(1)
Who may appear? Any party to
any appeal may appear before the board at any conference or hearing held in
such appeal, either on the party's own behalf or by a representative as
described in subsections (3) and (4) of this section.
(2)
Who must obtain approval prior to
representing a party? A person who is disbarred, resigns in lieu of
discipline, or is presently suspended from the practice of law in any
jurisdiction, or has previously been denied admission to the bar in any
jurisdiction for reasons other than failure to pass a bar examination, shall
not represent a party without the prior approval of the board. A written
petition for approval shall be filed 60 calendar days prior to any event for
which the person seeks to appear as a representative. The board may deny any
petition that fails to demonstrate competence, moral character, or
fitness.
(3)
Who may
represent a party?
(a) A worker or
beneficiary may be represented by:
(i) An
attorney at law with membership in good standing in the Washington state bar
association or a paralegal supervised by an attorney at law with membership in
good standing in the Washington state bar association.
(ii) An attorney at law with membership in
good standing in the highest court of any other state or the District of
Columbia.
(iii) A lay
representative so long as the person does not charge a fee, is not otherwise
compensated for the representation except as provided in (a)(iv) of this
subsection, and files a declaration or affidavit with the board certifying
compliance with this rule. The industrial appeals judge may alternatively
permit this certification to be made under oath and reflected in a transcript
or report of proceeding.
(iv) A lay
representative employed by the worker's labor union whose duties include
handling industrial insurance matters for the union, provided the person files
a declaration or affidavit with the board certifying this status. The
industrial appeals judge may alternatively permit this certification to be made
under oath and reflected in a transcript or report of proceeding.
(v) Any lay representative seeking to
represent a worker or beneficiary who has not provided the certification
required under (a)(iii) and (iv) of this subsection will be excluded from
serving as a worker's or beneficiary's representative.
(b) An employer or retrospective rating group
may be represented by:
(i) An attorney at law
with membership in good standing in the Washington state bar association or a
paralegal supervised by an attorney at law with membership in good standing in
the Washington state bar association.
(ii) An attorney at law with membership in
good standing in the highest court of any other state or the District of
Columbia.
(iii) A lay
representative who is a corporate officer or an employee of the employer or
retrospective rating group.
(iv) A
firm that contracts with the employer or retrospective rating group to handle
matters pertaining to industrial insurance.
(c) The department of labor and industries
may be represented by:
(i) An attorney
employed as assistant attorney general or appointed as a special assistant
attorney general.
(ii) A paralegal
supervised by an assistant attorney general or special assistant attorney
general.
(iii) An employee of the
department of labor and industries designated by the director, or his or her
designee, in a claim resolution settlement agreement under
RCW
51.04.063.
(d) A licensed legal intern may represent any
party consistent with Washington state admission to practice rule
9(e).
(4)
Appeals
under the Washington Industrial Safety and Health Act.
(a) In an appeal by an employee or employee
representative under the Washington Industrial Safety and Health Act, the cited
employer may enter an appearance as prescribed in subsection (7) of this
section and will be deemed a party to the appeal.
(b) In an appeal by an employer, under the
Washington Industrial Safety and Health Act, an employee or employee
representative may enter an appearance as prescribed in subsection (7) of this
section and will be deemed a party to the appeal.
(c) A lay representative appearing on behalf
of an employee or an employee representative in an appeal under the Washington
Industrial Safety and Health Act is not subject to the compensation
restrictions of subsection (3) of this section.
(5)
May a self-represented party be
accompanied by another person? Where the party appears representing
himself or herself, he or she may be accompanied, both at conference and at
hearing, by a lay person of his or her choosing who shall be permitted to
accompany the party into the conference or hearing room and with whom he or she
can confer during such procedures. If the lay person is also a witness to the
proceeding, the industrial appeals judge may exclude the lay person from the
proceeding as provided by Evidence Rule 615.
(6)
Assistance by the industrial
appeals judge. Although the industrial appeals judge may not advocate
for either party, all parties who appear either at conferences or hearings are
entitled to the assistance of the industrial appeals judge presiding over the
proceeding. Such assistance shall be given in a fair and impartial manner
consistent with the industrial appeals judge's responsibilities to the end that
all parties are informed of the procedure to be followed and the issues
involved in the proceedings. Any party who appears representing himself or
herself shall be advised by the industrial appeals judge of the burden of proof
required to establish a right to the relief being sought.
(7)
How to make an appearance.
(a) Appearance by employer representative.
Within 14 days of receipt of an order granting appeal, any representative of an
employer or retrospective rating group must file a written notice of appearance
that includes the name, address, and telephone number of the individual who
will appear.
(b) Appearances by a
worker or beneficiary representative shall be made either by:
(i) Filing a written notice of appearance
with the board containing the name of the party to be represented, and the name
and address of the representative; or by
(ii) Appearing at the time and place of a
conference or hearing on the appeal, and notifying the industrial appeals judge
of the party to be represented, and the name and address of the
representative.
(8)
Notice to other parties.
(a) The appearing party shall furnish copies
of every written notice of appearance to all other parties or their
representatives of record at the time the original notice is filed with the
board.
(b) The board will serve all
of its notices and orders on each representative and each party represented.
Service upon the representative shall constitute service upon the party. Where
more than one individual associated with a firm, or organization, including the
office of the attorney general, has made an appearance, service under this
subsection shall be satisfied by serving the individual who filed the notice of
appeal, or who last filed a written notice of appearance or, if no notice of
appeal or written notice of appearance has been filed on behalf of the party,
the individual who last appeared at any proceeding concerning the
appeal.
(9)
Withdrawal or substitution of representatives. An attorney or
other representative withdrawing from a case shall immediately notify the board
and all parties of record in writing. The notice of withdrawal shall comply
with the rules applicable to notices of withdrawal filed with the superior
court in civil cases. Withdrawal is subject to approval by the industrial
appeals judge or the chief legal officer. Any substitution of an attorney or
representative shall be accomplished by written notification to the board and
to all parties of record together with the written consent of the prior
attorney or representative. If such consent cannot be obtained, a written
statement of the reason therefor shall be supplied.
(10)
Conduct. All persons
appearing as counsel or representatives in proceedings before the board or
before its industrial appeals judges shall conform to the standards of ethical
conduct required of attorneys before the courts of the state of Washington.
(a) Industrial appeals judge. If any such
person does not conform to such standard, the industrial appeals judge
presiding over the appeal, at his or her discretion and depending on all the
circumstances, may take any of the following actions:
(i) Admonish or reprimand such
person.
(ii) Exclude such person
from further participation or adjourn the proceeding.
(iii) Certify the facts to the appropriate
superior court for contempt proceedings as provided in
RCW
51.52.100.
(iv) Report the matter to the
board.
(b) The board. In
its discretion, either upon referral by an industrial appeals judge as stated
above or on its own motion, after information comes to light that establishes
to the board a question regarding a person's ethical conduct and fitness to
practice before the board, and after notice and hearing, the board may take
appropriate disciplinary action including, but not limited to:
(i) A letter of reprimand.
(ii) Refusal to permit such person to appear
in a representative capacity in any proceeding before the board or its
industrial appeals judges.
(iii)
Certification of the record to the superior court for contempt proceedings as
provided in
RCW
51.52.100. If the circumstances require, the
board may take action as described above prior to notice and hearing if the
conduct or fitness of the person appearing before the board requires immediate
action in order to preserve the orderly disposition of the appeal(s).
(c) Proceedings. If any person in
proceedings before the board disobeys or resists any lawful order or process,
or misbehaves during a hearing or so near the place thereof as to obstruct the
same, or neglects to produce, after having been ordered so to do, any pertinent
book, paper or document, or refuses to appear after having been subpoenaed, or
upon appearing refuses to take oath as a witness, or after having the oath
refuses to be examined according to law, the industrial appeals judge may, at
his or her discretion and depending on all the circumstances:
(i) Admonish or reprimand such
person.
(ii) Exclude such person
from further participation or adjourn the proceeding.
(iii) Certify the facts to the appropriate
superior court for contempt proceedings as provided in
RCW
51.52.100.
(iv) Report the matter to the board for
action consistent with (b) of this subsection.
Notes
Wash. Admin. Code §
263-12-020
Amended by
WSR
14-24-105, Filed 12/2/2014, effective
1/2/2015
Amended by
WSR
16-24-054, Filed 12/2/2016, effective
1/2/2017
Amended by
WSR
21-15-042, Filed 7/14/2021, effective
8/14/2021
Amended by
WSR
22-14-024, Filed 6/24/2022, effective
7/25/2022
Statutory Authority:
RCW
51.52.020. 10-14-061, §
263-12-020, filed 6/30/10,
effective 7/31/10; 04-16-009, §
263-12-020, filed 7/22/04,
effective 8/22/04; 00-23-021, §
263-12-020, filed 11/7/00,
effective 12/8/00; 98-20-109, §
263-12-020, filed 10/7/98,
effective 11/7/98; 91-13-038, §
263-12-020, filed 6/14/91,
effective 7/15/91. Statutory Authority: RCW 51.41.060(4) and
51.52.020. 83-01-001 (Order 12),
§
263-12-020, filed 12/2/82.
Statutory Authority:
RCW
51.52.020. 82-03-031 (Order 11), §
263-12-020, filed 1/18/82; Order
7, §
263-12-020, filed 4/4/75; Order
6, §
263-12-020, filed 9/29/72; Order
4, §
263-12-020, filed 6/9/72; General
Order 2, § 3.1, filed 6/12/63; General Order 1, filed 3/23/60; General
Order 3, § 3.1(b), Subsection (2), filed
10/29/65.