446-40-060  <<  446-40-070 >>   446-40-080

WAC 446-40-070

The board—Responsibilities and functions.

(1) The board shall consist of an administrative law judge and three members appointed by the chief, two of whom shall be appointed annually. The administrative law judge shall be the presiding officer and shall make all necessary rulings in the course of the hearing, but shall not participate in the deliberations or preparation of findings and recommendations by the board. The third member shall be appointed each time the board is convened and shall be of the same rank as the member whose case the board is hearing.
(2) The board shall inquire into all pertinent matters relating to the disability retirement questions before the board.
(3) The board shall obtain and review reports or testimony of mental or physical examinations of the member and shall advise the chief whether, in its opinion, the member is mentally or physically capable of continuing in active service or of resuming active service.
(4) When reviewing the case of a member in disability retirement status, the board shall recommend whether disability retirement should be continued or whether the member shall be directed to return to active duty.
(5) When reviewing an application by a member or the personnel officer for disability retirement status, the board shall recommend whether the chief should deny or grant the application.
(6) When the board recommends that a member presently in disability retirement status should return to active duty, or that a request for disability retirement should be denied, the board shall also make findings based on the evidence before it whether the member is physically or mentally capable of performing any specific assignment while on active duty. Where the board finds the member has a physical or mental impairment or disability, it shall describe such impairment or disability and the expected duration thereof, and shall recommend specific job assignments within the department which the member is mentally and physically capable of performing in his/her present condition.
(7) When the board recommends that the application for disability retirement status should be granted, it shall also determine whether the departmental member was injured or incapacitated while in the performance of his/her official duties or while on standby or available for duty.
[Statutory Authority: RCW 43.43.040. WSR 93-15-074, § 446-40-070, filed 7/19/93, effective 8/19/93; WSR 82-22-004 (Order 82-6), § 446-40-070, filed 10/21/82; WSR 81-04-042 (Order 81-1), § 446-40-070, filed 2/3/81; Order 4, § 446-40-070, filed 2/27/76; Order II, § 446-40-070, filed 11/22/74.]
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