182-16-2140  <<  182-16-2150 >>   182-16-2160

(Effective until January 1, 2020)

WAC 182-16-2150

Review officer or officersDesignation and authority.

(1) The designation of a review officer or officers shall be consistent with the requirements of RCW 34.05.491 and the review officer or officers shall not have personally participated in the decision made by the employing agency or PEBB program.
(2) The review officer or officers shall review the initial order and the record to determine if the initial order was correctly decided.
(3) The review officer or officers will issue a final order that will either:
(a) Affirm the initial order in whole or in part;
(b) Reverse the initial order in whole or in part; or
(c) Refer the matter for a formal administrative hearing; or
(d) Remand to the presiding officer in whole or in part.
(4) A review officer or officers are limited to those powers granted by the state constitution, statutes, rules, or applicable case law.
(5) A review officer or officers may not decide that a rule is invalid or unenforceable.
(6) In addition to the record, the review officer or officers may employ authority expertise as a basis for the decision.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-2150, filed 10/29/18, effective 1/1/19.]
(Effective January 1, 2020)

WAC 182-16-2150

Review officer or officersDesignation and authority.

(1) The designation of a review officer or officers shall be consistent with the requirements of RCW 34.05.491 and the review officer or officers shall not have personally participated in the decision made by the employing agency or PEBB program.
(2) The review officer or officers shall review the initial order and the record to determine if the initial order was correctly decided.
(3) The review officer or officers will issue a final order that will either:
(a) Affirm the initial order in whole or in part;
(b) Reverse the initial order in whole or in part; or
(c) Refer the matter for a formal administrative hearing; or
(d) Remand to the presiding officer in whole or in part.
(4) A review officer or officers are limited to those powers granted by the state constitution, statutes, rules, or applicable case law.
(5) A review officer or officers may not decide that a rule is invalid or unenforceable.
(6) In addition to the record, the review officer or officers may employ the authority's expertise as a basis for the decision.
[Statutory Authority: RCW 41.05.021, 41.05.160, and PEBB policy resolutions. WSR 19-17-073 (Admin #2019-01), § 182-16-2150, filed 8/20/19, effective 1/1/20. Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-2150, filed 10/29/18, effective 1/1/19.]
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