Section 292-100-160 - Conduct of hearings(1) A hearing must be conducted pursuant to the Administrative Procedure Act (chapter 34.05 RCW) and its supporting regulations (chapter 10-08 WAC) unless modified by chapter 292-100 WAC.(2) Hearings may be conducted in-person, by video conference, or other virtual means as determined by the presiding officer and in accordance with WAC 10-08-180. Preference should be given to the method which will facilitate the timeliest hearing. When circumstances prevent the scheduling of an in-per-son hearing, virtual hearings are strongly encouraged unless a party can demonstrate it will be prejudiced by such a hearing in accordance with the APA and WAC 10-08-180.
(3) A hearing must be conducted either by the board or by an administrative law judge.(a) If an administrative law judge participates by request of a respondent, the board may choose to sit with the administrative law judge to hear the matter. If an administrative law judge sits with the board, the administrative law judge will rule on procedural and evidentiary matters.(b) If an administrative law judge hears the matter at the request of the board, the board may choose to sit with the administrative law judge or the board may request that the administrative law judge hear the matter alone and prepare an initial order.(4) Following a hearing, the board or administrative law judge may conclude that: (a) The respondent(s) did not violate the act, as alleged, and dismiss the case; or(b) The respondent(s) has (have) violated chapter 42.52 RCW; or(c) The respondent(s) is (are) in violation of chapter 42.52 RCW, the board's remedy would be inadequate and the matter should be referred to the appropriate law enforcement agency as provided in RCW 42.52.470.(5) Following a hearing in which the board participates, the board:(a) Must set forth in writing its findings of fact, conclusions of law and decision on the merits of the case; and(b) Must serve each party, the complainant and the employing agency a copy of the findings of fact, conclusions of law and decision.(6) Following a hearing in which the board does not participate, the administrative law judge must: (a) Set forth written findings of fact, conclusions of law and decision on the merits of the case in an initial order;(b) Must serve each party and board staff a copy of the findings of fact, conclusions of law and decision, including a statement of the right to request review of the initial order by the board.Wash. Admin. Code § 292-100-160
Amended by WSR 21-24-094, Filed 12/1/2021, effective 1/1/2022Statutory Authority: RCW 42.52.360(2)(b). 07-02-001, § 292-100-160, filed 12/20/06, effective 1/20/07. Statutory Authority: RCW 42.52.360(2)(b) and 42.52.425. 01-13-033, § 292-100-160, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW 42.52.360(2)(b). 99-06-073, § 292-100-160, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW 42.52.360(2)(b). 96-22-028, § 292-100-160, filed 10/30/96, effective 11/30/96.