1. (1) Upon the submission of a timely request for fact-finding, the parties shall meet within seven days to attempt to select a fact finder.

   1. (a) The parties may agree to designate the mediator as fact finder.
   2. (b) If the parties agree on a fact finder, they shall obtain a commitment to serve and notify the executive director of the identity of the fact finder.
   3. (c) If the parties are unable to agree on a fact finder within seven days, they shall immediately notify the executive director.

2. (2) In the absence of an agreement of the parties under subsection (1) of this section, the executive director shall designate a fact finder.

   1. (a) For disputes under chapter 41.59 RCW, the fact finder must be a member of the agency staff other than the person who was the mediator in the dispute. The parties are not entitled to influence the designation of a fact finder and may not, either in writing or by other communication, attempt to indicate any preference for or against any person as the fact finder to be appointed by the agency.
   2. (b) For disputes under chapter 41.80 RCW, the fact finder may be a member of the agency staff or a member of the agency's dispute resolution panel.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, 47.64.135, and 49.39.060. WSR 22-23-101, § 391-55-310, filed 11/16/22, effective 1/1/23. Statutory Authority: RCW 41.58.050, 41.59.110, 41.80.090. WSR 08-04-059, § 391-55-310, filed 1/31/08, effective 4/1/08. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050 and 41.59.120. WSR 99-14-060, § 391-55-310, filed 7/1/99, effective 8/1/99. Statutory Authority: RCW 34.04.022, 41.58.050, 41.56.090, 41.59.110 and 28B.52.080. WSR 83-24-035 (Order 83-05), § 391-55-310, filed 12/1/83, effective 1/1/84. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. WSR 80-14-049 (Order 80-8), § 391-55-310, filed 9/30/80, effective 11/1/80.]