WAC 192-40-040   Review of local decisions.  Any person adversely affected by a local decision or by the failure of the responsible entity to comply with its responsibilities to hold a hearing and issue a decision may request review of the decision or inaction, as the case may be, by filing a petition with the "assistant commissioner."

     (1) Any individual or organization may petition for review of a local level decision or lack thereof when:

     (a) Applicable JTPA procedures have been exhausted; and

     (b) A decision was not received within sixty days of the filing of the complaint, alleged adverse action, or grievance; or

     (c) The decision received was unsatisfactory to an interested party.

     (2) A petition for review will be regarded as filed on the date a written request is received by the assistant commissioner of the training and employment analysis division of the employment security department. Petitions must be filed within ten days after the date on which the local decision was mailed or within ten days from the date on which the complainant should have received the local decision. If the petition is mailed, it will be deemed filed with the addressee on the postmark date if it is properly addressed and has sufficient postage. The petition for review will be addressed to: Assistant Commissioner, Training and Employment Analysis Division, Employment Security Department, Mailstop KG-11, Olympia, Washington 98504.

     (3) Within five days of any request from the assistant commissioner the local authority will transmit all records pertaining to the matter under review to the assistant commissioner.



[Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, § 192-40-040, filed 11/30/89, effective 1/1/90; 86-08-073 (Order 1-86), § 192-40-040, filed 4/1/86.]