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Formal Hearing

000.050 FORMAL HEARING POLICY

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for the use of this college. Those rules may be found in Chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules now or previously adopted by this college, the model rules prevail.

Adopted by the board of trustees: 4/11/01
Last reviewed: 9/24/19
Policy contact: Human Resources

Related policies or procedures
1000.050 Formal Hearing Procedure

 

1000.050 FORMAL HEARING PROCEDURE

A. FORMAL HEARING POLICY (000.050)

The model rules of procedure adopted by the chief administrative law judge pursuant to RCW 34.05.250 are adopted for use at this college. Those rules may be found in Chapter 10-08 WAC. Other procedural rules adopted in this title are supplementary to the model rules of procedure. In the case of a conflict between the model rules of procedure and procedural rules now or previously adopted by this college, the model rules prevail.

B. APPOINTMENT OF PRESIDING OFFICERS

The board or its designee shall designate a presiding officer for an adjudicative proceeding. The presiding officer shall be an administrative law judge, a member in good standing of the Washington State Bar Association, a panel of individuals, the president or designee, or any combination of the above. Where more than one individual is designated to be the presiding officer, the president or designee shall designate one person to make decisions concerning discovery, closure, means of recording adjudicative proceedings, and similar matters.

C. METHOD OF RECORDING

Proceedings shall be recorded by a method determined by the presiding officer, among those available under the model rules of procedure.

D. APPLICATION FOR ADJUDICATIVE PROCEEDING

An application for adjudicative proceeding shall be in writing. An application shall include the signature of the applicant, the nature of the matter for which an adjudicative proceeding is sought, and an explanation of the facts involved.

Application forms are available at the following address:

Wenatchee Valley College
1300 5th Street
Wenatchee, WA 98801

Written application for an adjudicative proceeding should be submitted to the above address within twenty calendar days of the agency action giving rise to the application, unless provided for otherwise by statute or rule.

E. BRIEF ADJUDICATIVE PROCEDURES

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are adopted by reference. Brief adjudicative procedures shall be used in all matters related to:

  1. Residency determinations.
  2. Challenges to contents of education records.
  3. Student conduct proceedings.
  4. Parking violations.
  5. Outstanding debts owed by students or employees.
  6. Loss of eligibility for participation in college-sponsored events.

F. DISCOVERY

Discovery in adjudicative proceedings may be permitted at the discretion of the presiding officer. In permitting discovery, the presiding officer shall refer to the civil rules of procedure. The presiding officer may control the frequency and nature of discovery permitted, and order discovery conferences to discuss discovery issues.

G. PROCEDURE FOR CLOSING PARTS OF THE HEARINGS

Any party may apply for a protective order to close part of a hearing. The party making the request shall state the reasons for making the application to the presiding officer. If the other party opposes the request, a written response to the request shall be made within ten working days of the request to the presiding officer. The presiding officer shall determine which, if any, parts of the proceeding shall be closed, and state the reasons in writing within twenty working days of receiving the request.

H. RECORDING DEVICES

No cameras or recording devices are allowed in those parts of proceedings that the presiding officer has determined shall be closed under Section G above except for the method of official recording selected by the college.

Originally approved by the president’s cabinet: 3/28/01
Renamed and approved by the president’s cabinet: 8/1/07
Presented to the board of trustees: 10/17/07
Last reviewed: 9/24/19
Procedure contact: Human Resources

Related policies or procedures
000.050 Formal Hearing Policy