Wash. Admin. Code § 391-35-170

Current through Register Vol. 24-20, October 15, 2024

Section 391-35-170 - Hearings-Reopening of hearing-Briefs

(1) Hearings are public, unless a protective order is issued under WAC 10-08-200(7), and are limited to matters concerning the clarification of the existing bargaining unit.

(a) The parties are responsible for the presentation of their cases.

(b) The hearing officer shall ascertain the respective positions of the parties to obtain a full and complete factual record upon which the agency may discharge its responsibilities under the applicable statute. The hearing officer has authority, under WAC 10-08-200(8) and (9), to ask questions, call witnesses, and explore matters not raised or only partially raised by the parties.

(2) Once a hearing has been declared closed, it may be reopened only upon the timely motion of a party that discovered new evidence which could not with reasonable diligence have been discovered and produced at the hearing.

(3) The hearing officer may direct the filing of briefs as to any or all of the issues in a case.

(4) Arrangements and due dates for briefs are established by the hearing officer.

(5) Any brief must be filed and served as required by WAC 391-08-120.

(6) A party filing a brief under this section must limit the brief's total length to 25 pages (double-spaced, 12-point type), unless:

(a) It files and serves a motion for permission to file a longer brief to address novel or complex issues; and

(b) The executive director, the executive director's designee, or the hearing officer grants the motion for good cause shown.

(7) A motion for permission to file a longer brief may be made orally to the hearing officer at the end of the hearing, and the hearing officer has the authority to orally grant the motion at that time.

Wash. Admin. Code § 391-35-170

Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023

Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.070. 08-04-058, § 391-35-170, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 34.05.437, 41.56.060 and 41.59.080. 01-14-009, § 391-35-170, filed 6/22/01, effective 8/1/01; 00-14-048, § 391-35-170, filed 6/30/00, effective 8/1/00; 98-14-112, § 391-35-170, filed 7/1/98, effective 8/1/98; 96-07-105, § 391-35-170, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110, 41.56.060, 41.59.080 and 53.18.015. 90-06-073, § 391-35-170, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-047 (Order 80-6), § 391-35-170, filed 9/30/80, effective 11/1/80.