182-16-3090  <<  182-16-3100 >>   182-16-3110

(Effective until January 1, 2020)

WAC 182-16-3100

Rescheduling and continuances for formal administrative hearings.

(1) Any party may request the hearing officer to reschedule a formal administrative hearing if a rule requires notice of a hearing and the amount of notice required was not provided.
(a) The hearing officer must reschedule the hearing under circumstances identified in subsection (1) of this section if requested by any party.
(b) The parties may agree to shorten the amount of notice required by any rule.
(2) Any party may request a continuance of a formal administrative hearing either orally or in writing.
(a) In each formal administrative hearing, the hearing officer must grant each party's first request for a continuance. The continuance may be up to thirty calendar days.
(b) The hearing officer may grant each party up to one additional continuance of up to thirty calendar days because of extraordinary circumstances established at a proceeding.
(c) After granting a continuance, the hearing officer or their designee must:
(i) Immediately telephone all other parties to inform them the hearing was continued; and
(ii) Serve an order of continuance on the parties no later than fourteen days before the new formal administrative hearing date. All orders of continuance must provide a new deadline for filing documents with the hearing officer. The new filing deadline can be no less than ten calendar days prior to the new formal administrative hearing date. If the continuance is granted pursuant to (b) of this subsection, then the order of continuance must also include findings of fact that state with specificity the extraordinary circumstances for which the hearing officer granted the continuance.
(3) Regardless of whether a party has been granted a continuance as described in subsection (1) of this section, the hearing officer must grant a continuance if a new material issue is raised during the formal administrative hearing and a party requests a continuance.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-3100, filed 10/29/18, effective 1/1/19.]
(Effective January 1, 2020)

WAC 182-16-3100

Rescheduling and continuances for formal administrative hearings.

(1) Any party may request the hearing officer to reschedule a formal administrative hearing if a rule requires notice of a hearing and the amount of notice required was not provided.
(a) The hearing officer must reschedule the hearing under circumstances identified in this chapter if requested by any party.
(b) The parties may agree to shorten the amount of notice required by any rule.
(2) Any party may request a continuance of a formal administrative hearing either orally or in writing.
(a) In each formal administrative hearing, the hearing officer must grant each party's first request for a continuance. The continuance may be up to thirty calendar days.
(b) The hearing officer may grant each party up to one additional continuance of up to thirty calendar days because of extraordinary circumstances.
(c) After granting a continuance, the hearing officer or their designee must:
(i) Immediately telephone all other parties to inform them the hearing was continued; and
(ii) Serve an order of continuance on the parties no later than fourteen days before the new formal administrative hearing date. All orders of continuance must provide a new deadline for filing documents with the hearing officer. The new filing deadline can be no less than ten calendar days prior to the new formal administrative hearing date. If the continuance is granted pursuant to (b) of this subsection, then the order of continuance must also include findings of fact that state with specificity the extraordinary circumstances for which the hearing officer granted the continuance.
(3) Regardless of whether a party has been granted a continuance as described in subsection (2)(b) of this section, the hearing officer must grant a continuance if a new material issue is raised during the formal administrative hearing and a party requests a continuance.
[Statutory Authority: RCW 41.05.021, 41.05.160, and PEBB policy resolutions. WSR 19-17-073 (Admin #2019-01), § 182-16-3100, 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), § 182-16-3100, filed 10/29/18, effective 1/1/19.]
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