Rule ELPOC 5.3 - INVESTIGATION OF GRIEVANCE(a)Review and Investigation. The chair of the discipline committee or the chair's designee must review and may refer for investigation by the Clerk or disciplinary counsel any alleged or apparent misconduct by an LPO and any alleged or apparent incapacity of an LPO to practice as an LPO whether the chair of the discipline committee learns of the misconduct by grievance or otherwise. If there is no grievant, the chair of the discipline committee may refer the matter to the Board with a request that the Board open a grievance in the Board's name.(b)Deferral.(1) An investigation into alleged acts of misconduct by an LPO may be deferred by the chair of the discipline committee or disciplinary counsel, with the approval of the chair of the discipline committee:(A) if it appears that the allegations are related to pending civil or criminal litigation;(B) if it appears that the respondent LPO is physically or mentally unable to respond to the investigation; or(C) for other good cause, if it appears that the deferral will not endanger the public.(2) The Clerk or disciplinary counsel must inform the grievant and respondent of a decision to defer or a denial of a request to defer and of the procedure for requesting review. A grievant or respondent may request review of a decision on deferral. If review is requested, the Clerk or disciplinary counsel refers the matter to the discipline committee for reconsideration of the decision on deferral. To request review, the grievant or respondent must deliver or deposit in the mail a request for review to the Board no later than 45 days after the Clerk mails the notice regarding deferral.(c)Dismissal of Grievance Not Required. None of the following alone requires dismissal of a grievance: the unwillingness of a grievant to continue the grievance, the withdrawal of the grievance, a compromise between the grievant and the respondent, or restitution by the respondent.(d)Duty To Furnish Prompt Response. Any LPO must promptly respond to any inquiry or request made under these rules for information relevant to grievances or matters under investigation. Upon inquiry or request, any LPO must:(1) furnish in writing, or orally if requested, a full and complete response to inquiries and questions;(2) permit inspection and copying of the LPO's business records, files, and accounts;(3) furnish copies of requested records, files, and accounts;(4) furnish written releases or authorizations if needed to obtain documents or information from third parties; and(5) comply with discovery conducted under rule 5.5.(e)Failure To Cooperate.(1)Noncooperation Deposition. If an LPO has not complied with any request made under section (d) or rule 2.11(d) for more than 30 days, the Clerk or disciplinary counsel may notify the LPO that failure to comply within ten days may result in the LPO deposition or subject the LPO to interim suspension under rule 7.2. Ten days after this notice, disciplinary counsel may serve the LPO with a subpoena for a deposition. Any deposition conducted after the ten day period and necessitated by the LPO's continued failure to cooperate may be conducted at any place in Washington State.(2)Costs and Expenses. (A) Regardless of the underlying grievance's ultimate disposition, an LPO who has been served with a subpoena under this rule is liable for the actual costs of the deposition, including but not limited to service fees, court reporter fees, travel expenses, and the cost of transcribing the deposition, if ordered by disciplinary counsel. In addition, an LPO who has been served with a subpoena for a deposition under this rule is liable for a reasonable attorney fee of $500.(B) The procedure for assessing costs and expenses is as follows: (i) Disciplinary counsel applies to the discipline committee by itemizing the cost and expenses and stating the reasons for the deposition.(ii) The LPO has ten days to respond to disciplinary counsel's application.(iii) The discipline committee by order assesses appropriate costs and expenses.(iv) Rule 13.9(e) governs Board review of the discipline committee order.(3)Grounds for Discipline. An LPO's failure to cooperate fully and promptly with an investigation as required by section (d) or rule 2.11(d) is also grounds for discipline.Wash. Admi. And. Prac. R. ELPOC 5.3
Adopted effective 1/1/2009.