(1) The executive
director may proceed upon the record, after submission of briefs or after
hearing, as appropriate. The executive director shall determine the status of
each position, classification, or group of employees at issue and issue an
order clarifying the bargaining unit, dismiss the petition, or make other
disposition of the matter.
(2) If
the executive director determines that employee eligibility issues exist, the
executive director may delegate authority to the hearing officer to decide
those issues.
(3)
(a) A party seeking review by the commission
of an interlocutory decision of the executive director, the executive
director's designee, or a hearing officer must file a motion for discretionary
review with the commission and a copy with the person who issued the
interlocutory decision within seven days after the decision is
issued.
(b) Discretionary review of
an interlocutory decision issued by the executive director, the executive
director's designee, or a hearing officer will be accepted by the commission
only:
(i) If the executive director, the
executive director's designee, or the hearing officer has committed an obvious
error that would render further proceedings useless;
(ii) If the executive director, the executive
director's designee, or the hearing officer has committed probable error and
the interlocutory decision substantially alters the status quo or substantially
limits the freedom of a party to act; or
(iii) If the executive director, the
executive director's designee, or the hearing officer has so far departed from
the accepted and usual course of administrative proceedings as to call for
immediate review by the commission.
(c) A motion for discretionary review under
this rule, and any response, should not exceed 15 pages (double-spaced,
12-point type) excluding appendices.
(d) Denial of discretionary review of a
decision does not affect the right of a party to obtain later review of the
interlocutory decision or the issues pertaining to that decision.
(4) Unless appealed to the
commission under WAC
391-35-210, a decision issued
under this section is the final order of the agency with the same force and
effect as if issued by the commission.
Notes
Wash. Admin. Code
§
391-35-190
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, §
391-35-190, filed 1/31/08, effective 4/1/08. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
41.56.060 and
41.59.080. 01-14-009, §
391-35-190, filed 6/22/01, effective 8/1/01; 98-14-112, § 391-35-190, filed
7/1/98, effective 8/1/98; 90-06-073, § 391-35-190, filed 3/7/90, effective
4/7/90. Statutory Authority: RCW 34.04.022,
41.58.050,
41.56.090,
41.59.110 and
28B.52.080. 85-19-059 (Resolution
No. 85-01), § 391-35-190, filed 9/16/85. 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), § 391-35-190, filed 9/30/80, effective
11/1/80.
