(1) Upon the
submission of a timely request for fact-finding, the parties shall meet within
seven days to attempt to select a fact finder.
(a) The parties may agree to designate the
mediator as fact finder.
(b) If the
parties agree on a fact finder, they shall obtain a commitment to serve and
notify the executive director of the identity of the fact finder.
(c) If the parties are unable to agree on a
fact finder within seven days, they shall immediately notify the executive
director.
(2) In the
absence of an agreement of the parties under subsection (1) of this section,
the executive director shall designate a fact finder.
(a) For disputes under chapter 41.59 RCW, the
fact finder must be a member of the agency staff other than the person who was
the mediator in the dispute. The parties are not entitled to influence the
designation of a fact finder and may not, either in writing or by other
communication, attempt to indicate any preference for or against any person as
the fact finder to be appointed by the agency.
(b) For disputes under chapter 41.80 RCW, the
fact finder may be a member of the agency staff or a member of the agency's
dispute resolution panel.
Notes
Wash. Admin. Code §
391-55-310
Amended by
WSR
22-23-101, Filed 11/16/2022, effective
1/1/2023
Statutory Authority:
RCW
41.58.050,
41.59.110,
41.80.090. 08-04-059, §
391-55-310, filed 1/31/08,
effective 4/1/08. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050 and
41.59.120. 99-14-060, §
391-55-310, filed 7/1/99,
effective 8/1/99. Statutory Authority: RCW 34.04.022,
41.58.050,
41.56.090,
41.59.110 and
28B.52.080. 83-24-035 (Order
83-05), §
391-55-310, filed 12/1/83,
effective 1/1/84. Statutory Authority:
RCW
28B.52.080,
41.56.040,
41.58.050,
41.59.110 and 47.64.040. 80-14-049
(Order 80-8), §
391-55-310, filed 9/30/80,
effective 11/1/80.