182-16-3170  <<  182-16-3180 >>   182-16-3190

(Effective until January 1, 2020)

WAC 182-16-3180

Request for reconsideration and responseProcess.

(1) A request for reconsideration asks the hearing officer to reconsider the final order because the party believes the hearing officer made a mistake of law, mistake of fact, or clerical error.
(2) A request for reconsideration must state in writing why the party wants the final order to be reconsidered.
(3) Requests for reconsideration must be filed with the hearing officer who entered the final order.
(4) If a party files a request for reconsideration:
(a) The hearing officer must receive the request for reconsideration on or before the tenth business day after the service date of the final order.
(b) The party filing the request must serve copies of the request to all other parties.
(c) Within five business days of receiving a request for reconsideration, the hearing officer must serve to all parties a notice that provides the date the request for reconsideration was received.
(5) The other parties may respond to the request for reconsideration. The response must state in writing why the final order should stand. Responses are optional. If a party chooses not to respond, that party will not be prejudiced because of that choice.
(a) Responses to a request for reconsideration must be received by the hearing officer no later than seven business days after the service date of the hearing officer's notice as described in subsection (4)(c) of this section, or the response will not be considered.
(b) Service of responses to a request for reconsideration must be made to all parties.
(6) If a party needs more time to file a request for reconsideration or respond to a request for reconsideration, the hearing officer may extend the required time frame if the party makes a written request providing a good reason for the request within the required time frame.
(7) No evidence may be offered in support of a motion for re-consideration, except newly discovered evidence that is material for the party moving for reconsideration and that the party could not with reasonable diligence have discovered and produced at the hearing or before the ruling on a dispositive motion.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-3180, filed 10/29/18, effective 1/1/19.]
(Effective January 1, 2020)

WAC 182-16-3180

Request for reconsideration and responseProcess.

(1) A request for reconsideration asks the hearing officer to reconsider the final order because the party believes the hearing officer made a mistake of law, mistake of fact, or clerical error.
(2) A request for reconsideration must state in writing why the party wants the final order to be reconsidered.
(3) Requests for reconsideration must be filed with the hearing officer who entered the final order.
(4) If a party files a request for reconsideration:
(a) The hearing officer must receive the request for reconsideration on or before the tenth business day after the service date of the final order;
(b) The party filing the request must serve copies of the request on all other parties on the same day the request is served on the hearing officer; and
(c) Within five business days of receiving a request for reconsideration, the hearing officer must serve to all parties a notice that provides the date the request for reconsideration was received.
(5) The other parties may respond to the request for reconsideration. The response must state in writing why the final order should stand. Responses are optional. If a party chooses not to respond, that party will not be prejudiced because of that choice.
(a) Responses to a request for reconsideration must be received by the hearing officer no later than seven business days after the service date of the hearing officer's notice as described in subsection (4)(c) of this section, or the response will not be considered.
(b) Service of responses to a request for reconsideration must be made to all parties.
(6) If a party needs more time to file a request for reconsideration or respond to a request for reconsideration, the hearing officer may extend the required time frame if the party makes a written request providing a good reason for the request within the required time frame.
(7) No evidence may be offered in support of a motion for re-consideration, except newly discovered evidence that is material for the party moving for reconsideration and that the party could not have reasonably discovered and produced at the hearing or before the ruling on a dispositive motion.
[Statutory Authority: RCW 41.05.021, 41.05.160, and PEBB policy resolutions. WSR 19-17-073 (Admin #2019-01), § 182-16-3180, 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), § 182-16-3180, filed 10/29/18, effective 1/1/19.]
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