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Chapter 392-101 WAC

Last Update: 7/16/15

SUPERINTENDENT OF PUBLIC INSTRUCTION—ADMINISTRATIVE PRACTICES AND PROCEDURES

WAC Sections

HTMLPDF392-101-001Authority.
HTMLPDF392-101-005Administrative practices regarding hearings and rule proceedings.
HTMLPDF392-101-010Conduct of administrative hearings.
HTMLPDF392-101-015Determination of indigency—Provision of free transcript.
Reviser's note: With the filing of superintendent of public instruction Order 7-75, on December 22, 1975, chapter 392-08 WAC, entitled Practice and procedure, has been superseded by chapter 392-101 WAC. See Title 392 WAC digest page for disposition of chapters and reference notes relative thereto.


PDF392-101-001

Authority.

The authority for this chapter is RCW 34.05.220 which authorizes the superintendent of public instruction to adopt rules governing the formal and informal procedures prescribed or authorized by chapter 34.05 RCW.
[Statutory Authority: RCW 34.05.220 [(1)](a). WSR 89-23-001 (Order 15), § 392-101-001, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 34.04.020. WSR 83-17-057 (Order 83-5), § 392-101-001, filed 8/17/83.]



PDF392-101-005

Administrative practices regarding hearings and rule proceedings.

The superintendent of public instruction is governed by the state Administrative Procedure Act, chapter 34.05 RCW, the Washington State Register Act, chapter 34.08 RCW, and the state office of Administrative Hearings Act, chapter 34.12 RCW. These acts govern the conduct of "rule" making proceedings and the conduct of "contested case" hearings as these terms are defined in RCW 34.05.010 (2) and (3). Appearances in representative capacities before the superintendent of public instruction; the procedures and conditions governing petitions for declaratory rulings or the adoption, amendment, or repeal of a rule; and, the standards, procedures and conditions governing the conduct of contested case hearings and proceedings by or before the superintendent of public instruction shall be as set forth in rules of the state code reviser and the office of administrative hearings as now or hereafter amended. The rules of the code reviser are currently set forth in chapters 1-08 and 1-21 WAC. The rules of the office of administrative hearings are currently set forth in chapter 10-08 WAC.
All other regulatory actions and hearings conducted by the superintendent of public instruction may be conducted informally at the discretion of the superintendent.
[Statutory Authority: RCW 34.05.220 [(1)](a). WSR 89-23-001 (Order 15), § 392-101-005, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 34.04.020. WSR 83-17-057 (Order 83-5), § 392-101-005, filed 8/17/83; Order 7-75, § 392-100-005, filed 12/22/75.]



PDF392-101-010

Conduct of administrative hearings.

The superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction:
(1) Nonresident transfer appeals pursuant to WAC 392-137-055(2).
(2) Special education hearings pursuant to chapter 392-172A WAC or as amended.
(3) Equal educational opportunity complaints pursuant to WAC 392-190-075.
(4) Professional certification appeals pursuant to WAC 181-86-150.
(5) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226.
(6) Traffic safety education appeals pursuant to WAC 392-153-001 through 392-153-070.
(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.
(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.
(9) Appeals of enforcement actions withholding or recovering funds, in whole or in part, taken as a result of consolidated program reviews of federal programs conducted in accordance with 34 C.F.R. Sections 80.40 and 80.43.
[Statutory Authority: RCW 34.05.220. WSR 15-15-107, § 392-101-010, filed 7/16/15, effective 8/16/15. Statutory Authority: RCW 28A.150.305. WSR 13-18-077, § 392-101-010, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 42.20.100 [46.20.100(2)]. WSR 08-22-035, § 392-101-010, filed 10/30/08, effective 11/30/08. Statutory Authority: RCW 46.20.100(2) and chapter 28A.220 RCW. WSR 91-18-007 (Order 91-17), § 392-101-010, filed 8/23/91, effective 9/23/91. Statutory Authority: RCW 34.04.020. WSR 89-17-067 (Order 89-07), § 392-101-010, filed 8/16/89, effective 9/16/89. Statutory Authority: RCW 28A.03.500. WSR 87-10-013 (Order 87-5), § 392-101-010, filed 4/28/87.]



PDF392-101-015

Determination of indigency—Provision of free transcript.

A determination of indigency shall be made for all persons wishing the provision of a free transcript of proceedings pursuant to the following standards:
(1) Any person(s) receiving one or more of the following type of public assistance: Aid to families with dependent children, general assistance, poverty related veterans' benefits, food stamps, refugee resettlement benefits, medicaid, or supplementary security income.
(2) Any person(s) receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.
[Statutory Authority: RCW 34.04.020 [34.05.220]. WSR 91-02-095 (Order 49), § 392-101-015, filed 1/2/91, effective 2/2/91.]