(1) Pursuant to the Administrative Procedure Act, chapter 34.05 RCW, the board may issue a protective order when the board finds that filings will require information designated as confidential or exempt as defined in WAC 371-08-361 to be disclosed in the proceeding. The board on its own initiative, or upon motion by a party, may amend its protective order.

(2) Denial of protective order. If the board denies a motion for a protective order, the presiding officer will order disclosure and any terms and conditions of disclosure.

(3) Designating and filing documents subject to a protective order. Parties must comply with the requirements in the protective order and in WAC 371-08-361 for designating, marking, and filing documents containing information claimed to be confidential or exempt. The provider must file a cover sheet identifying that one or more documents in the filing contain information subject to the protective order. Unredacted versions must be filed by personal delivery, commercial delivery, fax, electronic mail, or first-class, registered, or certified mail. The provider should contact the board's staff for instructions on filing unredacted versions with the board.

(4) Ruling on designations. The presiding officer will review documents claimed to be subject to the protective order. The presiding officer may rule that any document is not subject to the protective order. The party seeking the designation has the burden to support the claimed designation. The board will provide an opportunity for the provider to respond, either orally or in writing, before ordering disclosure, in whole or in part, and any terms and conditions of disclosure. A party to a proceeding may also challenge a designation by filing a motion requesting that the presiding officer review and remove the claimed designation.