/16, effective 6/25/16.]



132S-20-065
Discovery and prehearing conferences.

Discovery, including investigation in adjudicative proceeding, 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.
Prehearing conferences or other conferences may be held for the settlement or simplification of issues at the discretion of the presiding officer, or pursuant to a motion by either of the parties for a prehearing conference. The prehearing conference may be conducted by telephone, television, or other electronic means, in the discretion of the presiding officer and where the rights of the parties will not be prejudiced. Each participant in the conference shall have an opportunity to participate effectively in, to hear, and if technically and economically feasible, to see the entire proceeding while it is taking place.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-065, filed 5/25/16, effective 6/25/16.]



132S-20-075
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 16-12-039, § 132S-20-075, filed 5/25/16, effective 6/25/16.]



132S-20-085
Recording devices.

No camera or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed, except for the method of official recording selected by the college.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-085, filed 5/25/16, effective 6/25/16.]



132S-20-095
Procedure for closing parts of the hearing.

The hearing is open to public observation, except as determined by the presiding officer. The presiding officer shall have the authority to close all or part of the proceeding to public observation or impose reasonable conditions upon observation of the proceeding. The presiding officer may also close the proceeding under provision of law expressly authorizing closure or under a protective order entered by the presiding officer. 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 therefore in writing within twenty days of receiving the request.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-095, filed 5/25/16, effective 6/25/16.]



132S-20-105
Process for excluding witnesses.

A party may apply for an order excluding witnesses for good cause. 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 and may order, upon a showing of good cause, which, if any, witnesses should be excluded and state the reasons therefore in writing within twenty days of receiving the request.
[Statutory Authority: RCW 28B.50.140. WSR 16-12-039, § 132S-20-105, filed 5/25/16, effective 6/25/16.]