WAC 192-04-175
Advisement order. (1) The commissioner's
review office may prevent finality of any decision of the
office of administrative hearings and take jurisdiction of the
proceedings for review thereof by issuing an advisement order.
(2)(a) The commissioner may designate one or more
individuals employed by the department to request an
advisement order on decisions that the individual identifies
as:
(i) Cases of first impression;
(ii) Cases that may impact significant numbers of other
similarly situated cases;
(iii) Cases that involve United States Department of
Labor conformity or compliance issues; or
(iv) Cases in which the interpretation of the law is
clearly erroneous.
(b) Upon receipt of the request of the designated
individual, the commissioner's review office shall determine
if the request meets the criteria outlined in this subsection
and shall notify the requestor in writing if the decision will
not be taken under advisement and the reasons why.
(3) When the commissioner's review office determines
subject matter review of any decision of the office of
administrative hearings is warranted, it shall issue an
advisement order which accepts review and mail a copy of the
advisement order to the parties of record and their
representatives within the same period allowed for the filing
of a petition for review.
(4) The parties of record will be given fifteen days to
submit argument in support of or in opposition to the decision
of the office of administrative hearings. That argument from
the parties of record must be hand delivered or mailed to the
commissioner's review office and received by that office
within fifteen days from the date of mailing of the order
taking the decision of the office of administrative hearings
under advisement.
[Statutory Authority: RCW 50.12.010 and 50.12.040. 10-20-082, § 192-04-175, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.12.010, [50.12.]040 and RCW 34.05.310 et seq. 95-18-055, § 192-04-175, filed 8/31/95,
effective 10/1/95.]