Filing Appeals | Withdraw an Appeal | Motions | Subpoenas
Filing Appeals
References:
WAC 357-52-020 (Filing appeals).
WAC 357-52-225 (Filing papers with the Personnel Resources Board).
The Appeal Form is provided to assist employees who desire to file an appeals within the jurisdiction of the Personnel Resources Board.
The form requests the basic information required to determine if the Board has jurisdiction to accept the appeal. If additional information is required, the Appeals Supervisor will request by letter that such information be provided in writing to supplement the initial appeal form and supplemental documents filed.
Withdraw an Appeal
References:
An employee may withdraw his or her appeal at any time by notifying the Board in writing.
The Board will enter an Order of Dismissal after being notified of an Appellant's intent to withdraw his or her appeal.
An appeal may not be reinstated after it has been dismissed.
To withdraw an appeal, download a Motion and Order of Dismissal form, also referred to as a Withdrawal Form. Please provide the required appeal information and remember to sign and date the form. Mail the signed form to the Board office. If you choose to send the form by FAX, please also forward the original by mail. At this time, we cannot accept such documents by e-mail.
Call the Personnel Resources Board staff at (360) 407-4101 if you have any questions.
Motions
References:
WAC 357-52-120 When may a written motion be filed?
WAC 357-52-125 Must the board consider untimely motions?
WAC 357-52-130 What must be included with a motion?
WAC 357-52-135 How many copies of a motion must be submitted?
WAC 357-52-140 What may the board decide based on a motion?
Any party to an appeal may file motions to obtain orders addressing specific issues (e.g., to compel discovery or continuance of a hearing date). A party may also move for the Board to decide or dismiss an appeal as a matter of law if no genuine issue exists as to any material fact. Motions must be filed in compliance with the Board's rules of procedure.
Motions must be submitted in writing, except for verbal motions presented in conjunction with appeal hearings. Motions may be supported by memoranda, affidavits or other documents, and must be filed and served on the opposing party as stated in the rules.
Subpoenas
References:
WAC 357-52-240 Who may prepare, sign and issue a subpoena?
WAC 357-52-245 What must a subpoena include?
WAC 357-52-250 How must a subpoena be served?
Appellants who represent themselves before the Personnel Resources Board, or who have a non-attorney representative, may request the Board to issue subpoenas to require witnesses to appear and give testimony or produce records or other documents for a hearing.
Download a Subpoena Form to prepare for signature by a member of the Board or the designee.
Appellants are responsible for completing the form with the name and address of the person being subpoenaed; the date, time and location of the hearing; and delivering the completed forms to the Personnel Resources Board for signature.
Completed forms should be delivered to the Personnel Resources Board offices in Olympia at least 10 days prior to the hearing date. Ordinarily, a Board member or the Appeals Supervisor is available to sign subpoenas within one business day for pick-up or to be mailed back to the Appellant.
Personal service of the signed subpoena is the responsibility of the Appellant or his or her representative.
Service should be completed at least five days prior to the hearing.
A prospective witness may demand payment of a witness fee and mileage allowance (as established by local superior court rule) from the party compelling his or her attendance.
Refusal to obey a subpoena may be certified to superior court and the court may punish such refusal as it would contempt of court.
Please call the Personnel Resources Board staff if you have any questions regarding filing or withdrawing an appeal, scheduling a motion or requesting that a subpoena be issued for a witness to attend your hearing. (360) 407-4101.