WAC 242-02-522   Presiding officer -- Powers and duties.  It shall be the duty of the presiding officer to conduct conferences or hearings as directed by a board in an impartial and orderly manner. The presiding officer shall have the authority, subject to the other provisions of the act or these rules to:

     (1) Inspect the petition for review to determine whether, on its face, compliance with the jurisdictional and standing requirements of the act is shown, and if compliance is not shown, to recommend an action or to refer the issue to the full board for resolution;

     (2) Take appropriate action with respect to the qualifications of the parties or the parties' attorney(s) or other authorized representative(s) to appear before a board;

     (3) Administer oaths and affirmations if witnesses are permitted to testify;

     (4) Issue subpoenas as provided in RCW 34.05.446;

     (5) Rule on all procedural matters, objections and motions unless a board determination is required;

     (6) Rule on all evidentiary matters including offers of proof;

     (7) When applicable, question witnesses called by the parties in an impartial manner as needed to develop any facts deemed necessary to fairly and adequately decide the issue;

     (8) Issue orders joining other parties, on motion of any party, when it appears that such other parties may have an interest in, or may be affected by the case;

     (9) Consolidate cases for hearing when such consolidation will expedite disposition and avoid duplication of testimony and when consolidation will not unduly prejudice the rights of any party;

     (10) Hold conferences for the settlement or amplification of the issues;

     (11) Regulate the course of the case;

     (12) Encourage the parties to stipulate to the admissibility of documents in advance of a hearing and to rule on issues concerning the content of the record;

     (13) Limit the length of a brief or impose format restrictions;

     (14) Sign and file certificates of agreement acknowledging receipt of timely, complete, executed agreements for direct review by superior court;

     (15) Rule on requests for settlement extensions;

     (16) Waive any requirement of these rules unless a party shows that it would be prejudiced by such a waiver; and

     (17) Take any other action necessary and authorized by these rules, the act, or the Administrative Procedure Act, chapter 34.05 RCW.



[Statutory Authority: RCW 36.70A.270(7). 00-09-094, § 242-02-522, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-02-522, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-522, filed 1/24/97, effective 3/1/97. Statutory Authority: RCW 36.70A.270(6). 94-07-033, § 242-02-522, filed 3/9/94, effective 4/9/94; 92-21-034, § 242-02-522, filed 10/15/92, effective 10/15/92.]