skip to main content

Rule-making

May 2021

We have proposed amendments to our rules of practice and procedure.

Summary of Proposed Changes

  • WAC 263-12-015, -01501, -020, -045, -118, -170, -195. The working job title of the Executive Secretary has been changed to Chief Legal Officer. These amendments will align our rules with this change.
  • WAC 263-12-020. The rule with regard to who may represent a party is updated to reflect that a corporate officer of an employer may represent the employer.
  • WAC 263-12-045. Amendment to the existing rule on appointing pro tem industrial appeal judges to reflect pro tem judges can be appointed to respond to increases in workloads in addition to the reasons already stated in the rule.
  • WAC 263-12-052. Change the name to Claim Resolution Settlement Agreements and relax the requirements to include certain statements in the agreement so long as the agreement otherwise reflects conformance with the various requirements of the statute. Address the disposition of active appeals by stay and dismissal upon the expiration of the revocation period unless other disposition of the appeal is specified by the agreement.
  • WAC 263-12-053. A new rule permitting amendments of agreements without the need to refile.
  • WAC 263-12-091. Amendments regarding filing of affidavits of prejudice in order to remove reference to RCW 4.12.050 concerning disqualification and to allow the filing of an affidavit of prejudice if an appeal is assigned to a new industrial appeals judge for the writing of the proposed decision and order.
  • WAC 263-12-097. Clarifies that the recent civil rule changes to use of team interpreters does not apply to proceedings at the Board.
  • WAC 263-12-117. Removes the requirement that a paper copy of the deposition transcript be filed in addition to the electronic copy.

Proposed Rule Changes

CR-102

Written comments on the proposed changes may be sent to Chief Legal Officer Dave Threedy by July 7, 2021 by mail, fax, or email. Oral comments will be received at the video rulemaking hearing to be held on July 7, 2021 by Zoom. The Zoom link for the rulemaking hearing is found in our CR-102, link above.

David Threedy
P.O. Box 42401, Olympia, WA
dave.threedy@biia.wa.gov
Fax: 855-586-5611