Section 263-12-060 - Filing appeals-Limitation of time(1) In cases arising under the Industrial Insurance Act, or the Worker and Community Right to Know Act, the notice of appeal shall be filed within 60 days from the date the copy of the order, decision or award of the department was received by the appealing party, except an appeal from an order or decision making demand for repayment of sums paid to a provider of medical, dental, vocational or other health services shall be filed within 20 days from the date the order or decision was received by the provider.(2) In appeals arising under the Crime Victims Compensation Act (chapter 7.68 RCW), the notice of appeal shall be filed within 90 days from the date the copy of the order, decision or award of the department was received by the appealing party.(3) In appeals from a notice of assessment arising under chapter 51.48 RCW, the notice of appeal shall be filed within 30 days from the date the notice of assessment was served.(4) There are two types of appeals arising under the Washington Industrial Safety and Health Act (chapter 49.17 RCW). (a) For safety and health appeals from a citation and notice, follow the provisions in RCW 49.17.140(4). The appeal shall be initiated by giving the director of the department of labor and industries notice of intent to appeal within 15 working days from the date of notification of such citation, abatement period or penalty assessment.(b) For discrimination appeals, follow the provisions in RCW 49.17.160(6). An employer's appeal of a citation shall be initiated by giving the director of the department of labor and industries notice of intent to appeal within 30 days from the date of notification of such citation. A complainant's appeal from an order of appropriate relief shall be initiated by giving the director of the department of labor and industries notice of intent to appeal within 15 working days from the date of the order.(c) If the director does not reassume jurisdiction over the matter to which notice of intent to appeal is given, the department shall promptly transmit the notice of intent to appeal together with the department's record in the matter to the board, whereupon the matter shall be deemed an appeal before the board. If the director reassumes jurisdiction pursuant to a notice of intent to appeal, there shall be, within 30 working days of such reassumption or within the extended redetermination period up to an additional 45 working days upon agreement of all parties to the appeal, a further determinative order issued in the matter. Any appeal from such further determinative order must be made directly to the board, with a copy filed with the director of the department, within 15 working days from the date of notification of such further determinative order.(5) In appeals arising under chapter 49.26 RCW concerning the denial, suspension or revocation of certificates involving asbestos projects or in appeals arising under chapter 49.22 RCW concerning alleged violations of safety procedures in late night retail establishments, chapter 70.74 RCW concerning alleged violations of the Washington State Explosives Act, or chapter 88.04 RCW concerning alleged violations of the Charter Boat Safety Act, the notice of appeal shall be filed in the manner and within the time allowed for filing appeals under RCW 49.17.140 and WAC 263-12-060(4).(6) In appeals arising under the special death benefit provision of the law enforcement officers' and firefighters' retirement system (chapter 41.26 RCW), the notice of appeal shall be filed within 60 days from the date the copy of the order, decision or award of the department was received by the appealing party.(7) The board shall forthwith acknowledge receipt of any appeal filed with the board and the board's stamp placed thereon shall be prima facie evidence of the date of receipt. The board may thereafter require additional copies to be filed.Wash. Admin. Code § 263-12-060
Amended by WSR 22-19-009, Filed 9/9/2022, effective 10/10/2022Statutory Authority: RCW 51.52.020. 03-02-038, § 263-12-060, filed 12/24/02, effective 1/24/03; 00-23-021, § 263-12-060, filed 11/7/00, effective 12/8/00; 91-13-038, § 263-12-060, filed 6/14/91, effective 7/15/91. Statutory Authority: RCW 51.52.104, 51.52.020 and chapters 51.48 and 42.17 RCW. 86-03-021 (Order 20), § 263-12-060, filed 1/10/86. Statutory Authority: RCW 51.41.060(4) and 51.52.020. 83-01-001 (Order 12), § 263-12-060, filed 12/2/82. Statutory Authority: RCW 51.52.020. 82-03-031 (Order 11), § 263-12-060, filed 1/18/82; Order 7, § 263-12-060, filed 4/4/75; Order 4, § 263-12-060, filed 6/9/72; Rule 5.3, filed 6/12/63; Rule 3.3, filed 3/23/60; Rule 5.3, amended by General Order 3, filed 10/29/65. Formerly WAC 296-12-055.