for corrective action or withdrawal of certification.
(1) This section applies only to proceedings to
withdraw certification or for corrective action instituted by the
director in response to a petition filed with the department pursuant to
This section shall not apply to actions instituted by the director to
withdraw certification pursuant to RCW 51.14.080
nor to corrective action instituted by the director pursuant to RCW 51.14.095.
(2) When there is a petition for such action by any employee or
union or association having a substantial number of employees in the
employ of the self-insured, the director or the director's designee may,
in the director's or designee's sole discretion, hold a hearing to
determine whether or not there are grounds for action. In reviewing
such a petition, the director or the designee may require additional
information from a petitioner before deciding whether to hold a hearing
under this section.
(3) Any such hearing shall be conducted
in accordance with the department's rules governing administrative
hearings. The director will notify all parties at least twenty days
prior to the date of the hearing. The notice shall include the
(a) Nature of proceedings;
Legal authority for holding the hearing;
(c) Reference to
the section of statutes and rules involved;
description of matters asserted;
(e) The date, time, and
place of the hearing.
All parties will be allowed to
respond and present evidence and arguments on the issues involved.
Within thirty days of the hearing date, the department will
provide written notification of the proceedings, findings, and
conclusions to all hearing participants.
(4) If, following
the hearing, the decision is to withdraw certification or take
corrective action, such action shall comply with the provisions of RCW 51.14.090
[Statutory Authority: RCW 51.32.190
96-21-145, § 296-15-255, filed 10/23/96, effective 11/25/96.
Statutory Authority: RCW 51.04.020.
86-18-037 (Order 86-35), § 296-15-255, filed 8/28/86.]