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For additional information contact the Rule Coordinator:
Brian Watkins

2024 Rules Under Development

WSR 24-01-080

WAC Subject Purpose Estimated Filing Date of Proposed Rule (CR-102) Estimated Filing Date Permanent Rule (CR-103)
263-12-117(4) Perpetuation Deposition filing Clarify that the court reporter hired by the party taking a perpetuation deposition is responsible for filing perpetuation deposition transcripts. There have been some instances where there was confusion about whether the court reporter or the attorney should file it. June 20, 2024 To be determined.
263-12-117(4) and 263-12-01501 Perpetuation Deposition Transcripts BIIA staff discovered that deposition transcripts were not reasonably readable by assistive software used by sight impaired persons including affected BIIA staff. The BIIA contractor reporters' transcripts are readable by sight-impaired persons, but many perpetuation deposition transcripts aren't. The issue may be grounded in some transcript generator software, and by the use of certain graphic images.

Revise BIIA rule to provide for, or specify, a technology standard or requirement within pdf transcripts for perpetuation deposition transcripts to assure ADA accessibility (readability). Will consult court reporting community and BIIA's contractor among other sources.
June 20, 2024 To be determined.
263-12-01501(6) Filings with the Board Add that "Written communication filed shall not include personal identifiers as described in GR 31(e), and, if present, shall be redacted." Change would prohibit or discourage parties from filing social security numbers, financial account numbers, and driver’s license numbers. June 20, 2024 To be determined.
263-12-145(3)(b) Requests for translation of PDOs Limited-English proficient self-represented persons can request that the BIIA translate proposed decision and orders (PDOs). Occasionally a party requests translation after the deadline to file a petition for review has expired. That wasn't the intent of the current rule. Our current rule could be misread to permit late requests for translation, which throws into question whether we would be required to reopen the deadline to file a petition for review. Clarify that the request for translation must be made within the time to file a petition for review. June 20, 2024 To be determined.
263-12-115(2) Order of Presentation in worker appeals from claim-rejection orders where worker argues that a presumption applies With the advent of occupational disease presumptions now present in the Industrial Insurance Act, it is time to reexamine the Board's strict rule on the order of presentation at trial.

Change rule to recognize the difference in the order of presentation when a worker appeals a claim rejection order and claims entitlement to a statutory presumption.

The notion is that when a worker appeals a claim rejection order and claims entitlement to a statutory presumption, the worker should first show that the presumption applies, then the defense should go next to have an opportunity to rebut the presumption, then the claimant should be allowed to present evidence in response to the case presented by the defense.
June 20, 2024 To be determined.
263-12-11801(2) Affidavits and Declarations Current rule refers to affidavits or declarations conforming to the requirements of RCW 9A.72.085. But that RCW has been repealed. Chapter 5.50 RCW is titled Uniform Unsworn Declarations Act. We should change the reference to Chapter 5.50 RCW. June 20, 2024 To be determined.
263-12-059(3)(c)(i) WISHA Appeals — Request to Stay Abatement Pending Appeal WISHA Appeals. Current rule is vague on whether an affidavit or declaration is required when an employer moves for a stay of abatement. Change rule to clarify the filing requirements for evidence supporting stay motions. Either require or don't require whether an affidavit or declaration made on personal knowledge must be filed. June 20, 2024 To be determined.

2023 Rulemaking

WSR 23-23-010

On September 12, 2023, the Board of Industrial Insurance Appeals (BIIA) proposed rule amendments to WAC 263-12 Practice and Procedure. On October 26, 2023, the BIIA held a rulemaking hearing during which no oral comments were offered. The Board members received and carefully considered one written comment filed prior to the rulemaking hearing. The BIIA adopted the proposed rules and rule amendments with one stylistic change on October 31, 2023. The rules are effective 31 days later, on December 1, 2022.

Reason for Adoption
To revise the Board's rules of practice and procedure by amending 263-12-01501, 115(10), 117(2), 118, 059 and 015(4).

Board Meetings
WAC 263-12-015(4) amended to reflect the fact that BIIA meets every Tuesday at 9 a.m.

Electronic Service
WAC 263-12-01501 amended to conform to BIIA hearing ground rules (requires parties who file documents in which they represent that service was accomplished electronically to certify that they have an electronic service agreement with the opposing party). Note: No requirement to file an electronic service agreement with BIIA.

Format of Hearings
WAC 263-12-115(10) amended to make it easier to conduct video and phone hearings. Removes in-person hearings as the default. Changed to reflect the reality that the vast majority of BIIA hearings now occur either by videoconference or telephone. The original format rule came from a time when there were no video hearings, and made it a burden for any individual to appear by phone. Experience during the COVID-19 pandemic's remote work period proved that effective due process can occur in BIIA administrative hearings when conducted remotely. Most participants prefer the convenience of remote hearings except when there is a reason to appear in person.

In terms of resources and quality of life, remote hearings promote the following:

  • Saves costly time and fuel in traveling to BIIA proceedings;
  • Allows participants, including BIIA judges and staff to participate from their offices or even their homes. This allows them to be more efficient, which can lead to increases of quality of life and work improvements;
  • Once leases expire, it will potentially save BIIA resources if less facility costs are incurred;
  • Reduce the likelihood of transmission of illness when participants are required to be in one conference room; and
  • Reduce automobile travel and environmental impacts caused by such travel.

Format of Perpetuation Depositions
WAC 263-12-117(2) amended to make it easier for parties to hold video and phone perpetuation depositions. Removes in-person perpetuation depositions as the default. Changed to reflect the reality that the majority of perpetuation depositions now occur either by videoconference or telephone. This change is required for the same reasons as stated above for the format of hearings (WAC 263-12-115(10)).

Renumbering/housekeeping items

  • WAC 263-12-118(2)(d) amended to reflect a statutory numbering change.
  • WAC 263-12-059(4) amended to reflect a statutory numbering change.