Title 491 WAC — Volunteer Firefighters and Reserve Officers, State Board for

Chapter 491-02 Actuarial tables.

Wash. Admin. Code § 491-02-095 Actuarial tables, schedules, and factors.

This chapter contains the tables, schedules, and factors adopted by the board for volunteer firefighters and reserve officers pursuant to the authority granted by RCW 41.24.185 for calculating optional retirement allowances of members of retirement systems administered by the board. These tables, schedules, and factors were adopted by the board upon the recommendation of and in light of the findings of the state actuary in his regular actuarial investigation into the mortality, service, compensation, and other experience of the members and beneficiaries of such retirement systems. The tables, schedules, and factors contained in this chapter shall govern the retirement allowances only of members retiring during the period from January 1, 2017, until such time as these tables, schedules, and factors are amended by the board following the next actuarial investigation conducted by the state actuary. The retirement allowances of members retiring before January 1, 2017, shall continue to be governed by the tables, schedules, and factors in effect at the time of each member's retirement. Any new tables, schedules, and factors adopted by the board in the future shall govern retirement allowances only of members retiring after the adoption of such new tables, schedules, and factors.

Board for Volunteer Firefighters and

Reserve Officers

Table #1

Joint/Survivor Pension

Option 2 (Joint and 100% Survivor Pension with Pop-up)

(WAC 415-02-380)

Table #2

Survivor Pension

Early Retirement Factors

(WAC 415-02-320)

Table #3

Lump-Sum Settlements

History

• Statutory Authority: RCW 41.24.290(2). WSR 16-22-052, § 491-02-095, filed 10/29/16, effective 1/1/17
• WSR 09-24-026, § 491-02-095, filed 11/23/09, effective 12/24/09
• WSR 03-22-024, § 491-02-095, filed 10/27/03, effective 1/1/04
• WSR 99-21-052, § 491-02-095, filed 10/18/99, effective 1/1/00
• WSR 90-24-033, § 491-02-095, filed 11/30/90, effective 12/31/90.

Chapter 491-03 Membership and participation requirements.

Wash. Admin. Code § 491-03-010 Purpose.

This chapter sets forth the qualifications necessary to be a participant/member in the volunteer firefighters' and reserve officers' relief and pension principal fund.

History

• Statutory Authority: RCW 41.24.290. WSR 09-06-060, § 491-03-010, filed 2/27/09, effective 7/1/09.

Wash. Admin. Code § 491-03-020 What duties within a municipality qualify me for participation/membership in the board for volunteer firefighters' and reserve officers' relief and pension principal fund?

If you are a member of a municipality as a volunteer firefighter or reserve officer who does not qualify for PERS or LEOFF (for their volunteer duties only), and if:

(1) Reserve officers:

(a) You are a reserve officer only if you are certified by the Washington state criminal justice training commission under chapter 43.101 RCW, and a commissioned member of a municipality as a:

(i) Reserve city police officer;

(ii) Reserve town or deputy marshal;

(iii) Reserve deputy sheriff.

(b) You are not a reserve officer if you volunteer in either:

(i) A position that is clerical or secretarial in nature;

(ii) You are not commissioned;

(iii) A corrections officer position.

(2) Firefighter:

(a) You are a firefighter only if you have the legal authority and responsibility to direct or perform fire protection activities that are required for and directly concerned with preventing, controlling, and extinguishing fires, or your primary duty is to serve as an emergency worker (see subsection (3) of this section).

"Fire protection activities" may include incidental functions such as housekeeping, equipment maintenance, grounds maintenance, fire safety inspections, lecturing, performing community fire drills and inspecting homes, businesses, and schools for fire hazards. These activities qualify as fire protection activities only if the primary duty of your position is preventing, controlling, and extinguishing fires.

(b) You are not a firefighter if you volunteer in:

(i) A position that is clerical or secretarial in nature;

(ii) A position where your primary duty is not preventing, controlling, and extinguishing fires;

(iii) A position that pays a wage which qualifies you for participation in either PERS or LEOFF;

(iv) A position that is only supervisory in nature and the primary duty is not preventing, controlling, and extinguishing fires.

(3) Emergency worker:

(a) You are an emergency worker only if you have the legal authority and responsibility to perform all aspects of medical assessment, treatment, and care for patients as outlined in state and county protocols for paramedics, emergency medical technicians, and first responders.

"Emergency activities" may include incidental functions such as housekeeping, equipment maintenance, grounds maintenance, home safety inspections, lecturing, and driving emergency vehicles. These activities qualify as emergency activities only if the primary duty of your position is to perform all aspects of medical assessment, treatment, and care for patients.

(b) You are not an emergency worker if you volunteer in:

(i) A position that is clerical or secretarial in nature;

(ii) A position where your primary duty is not to perform all aspects of medical assessment, treatment, and care for patients;

(iii) A position that pays a wage that qualifies you for participation in either PERS or LEOFF;

(iv) A position that is only supervisory in nature and the primary duty is not to perform all aspects of medical assessment, treatment, and care for patients.

History

• Statutory Authority: RCW 41.24.290. WSR 09-06-060, § 491-03-020, filed 2/27/09, effective 7/1/09.

Wash. Admin. Code § 491-03-030 What level of activities do I have to participate in to be eligible for participation/membership in the volunteer firefighters' and reserve officers' pension?

All departments are required to develop volunteer participation requirements that meet or exceed the participation requirements as set by the state board. If a department does not develop their own requirements, the board requirements will be in effect.

(1) The board requires that all volunteers:

(a) Attend a minimum of ten percent, or twenty hours, of all drills and/or training annually, whichever is less.

(b) Respond to a minimum of ten percent of all calls at the member's assigned station or twenty-four calls annually, whichever is less; or ninety-six hours of standby time annually.

For the purposes of this section, standby time means time that the volunteer is assigned to be near at hand and ready to respond to emergency calls immediately. A volunteer who merely carries a cellular telephone, pager, or similar device is not considered to be in standby status.

(c) Meet the requirements to be a qualified member under WAC 491-03-020.

(d) Be certified as having met the standards by the local board chair and by the fire chief, police chief, or sheriff annually on the board for volunteer firefighters and reserve officers provided forms.

(2) An exemption of up to twelve weeks in a twelve-month period may be granted for:

(a) A participant's serious health condition;

(b) A participant to care for a parent, spouse, or minor/dependent child who has a serious health condition;

(c) The birth of and to provide care to a participant's newborn, adopted, or foster child as provided in WAC 357-31-460.

For the purposes of this section, "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment or recovery in connection with such inpatient care; or that involves continuing treatment by or under the supervision of a health care provider or a provider of health care services and which includes any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities).

(3) An exemption of up to twenty-six weeks in a twelve-month period may be granted for: A participant who is the spouse, son, daughter, parent, or next of kin of a covered service member who is suffering from a serious health condition incurred in the line of duty. The leave described in this subsection shall only be available during a single twelve-month period.

For the purposes of this section, "covered service member" is a member of the armed forces, including the National Guard or reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on a temporary disability retired list for a serious health condition.

(4) An exemption of up to one year may be granted for injuries covered under chapter 41.24 RCW; or up to one year for reserve officers injured in the line of duty and covered under Title 51 RCW.

(5) Departments granting exemptions shall submit written documentation on the board for volunteer firefighters and reserve officers provided forms for state board review.

(6) Members joining service after January 1st, or separating from service before December 31st, will have their requirements prorated for the calendar year.

History

• Statutory Authority: RCW 41.24.290. WSR 09-06-060, § 491-03-030, filed 2/27/09, effective 7/1/09.

Chapter 491-04 Filing appeals.

Wash. Admin. Code § 491-04-010 Purpose.

This chapter sets forth the steps that are necessary to file an appeal of a local board or state board staff decision.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-010, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-020 Who is allowed to file a request for an appeal of a decision?

You are allowed to file a request for an appeal if you are;

(1) The benefit recipient directly affected by the decision; or

(2) Legal counsel for the benefit recipient directly affected by the decision.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-020, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-030 What is the time limitation for filing a request for an appeal?

All requests must be filed with the state board within ninety (90) calendar days of the decision mailing date.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-030, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-040 Am I required to have a legal counsel?

An attorney may represent you, but one is not required. The appeals process can be complicated and is conducted more like a court trial, so this should be considered when deciding to represent yourself.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-040, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-050 Where are requests for an appeal filed?

All requests must be made in writing with the state board at its office in Olympia, Washington.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-050, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-060 What methods of filing are acceptable?

Unless otherwise provided by statute or these rules, any written communication may be filed with the board personally, by mail, by facsimile, or by email before or on the date such filing is due. Any notices of appeal that fail to comply with the board's filing requirements may be rejected by the board. The board must notify the filing party of the rejection.

(1) Filing personally. To file written communication personally, the documents must be delivered to an employee of the board at the board's office in Olympia, Washington during regular office hours.

(2) Filing by mail. To file written communication by mail, the documentation must be deposited in the United States Mail, properly addressed to the board's offices in Olympia, Washington, and with all postage prepaid. Where a statute or rule imposes a time limitation for filing the written communication, the party filing the same should include a certification demonstrating the date filing was perfected as provided under this subsection. Unless evidence is presented to the contrary, the date of the United States postal service postmark shall be presumed to be the date the written communication was mailed to the board.

(3) Filing by telephone facsimile.

(a) Filing written communication by facsimile is acceptable when a legible copy of the written communication is reproduced on the board's telephone facsimile equipment. All facsimile communications must be filed with the board at its offices in Olympia, Washington.

(b) The hours of operation of the board's telephone facsimile equipment are the same as the regular office hours. If a transmission of a written communication commences after these hours of operation, the written communication shall be deemed filed on the next business day.

(c) Any written communication filed with the board by telephone facsimile should be preceded by a cover page identifying the party making the transmission, listing the address, telephone and telephone facsimile number of such party, referencing the appeal to which the written communication relates, and indicating the date of, and the total number of pages included in such transmission.

(d) No written communication sent to the board via facsimile shall exceed fifteen pages in length, exclusive of the cover page required by this rule.

(e) The party attempting to file written communication by telephone facsimile bears the risk that the written communication will not be legibly printed on the board's telephone facsimile equipment due to error in the operation or failure of the equipment being utilized by either the party or the board.

(f) The original of any papers filed by facsimile must also be mailed to the board within twenty-four (24) hours of the time the fax was sent.

(4) Electronic filing. A request for an appeal may be filed electronically. An electronic request is filed when it is received by the executive secretary during the board's regular office hours. Otherwise, the request is considered filed at the beginning of the next business day. The board shall issue confirmation to the filing party that an electronic notice of appeal has been received.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-060, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-070 What should my request for an appeal include?

Your appeal must include:

(1) In the case of illness or injury claims, the date and nature of the claim, and the place it occurred;

(2) A statement of what you want the board to do (relief requested) after considering the appeal;

(3) An explanation of why your request has merit;

(4) All facts relating to the request;

(5) The name and address of your attorney, if applicable; and

(6) Your name, address, phone number, facsimile number (if applicable), email address, and signature.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-070, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-080 How much information should I provide in my request for an appeal?

You bear the burden of convincing the board that you are entitled to the relief requested. You must provide sufficient information to outweigh the information that the staff or local board used in making the decision that is being reviewed.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-080, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-090 Who pays for the cost of obtaining additional medical data if my case relates to an injury or illness?

If your appeal regards an injury or illness and you need to provide additional medical data to support your request, you must pay any cost involved and it will not be reimbursable by the agency.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-090, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-100 What will the agency do after receiving my request for an appeal?

(1) Within thirty (30) days from the date that your request is received by the board, staff will review the request and determine if your request is accepted or rejected. If rejected, the staff must notify you of the rejection and why it was rejected.

(2) The executive secretary, or his or her designee, will have thirty (30) days from the date of receipt to review the request and request additional documentation and/or medical exams to help resolve the dispute prior to an administrative hearing.

(a) If the staff requests additional medical exams, the agency shall pay for the cost of the examinations and any mileage to and from such examination appointments.

(b) If the executive secretary, or his or her designee, is able to resolve the dispute, the request for an appeal will be closed.

(c) If the executive secretary, or his or her designee, is unable to resolve the dispute, a notice of hearing will be issued.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-100, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-110 What are the requirements for a notice of hearing?

(1) All parties shall be served with a notice of hearing not less than thirty (30) days before the date set for the hearing.

(2) The notice shall include the date of the hearing, the time of the hearing, and the place the hearing will be held.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-110, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-120 Can cases be consolidated?

If there are multiple adjudicative proceedings involving common issues or parties, upon motion of any party or upon his or her own motion, these cases can be combined at the discretion of the board chair.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-120, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-130 What methods of serving papers is acceptable?

(1) All notices, pleadings, and other papers filed with the board shall be served upon all counsel and representatives of record and upon unrepresented parties or upon their agents designated by them or by law.

(2) Service shall be made personally or, unless otherwise provided by law, by email; by first-class, registered, or certified mail; by facsimile and same-day mailing of copies; or by commercial parcel delivery company.

(3) Service by mail shall be regarded as completed upon deposit in the United States mail properly stamped and addressed. Service by facsimile shall be regarded as completed upon production by the facsimile machine upon confirmation of transmission. Service by commercial parcel delivery shall be regarded as completed upon delivery to the parcel delivery company, properly addressed with charges prepaid.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-130, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-140 What is adequate proof of service?

Where proof of service is required by statute or rule, filing the papers with the board, together with one of the following, shall constitute proof of service:

(1) an acknowledgement of service

(2) A certificate that the person signing the certificate served the papers upon all parties of record in the proceeding by delivering a copy thereof in person to (names).

(3) A certificate that the person signing the certificate served the papers upon all parties of the proceeding by:

(a) Mailing a copy thereof, properly addressed with the postage prepaid, to each party to the proceeding or his or her attorney or authorized agent; or

(b) Transmitting a copy thereof by fax, and on the same day mailing a copy, to each party to the proceeding or his or her attorney or authorized agent; or

(c) Depositing a copy thereof, properly addressed with charges prepaid, with a commercial parcel delivery company.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-140, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-150 Can I bring someone with me to the hearing?

You can bring an attorney to represent you, or a family member, friend, or anyone else to help you, provided however, that in all hearings involving the taking of testimony and the formulation of a record subject to review by the courts, where the board or the secretary thereof determines that representation in such hearing requires a high degree of legal training, experience, and skill, the board or the secretary thereof may limit those who may appear in a representative capacity to attorneys-at-law.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-150, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-160 Can witnesses be subpoenaed?

The board may compel the taking of testimony from witnesses under oath before the state board, or the secretary thereof, or the local board of trustees or any member thereof, for the purpose of obtaining evidence, at any time.

(1) The board shall have the same power of subpoena as prescribed in RCW 51.52.100.

(2) Every subpoena shall identify the party causing issuance of the subpoena and shall state the name of the board and the title of the proceeding and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under his or her control.

(3) A subpoena may be served by any suitable person over eighteen (18) years of age, by exhibiting and reading it to the witness, or by giving him or her a copy thereof, or by leaving such copy at the place of his or her abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury.

(4) The board chair may, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may

(a) Quash or modify the subpoena if it is unreasonable and oppressive, or

(b) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(5) Failure of any claimant to appear and give any testimony shall suspend any rights or eligibility to receive payments for the period of such failure to appear and testify.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-160, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-170 Can I submit medical reports instead of having to pay a doctor to testify?

You must present the testimony of your witness. Witnesses may appear telephonically (see WAC 491-04-220). Reports or letters are considered hearsay. Hearsay statements are not usually admissible because the opposing party cannot cross-examine the person making the statement to test the statement's accuracy.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-170, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-190 What are the timing requirements for the filing of prehearing briefs and supporting evidence?

You must file your prehearing brief, along with any evidence that you believe supports your position in accordance with the filing requirements set forth in WAC 491-04-060.

(1) A prehearing brief should be a summary of the points that you want to make regarding your case. Specific exhibits should be referenced to make it easier for the board to follow your case.

(2) Include all evidence you want the board to consider. This could include, but is not limited to, medical reports or accident reports for injury claims, or training records or response records for service credit claims.

(3) Your prehearing brief and all evidence must be filed to the board and all parties to the action, no less than fourteen days prior to the scheduled hearing date.

(4) All parties may, upon review of all evidence, file a response to a party's prehearing brief to the board and all parties involved no later than seven days prior to the scheduled hearing date.

History

• Statutory Authority: RCW 41.24.290(2). WSR 16-22-051, § 491-04-190, filed 10/29/16, effective 11/29/16
• WSR 13-21-050, § 491-04-190, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-200 How is evidence presented?

All rulings upon objections to the admissibility of evidence shall be made in accordance with the provisions of RCW 34.05.452

(1) Documentary evidence not submitted in advance as required in WAC 491-04-190 shall not be allowed into evidence unless there is a clear showing that the offering party had good cause for his or her failure to produce the evidence sooner.

(2) Any objections to evidence must be filed in writing prior to the hearing or the evidence will be deemed as admitted, unless such evidence is properly first presented at hearing under subsection (1) hereof. The board chair may permit a party to object to evidence at a later time upon a clear showing of good cause for failure to have filed such written objection.

(3) When only portions of a document are to be relied upon, the offering party shall identify the pertinent excerpts and state the purpose for which such materials will be offered. Only the excerpts, in the form of copies, shall be received in the record. However, the whole of the original documents, except any portions containing confidential material protected by law, shall be made available for examination and for use by all parties.

(4) No former employee of the board shall appear, except with the permission of the board, as an expert witness on behalf of other parties in a proceeding in which he or she previously took an active part in the investigation as a representative of the board.

(5) The refusal of a witness to answer any question which has been ruled to be proper shall, in the discretion of the board chair, be grounds for striking all testimony previously given by such witness on related matter.

(6) Any party bound by a stipulation or admission of record may, at any time prior to closure of the hearing, be permitted to withdraw the same in whole or in part by showing to the satisfaction of the presiding office that such stipulation or admission was made inadvertently or under a bona fide mistake of fact contrary to the true fact and that its withdrawal at the time proposed will not unjustly prejudice the right of other parties to the proceeding.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-200, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-210 How does the board handle testimony under oath?

(1) Every person called as a witness in a hearing shall swear or affirm that the testimony he or she is about to give in the hearing shall be the truth according to the provisions of RCW 5.28.020 through 5.28.060. If the witness is testifying from outside the jurisdiction, the board chair may require the witness to agree to be bound by the laws of the state of Washington for the purposes of the oath.

(2) Phone numbers for any person testifying by phone must be provided to the executive secretary no less than five (5) days before a scheduled hearing or deposition.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-210, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-220 Can witnesses appear by phone?

The board chair may conduct all or part of the hearing by telephone, television, or other electronic means, if the rights of the parties will not be prejudiced and if each participant in the hearing has an opportunity to participate in, to hear, and, if technically and economically feasible, in the judgment of the board chair, to see the entire proceeding while it is taking place. However, the board chair shall grant the motion of any party showing good cause for having the hearing conducted in person at a rescheduled time.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-220, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-230 Will the hearing be recorded?

All hearings shall be recorded through the use of a court reporter that will be retained and paid for by the state board in accordance with RCW 41.24.035.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-230, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-240 What is the role of the state board in an appeal?

(1) The board chair, or his or her designee, shall have the authority to:

(a) Determine the order of presentation of evidence;

(b) Administer oaths and affirmations;

(c) Issue subpoenas pursuant to RCW 51.52.100;

(d) Rule on procedural matters, objections, and motions;

(e) Rule on motions for summary judgment;

(f) Rule on offers of proof and receive relevant evidence;

(g) Determine the total time allowed for both parties to present oral testimony and oral argument during hearing before the board;

(h) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing; and

(i) Permit or require oral argument or briefs and determine the time limits for submission.

(2) All board members shall have the authority to:

(a) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter; and

(b) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties.

History

• Statutory Authority: RCW 41.24.290(2). WSR 16-22-051, § 491-04-240, filed 10/29/16, effective 11/29/16
• WSR 13-21-050, § 491-04-240, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-250 Do I have to file any paperwork after the hearing?

After the hearing, all parties may file a post-hearing brief. A post-hearing brief restates your position, what you believe the board's decision should be, and what evidence presented supports that decision.

(1) Post-hearing briefs shall be served to the board and all involved parties no later than thirty (30) days after the hearing.

(2) If any party wants to prepare a response to the post-hearing briefs, he/she may serve such a response to the board and all involved parties within thirty days (30) of the post-hearing brief due date. Responses are not required.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-250, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-260 After the hearing, how long will it be before a decision is made and issued?

It takes a court reporter approximately four weeks to transcribe a deposition or hearing. It is the board's goal to issue decisions as soon as possible after all transcripts are received. This generally takes between sixty (60) and ninety (90) days. At times, due to the complexity of the appeal, it may take longer.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-260, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-270 How am I informed of the final decision?

Every decision and order, whether initial or final, shall be written, signed by all members present, be provided to all parties, and shall:

(1) Be correctly captioned as to the name of the agency and name of the proceeding;

(2) Designate all parties and representatives participating in the proceeding;

(3) Contain appropriate numbered findings of fact;

(4) Contain appropriate numbered conclusions of law, including citations of statutes and rules relied upon;

(5) Contain an initial or final order disposing of all contested issues; and

(6) Contain a statement describing the available post-hearing remedies.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-270, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-280 What happens once the decision is issued?

(1) Petition for review and replies:

(a) Any party to a hearing may file a petition for the board's reconsideration of its order.

(b) The petition for reconsideration shall be filed with the agency's executive secretary within thirty (30) days of the date of service of the order unless a different place and time limit for filing the petition are specified in the order in its statement describing available procedures for administrative relief. Copies of the petition shall be served upon all other parties or their representatives at the time the petition is filed.

(c) The petition for review shall specify the portions of the order to which exception is taken and shall refer to the evidence of record which is relied upon to support the petition.

(d) Any party may file a reply to a petition for reconsideration. The reply shall be filed with the office where the petition for review was filed within thirty (30) days of the date of service of the petition and copies of the reply shall be served upon all other parties or their representatives at the time the reply is filed.

(2) A petition for reconsideration of an order shall be filed with the board.

(3) Official transcript:

(a) Copies of official transcripts will not be made available by the board. A party may request a copy of the official transcript but shall bear the cost of such transcript.

(b) Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing. If the parties agree and the board chair approves, transcript corrections may be incorporated into the record at any time during the hearing or after the close of evidence. All corrections must be made within ten (10) calendar days after receipt of the transcript unless the board chair allows a different period.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-280, filed 10/11/13, effective 11/11/13.

Wash. Admin. Code § 491-04-290 Are the parties allowed to reach a settlement?

Settlements may be worked out with the agreement of both parties. The following procedures are available for dispute resolution that may make more elaborate proceedings unnecessary:

(1)(a) The state encourages all agencies and persons to explore early resolution to disputes whenever possible. Any person whose interest in a matter before the board may be resolved by settlement shall communicate his or her request or complaint to the agency, setting forth all pertinent facts and particulars and the desired remedy. If the board or staff requires additional information to resolve the matter, it shall promptly provide to the person who is seeking relief an opportunity to supply such information. Settlement negotiations shall be without prejudice to rights of a participant in the negotiations. Provided, however, that any time limit applicable to filing an application for a hearing shall not be extended because settlement attempts are pending.

(b) In the event an early resolution is reached, the agency is responsible for providing a written description of the resolution to the person(s) involved.

(2)(a) If settlement of an adjudicative proceeding may be accomplished by negotiation with the agency or other parties involved, negotiations shall be commenced at the earliest possible stage of the proceeding.

Settlement shall be concluded by:

(i) Stipulation of parties;

(ii) Withdrawal by the applicant of his or her application for a hearing; or

(iii) Withdrawal of any local board, state board, or staff action which is the subject matter of the hearing.

(b) A stipulation shall be in writing and signed by each party to the stipulation or his or her representative or shall be recited on the record at the hearing. When an adjudicative proceeding has been settled by stipulation, the agency head, the agency head's designee, or the board chair shall enter an order in conformity with the terms of the stipulation.

(c) When a hearing has been wholly or partially settled by withdrawal, the board chair, or his or her designee, shall enter an order dismissing the hearing or an order dismissing the affected party's interest in the proceeding if other parties have not withdrawn.

History

• Statutory Authority: RCW 41.24.290(2). WSR 13-21-050, § 491-04-290, filed 10/11/13, effective 11/11/13.

Chapter 491-05 Billing procedures.

Wash. Admin. Code § 491-05-010 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Claimant" means any person, firm, corporation, partnership, association, agency, institution, or other legal entity seeking reimbursement or payment for services related to the treatment of an injured participant.

"Doctor" or "doctor" means a person licensed to independently practice one or more of the following professions: Medicine and surgery; osteopathic medicine and surgery; chiropractic; naturopathic physician; podiatry; dentistry; optometry.

"Municipality" includes any county, city, town or combination thereof, fire protection district, local law enforcement agency, or any emergency medical service district or other special district, authorized by law to protect life or property within its boundaries through a fire department, emergency workers, or reserve officers.

"Firefighter" or "firefighter" means any reserve officer (as defined in RCW 41.24.010), emergency worker (as defined in RCW 41.24.010), or firefighter who is a member of any fire department of any municipality but shall not include firefighters who are eligible for participation in the Washington law enforcement officers' and firefighters' retirement system or the Washington public employees' retirement system, with respect to periods of service rendered in such capacity.

"Emergency worker" means any emergency medical service personnel, regulated by chapters 18.71 and 18.73 RCW, who is a member of an emergency medical service district but shall not include emergency medical service personnel who are eligible for participation in the Washington public employee's retirement system, with respect to periods of service rendered in such capacity.

"Reserve officer" means the same as defined by the Washington state criminal justice training commission under chapter 43.101 RCW, but shall not include enforcement officers who are eligible for participation in the Washington law enforcement officers' and firefighters retirement system or the Washington public employee's retirement system, with respect to periods of service rendered in such capacity.

"Local board" means: (a) For matters affecting firefighters, a firefighter board of trustees created under RCW 41.24.060; (b) for matters affecting an emergency worker, an emergency medical service district board of trustees created under RCW 41.24.330; or (c) for matters affecting reserve officers, a reserve officer board of trustees created under RCW 41.24.460.

"Pain management policy" means that certain policy #2012-001, approved by the state board and effective as of April 20, 2012.

"Participant" means: Any firefighter, reserve officer, or emergency worker who is or may become eligible for relief under RCW 41.24, or whose beneficiary may be eligible to receive any such benefit.

"Practitioner" means any person defined as a "doctor" under these rules, or licensed to practice one or more of the following professions: Audiology; physical therapy; occupational therapy; pharmacy; prosthetics; orthotics; psychology; nursing; advanced registered nurse practitioners; certified medical physician assistants or osteopathic physician assistants; and massage therapy.

"Provider" means any person, firm, corporation, partnership, association, agency, institution, or other legal entity providing any kind of services related to the treatment of an industrially injured worker. It includes, but is not limited to, hospitals, medical doctors, dentists, chiropractors, vocational rehabilitation counselors, osteopathic physicians, pharmacists, podiatrists, physical therapists, occupational therapists, massage therapists, psychologists, naturopathic physicians, and durable medical equipment dealers.

"State board" means the state board for volunteer firefighters and reserve officers.

History

• Statutory Authority: RCW 41.24.290. WSR 15-01-063, § 491-05-010, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 491-05-020 Purpose.

This chapter sets forth the procedures necessary for providers and claimants to receive payment for services and materials provided to participants.

History

• Statutory Authority: RCW 41.24.290. WSR 15-01-063, § 491-05-020, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 491-05-030 What is required for payment of medical services and materials?

All medical services must be provided in accordance with the Washington state department of labor and industry's medical aid rules, fee schedules, and these rules and any state board policy, including but not limited to the pain management policy. The state board and/or local boards may reject bills for services rendered in violation of these rules or policies. Participants may not be billed for services rendered in violation of these rules.

(1) Practitioners must use the current national standard Health Insurance Claim Form (as defined by the National Uniform Claim Committee). Hospitals must use the current National Uniform Billing form (as defined by the National Uniform Billing Committee) for institution services and the current national standard Health Insurance Claim Form (as defined by the national Uniform Claim Committee). All other providers must contact the state board for guidance on proper billing.

(2) Prior to submission to the state board, all bills must first be submitted to the local board of the participant's municipality for processing.

(3) All providers seeking payment must complete the most recent versions of the following forms, and be assigned a statewide vendor number by the office of financial management:

(a) Statewide payee registration Washington state; and

(b) Request for Taxpayer Identification Number and Certification (I-9).

(4) Bills must specify the date and type of service, the appropriate procedure code, the condition treated, and the charges for each service.

(5) Bills submitted to the local board must be completed to include the following:

(a) Participant's name and address;

(b) Participant's date of birth;

(c) Date of injury;

(d) Name of participant's department;

(e) Referring doctor's name;

(f) Area of body treated, including ICD-9-CM code(s), identification of right or left, as appropriate;

(g) Date(s) of service;

(h) Place of service;

(i) Type of service;

(j) Appropriate procedure code, hospital revenue code, or national drug code;

(k) Description of service;

(l) Charge;

(m) Units of service;

(n) Tooth number(s);

(o) Total bill charge;

(p) The name and address of the practitioner rendering the services;

(q) Tax ID number of the practitioner or provider wishing payment;

(r) Date of billing; and

(s) Submission of supporting documentation required under subsection (7) of this section.

(6) Responsibility for the completeness and accuracy of the description of services and charges billed rests solely with the practitioner rendering the service, regardless of who actually completes the bill form.

(7) Bills must be received by the state board within two years of the date of service to be considered for payment. As such, providers are urged to bill on a monthly basis.

(8) The following supporting documentation is required when billing for services, as applicable:

(a) Laboratory and pathology reports:

(b) X-ray findings;

(c) Operative reports;

(d) Office/chart notes;

(e) Consultation reports;

(f) Special diagnostic study reports;

(g) Special or closing exam reports; and

(h) All other reports as required by the labor and industry's medical aid rules, fee schedules, and state board policy.

(9) The following considerations apply to rebills:

(a) Providers that do not receive payment or notification from the state board or a local board within one hundred twenty days, services may be rebilled.

(b) Rebills must be submitted for services denied if a claim is rejected and subsequently allowed. In this instance, the rebills must be received within one year of the date of the state board's decision to allow the claim.

(c) Rebills should be identical to the original bill: Same charges, codes, and billing date.

(d) In cases where a provider rebills, the notation "REBILL" must be on the bill.

(e) For providers that submit a rebill due to a coding error, the rebill must contain the corrected coding, and be accompanied by documentation stating that it is a rebill, the date of service, and the original codes it was billed under.

History

• Statutory Authority: RCW 41.24.290. WSR 15-01-063, § 491-05-030, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 491-05-040 What is required for the payment of prescriptions?

To receive payment for prescriptions, all billing must be done in accordance with these rules and any state board's policy, including but not limited to the pain management policy for prescriptions. The state board or local boards may reject payment of prescriptions in violation of these rules or policies.

(1) Billing for opioids must be done in accordance with state board's pain management policy. A copy of the policy can be obtained through the state board. Opioids will only be covered in accordance with the policy.

(2) Bills directly from a pharmacy require the following information for payment:

(a) The name of the pharmacy;

(b) The participant's name;

(c) The participant's date of birth;

(d) Date of injury;

(e) Prescribing doctor's name;

(f) The name of the medication;

(g) The dosage of the medication;

(h) The frequency of the medication;

(i) The total amount of medication dispensed;

(j) The date the medication was dispensed; and

(k) The total amount due for the medication.

(3) If the participant is requesting reimbursement for a medication already filled, the following information is required for payment:

(a) The name of the pharmacy;

(b) The participant's name;

(c) The participant's date of birth;

(d) Date of injury;

(e) Prescribing doctor's name;

(f) The name of the medication;

(g) The dosage of the medication;

(h) The frequency of the medication;

(i) The total amount of medication dispensed;

(j) The date the medication was dispensed;

(k) The total amount due for the medication;

(l) Proof of payment for the medication; and

(m) Claimant's signature block completed in full on the invoice voucher.

(4) If a municipality is requesting reimbursement for a medication that it reimbursed a participant for, the following information is required for payment:

(a) The name of the pharmacy;

(b) The participant's name;

(c) The participant's date of birth;

(d) Date of injury;

(e) Prescribing doctor's name;

(f) The name of the medication;

(g) The dosage of the medication;

(h) The frequency of the medication;

(i) The total amount of medication dispensed;

(j) The date the medication was dispensed;

(k) The total amount due for the medication;

(l) Proof of payment by the participant for the medication and payment by the department to the participant for the medication; and

(m) Claimant's signature block completed in full on the invoice voucher.

(5) If a municipality is requesting reimbursement for a medication that it paid a pharmacy directly for, the following information is required for payment:

(a) The name of the pharmacy;

(b) The participant's name;

(c) The participant's date of birth;

(d) Date of injury;

(e) Prescribing doctor's name;

(f) The name of the medication;

(g) The dosage of the medication;

(h) The frequency of the medication;

(i) The total amount of medication dispensed;

(j) The date the medication was dispensed;

(k) The total amount due for the medication;

(l) Proof of by the department to the pharmacy for the medication; and

(m) Claimant's signature block completed in full on the invoice voucher.

History

• Statutory Authority: RCW 41.24.290. WSR 15-01-063, § 491-05-040, filed 12/11/14, effective 1/11/15.

Chapter 491-20 Public records.

Wash. Admin. Code § 491-20-010 Public records available.

All public records of the board for volunteer firemen, as defined in WAC 491-20-020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310, and WAC 491-20-100.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-010, filed 7/24/87
• Order II, § 491-20-010, filed 7/5/77.

Wash. Admin. Code § 491-20-020 Definitions.

(1) Public records. "Public record" includes any writing containing information relating to the conduct of governmental or the performance of any governmental or proprietary function prepared, owned, used, or retained by the board for volunteer firemen regardless of physical form or characteristics.

(2) Writing. "Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds; or symbols, or combination thereof, and all papers, magnetic or punched cards, discs, drums and other documents."

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-020, filed 7/24/87
• Order II, § 491-20-020, filed 7/5/77.

Wash. Admin. Code § 491-20-030 Public records officer.

The board for volunteer firemen's public records shall be in the charge of the board's public records officer. The public records officer shall be the secretary of the board for volunteer firemen. The public records officer shall be responsible for the following: The implementation of the board for volunteer firemen's rules and regulations regarding release of public records, coordinating the staff of the system in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-030, filed 7/24/87
• Order II, § 491-20-030, filed 7/5/77.

Wash. Admin. Code § 491-20-040 Requests for public records.

In accordance with requirements of chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, protect excessive interference with essential functions of the agency, public records may be inspected or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the board for volunteer firemen which shall be available at its administrative office. The form shall be presented to the public records officer; or to any member of the board's staff, if the public records officer is not available, at the administrative office of the board during customary office hours. The request shall include the following information:

(a) The name of the person requesting the records;

(b) The time of day and calendar date on which the request was made;

(c) The nature of the request;

(d) If the matter requested is referenced within a current index maintained by the records officer, a reference to the requested record as it is described in such current index;

(e) If the requested matter is not identifiable by reference to a current index of the board, an appropriate description of the record requested.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-040, filed 7/24/87
• Order II, § 491-20-040, filed 7/5/77.

Wash. Admin. Code § 491-20-050 Public records—Adoption of statutory fee schedule.

(1) Pursuant to RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017, the Washington board for volunteer firefighters and reserve officers declares for the following reasons that it would be unduly burdensome for it to calculate the actual cost it charges for providing copies of public records: Funds were not allocated to conduct a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(2) The Washington state board for volunteer firefighters and reserve officers may charge fees for producing copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.

History

• Statutory Authority: RCW 42.56.120, as amended by 2017 c 304, 42.56.100, and 42.56.040 (1)(d). WSR 18-03-107, § 491-20-050, filed 1/18/18, effective 2/18/18
• Order II, § 491-20-050, filed 7/5/77.

Wash. Admin. Code § 491-20-060 Exemptions.

(1) The board for volunteer firemen reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 491-20-040 is exempt under the provisions of RCW 42.17.310.

(2) In addition, pursuant to RCW 42.17.260, the board for volunteer firemen reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-060, filed 7/24/87
• Order II, § 491-20-060, filed 7/5/77.

Wash. Admin. Code § 491-20-070 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the board. The board shall call a special meeting of the board as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision, within two business days following the original denial.

(3) Administrative remedies shall not be considered exhausted until the board has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-070, filed 7/24/87
• Order II, § 491-20-070, filed 7/5/77.

Wash. Admin. Code § 491-20-080 Records index.

(1) The board for volunteer firemen finds that it would be unduly burdensome and would interfere with agency operations to maintain an index of records because of the large number of cases, the resulting volume of correspondence, reports, surveys, and other materials, and the limited number of staff available to compile and maintain such an index.

(2) The board for volunteer firemen will make available for public disclosure all indices which may at a future time be developed for agency use.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-080, filed 7/24/87
• Order II, § 491-20-080, filed 7/5/77.

Wash. Admin. Code § 491-20-090 Request for records by mail—Address.

All communications with the board including but not limited to the submission of materials pertaining to its operations and/or the administration or enforcement of chapter 42.17 RCW and these rules; requests for copies of the board's decisions and other matters, shall be addressed as follows: Board for Volunteer Firemen, P.O. Box 114, Olympia, Washington 98507.

History

• Statutory Authority: RCW 42.17.260(3). WSR 87-16-013 (Order 89-1, Resolution No. 89-1), § 491-20-090, filed 7/24/87
• Order II, § 491-20-090, filed 7/5/77.

Wash. Admin. Code § 491-20-100 Adoption of form.

The board hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form attached hereto as Appendix A, entitled "Request for public record."

History

• Order II, § 491-20-100, filed 7/5/77.

Wash. Admin. Code § 491-20-990 Appendix A—Request for public records.

appendix a

request for public records

History

• Order II, Appendix A (codified as WAC 491-20-990), filed 7/5/77.