Unemployment comp. notices

AN ACT Relating to electronic notices and orders in certain 1
unemployment compensation cases; amending RCW 34.05.434 and 2
34.05.461; and providing an effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 34.05.434 and 2013 c 110 s 1 are each amended to 5
read as follows: 6
(1) The agency or the office of administrative hearings shall set 7
the time and place of the hearing and give not less than seven days 8
advance written notice to all parties and to all persons who have 9
filed written petitions to intervene in the matter.10
(2) The notice shall include: 11
(a) Unless otherwise ordered by the presiding officer, the names 12
and mailing addresses of all parties to whom notice is being given 13
and, if known, the names and addresses of their representatives;14
(b) If the agency intends to appear, the mailing address and 15
telephone number of the office designated to represent the agency in 16
the proceeding; 17
(c) The official file or other reference number and the name of 18
the proceeding; 19
(d) The name, official title, mailing address, and telephone 20
number of the presiding officer, if known; 21
Z-0510.1
HOUSE BILL 2563
State of Washington 69th Legislature 2026 Regular Session
By Representatives Mena, Berry, and Reed; by request of Office of
Administrative Hearings
Read first time 01/19/26. Referred to Committee on Labor & Workplace
Standards.
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(e) A statement of the time, place and nature of the proceeding;1
(f) A statement of the legal authority and jurisdiction under 2
which the hearing is to be held; 3
(g) A reference to the particular sections of the statutes and 4
rules involved; 5
(h) A short and plain statement of the matters asserted by the 6
agency; and 7
(i) A statement that a party who fails to attend or participate 8
in a hearing or other stage of an adjudicative proceeding may be held 9
in default in accordance with this chapter. 10
(3) If the agency is unable to state the matters required by 11
subsection (2)(h) of this section at the time the notice is served, 12
the initial notice may be limited to a statement of the issues 13
involved. If the proceeding is initiated by a person other than the 14
agency, the initial notice may be limited to the inclusion of a copy 15
of the initiating document. Thereafter, upon request, a more definite 16
and detailed statement shall be furnished. 17
(4) The notice may include any other matters considered desirable 18
by the agency. 19
(5) ((The)) In cases arising under Title 50 RCW, the notice may 20
be served electronically during a pilot period through June 30, 2029. 21
In all other cases, the notice may be served on a party via 22
electronic distribution, with ((a)) that party's agreement.23
Sec. 2. RCW 34.05.461 and 2013 c 110 s 2 are each amended to 24
read as follows: 25
(1) Except as provided in subsection (2) of this section:26
(a) If the presiding officer is the agency head or one or more 27
members of the agency head, the presiding officer may enter an 28
initial order if further review is available within the agency, or a 29
final order if further review is not available; 30
(b) If the presiding officer is a person designated by the agency 31
to make the final decision and enter the final order, the presiding 32
officer shall enter a final order; and 33
(c) If the presiding officer is one or more administrative law 34
judges, the presiding officer shall enter an initial order.35
(2) With respect to agencies exempt from chapter 34.12 RCW or an 36
institution of higher education, the presiding officer shall transmit 37
a full and complete record of the proceedings, including such 38
comments upon demeanor of witnesses as the presiding officer deems 39
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relevant, to each agency official who is to enter a final or initial 1
order after considering the record and evidence so transmitted.2
(3) Initial and final orders shall include a statement of 3
findings and conclusions, and the reasons and basis therefor, on all 4
the material issues of fact, law, or discretion presented on the 5
record, including the remedy or sanction and, if applicable, the 6
action taken on a petition for a stay of effectiveness. Any findings 7
based substantially on credibility of evidence or demeanor of 8
witnesses shall be so identified. Findings set forth in language that 9
is essentially a repetition or paraphrase of the relevant provision 10
of law shall be accompanied by a concise and explicit statement of 11
the underlying evidence of record to support the findings. The order 12
shall also include a statement of the available procedures and time 13
limits for seeking reconsideration or other administrative relief. An 14
initial order shall include a statement of any circumstances under 15
which the initial order, without further notice, may become a final 16
order. 17
(4) Findings of fact shall be based exclusively on the evidence 18
of record in the adjudicative proceeding and on matters officially 19
noticed in that proceeding. Findings shall be based on the kind of 20
evidence on which reasonably prudent persons are accustomed to rely 21
in the conduct of their affairs. Findings may be based on such 22
evidence even if it would be inadmissible in a civil trial. However, 23
the presiding officer shall not base a finding exclusively on such 24
inadmissible evidence unless the presiding officer determines that 25
doing so would not unduly abridge the parties' opportunities to 26
confront witnesses and rebut evidence. The basis for this 27
determination shall appear in the order. 28
(5) Where it bears on the issues presented, the agency's 29
experience, technical competency, and specialized knowledge may be 30
used in the evaluation of evidence. 31
(6) If a person serving or designated to serve as presiding 32
officer becomes unavailable for any reason before entry of the order, 33
a substitute presiding officer shall be appointed as provided in RCW 34
34.05.425. The substitute presiding officer shall use any existing 35
record and may conduct any further proceedings appropriate in the 36
interests of justice. 37
(7) The presiding officer may allow the parties a designated time 38
after conclusion of the hearing for the submission of memos, briefs, 39
or proposed findings. 40
p. 3 HB 2563
(8)(a) Except as otherwise provided in (b) of this subsection, 1
initial or final orders shall be served in writing within ((ninety)) 2
90 days after conclusion of the hearing or after submission of memos, 3
briefs, or proposed findings in accordance with subsection (7) of 4
this section unless this period is waived or extended for good cause 5
shown. ((The)) In cases arising under Title 50 RCW, the initial order 6
may be served on a party electronically during a pilot period through 7
June 30, 2029. In all other cases, the initial or final order may be 8
served on a party via electronic distribution, with ((a)) that 9
party's agreement. 10
(b) This subsection does not apply to the final order of the 11
shorelines hearings board on appeal under RCW 90.58.180(3).12
(9) The presiding officer shall cause copies of the order to be 13
served on each party and the agency. 14
NEW SECTION. Sec. 3. This act takes effect July 1, 2026.15
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