Examiner decision.
(1)(a) A party seeking review by the commission of an interlocutory decision of the hearing examiner must file a motion for discretionary review with the commission and a copy with the executive director or his or her designee within seven days after the decision is issued.
(b) Discretionary review of an interlocutory decision issued by the hearing examiner will be accepted by the commission only:
(i) If the executive director, his or her designee, or hearing examiner has committed an obvious error which would render further proceedings useless; or
(ii) If the executive director, his or her designee, or hearing examiner has committed probable error and the decision of the interlocutory decision of the hearing examiner substantially alters the status quo or substantially limits the freedom of a party to act; or
(iii) If the executive director, his or her designee, or hearing examiner has so far departed from the accepted and usual course of administrative proceedings as to call for the exercise of revisory jurisdiction by the commission.
(c) The commission will not accept motions for discretionary review of:
(i) The issuance of a preliminary ruling by the executive director, his or her designee, or a hearing examiner under WAC
391-95-150; or
(ii) Any evidentiary ruling by a hearing examiner during the course of an administrative hearing.
(d) A motion for discretionary review under this rule, and any response, should not exceed fifteen pages double-spaced, excluding appendices.
(e) Denial of discretionary review of a decision does not affect the right of a party to obtain later review of the executive director's, his or her designee's, or hearing examiner's decision or the issues pertaining to that decision.
(2) After the close of the hearing and the filing of all briefs, the examiner shall issue a decision containing findings of fact, conclusions of law, and an order. Unless appealed to the commission under WAC
391-95-270, a decision issued under this section shall be the final order of the agency, with the same force and effect as if issued by the commission.
[Statutory Authority: RCW
28B.52.080,
41.56.090,
41.58.050,
41.59.110,
41.76.060. WSR 08-04-058, § 391-95-250, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
28B.52.045,
41.56.122 and
41.59.100. WSR 00-14-048, § 391-95-250, filed 6/30/00, effective 8/1/00; WSR 98-14-112, § 391-95-250, filed 7/1/98, effective 8/1/98; WSR 90-06-075, § 391-95-250, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW
34.04.022,
41.58.050,
41.56.090,
41.59.110 and
28B.52.080. WSR 85-19-059 (Resolution No. 85-01), § 391-95-250, filed 9/16/85. Statutory Authority: RCW
28B.52.080,
41.56.040,
41.58.050,
41.59.110 and
47.64.040. WSR 80-14-051 (Order 80-10), § 391-95-250, filed 9/30/80, effective 11/1/80.]
