1550P FORMAL HEARING RULES FOR CONTESTED CASE HEARINGS (PROCEDURES)
Original Date: 1/9/1990 * Last Revision Effective: 9/11/2012
Policy Contact: President
The following procedures are established to meet the requirements for implementing policy #1550 - Formal Hearing Rules for Contested Case Hearing.
Appointment of Presiding Officers
The president or president’s designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or his or her designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, one person shall be designated by the president or president’s designee to make decisions concerning discover, closure, means of recording adjudicative proceedings, and similar matters.
Method of Recording
Proceedings shall be recorded by a method determined by the presiding officer, among those available, pursuant to the model rules of procedure in WAC 10-08-170.
Application for Adjudicative Proceeding
An application for adjudicative proceeding shall be in writing. Application forms are available at the following address: 3000 Landerholm Circle SE, Room B-202, Bellevue, Washington 98007. Written application for an adjudicative proceeding should be submitted to the above address within twenty (20) days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.
Brief Adjudicative Procedures
This rule is adopted in accordance with RCW 34.05.482-494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:
- Residency determinations made pursuant to RCW 28B.15.013, conducted by the admissions office.
- Disputes concerning educational records.
- Student conduct proceedings. The procedural rules in chapter 132H-120 WAC apply to these procedures.
- Parking violations. The procedural rules in chapter 132H-116 WAC apply to these proceedings.
- Outstanding debts owned by students or employees.
- Loss of eligibility for participation in institution-sponsored athletic events, pursuant to chapter 132H-400.
Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall make reference to the civil rules of procedure. The presiding officer shall have the power to control the frequency and nature of discovery permitted, and to order discovery conferences to discuss discovery issues.
Procedure for Closing Parts of the Hearings
A party may apply for a protective order to close part of a hearing. The party making the request should state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten (10) days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons therefore in writing within twenty (20) days of receiving the request.
No cameras or recording devices shall be allowed in those parts of proceedings which the presiding officer has determined shall be closed pursuant to WAC 132H-108-410, except for the method of official recording selected by the institution.
RELEVANT LAWS AND OTHER RESOURCES
- RCW 28B15.013, 34.05.250, 34.05.482 through 494
- WAC 10-08-170, 132H-108-410 through -480, 132H-116, 132H-120, 132H-400
Revisions 3/22/2005; 5/21/2009; 9/11/2012
Board of Trustees