The designation of a presiding officer must be consistent with the requirements of RCW 34.05.485 and the presiding officer must not have personally participated in the decision made by the employing agency or PEBB program.

1. (1) The presiding officer will decide the issue based on the information provided by the parties during the presiding officer's review of the appeal.
2. (2) A presiding officer is limited to those powers granted by the state constitution, statutes, rules, or applicable case law.
3. (3) A presiding officer may not decide that a rule is invalid or unenforceable.
4. (4) In addition to the record, the presiding officer may employ the authority's expertise as a basis for the decision.

[Statutory Authority: RCW 41.05.021, 41.05.160, and PEBB policy resolutions. WSR 19-17-073 (Admin #2019-01), § 182-16-2140, filed 8/20/19, effective 1/1/20. Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), § 182-16-2140, filed 10/29/18, effective 1/1/19.]