Case Information

GREEN RIVER COMMUNITY COLLEGE, ET AL, Respondents, v. HIGHER EDUCATION PERSONNEL BOARD, ET AL, Petitioners.

No. 46939-3

En Banc.

August 27, 1981.

95 Wn.2d 962

However, argues the Department, RAP 18.22 lists RCW 51.52.110 as superseded by the Rules of Appellate Procedure. The comment to RAP 18.22 makes clear a different intent: "RCW 50.32.130 and [RCW 51.52.110] affect relief available under Rules 8.1 and 8.3 and are retained except to the extent that the statutory requirements purport to be jurisdictional." It is clear that the applicable provision of RCW 51.52.110 is retained and only the statutory procedural mechanisms are affected to the extent that they purport to be jurisdictional. What those jurisdictional steps are and their relationship to the rules involve issues not before us. Clearly what is before us is not a jurisdictional question. A writ of mandate shall issue directing the respondent to comply with the order of the Board of Industrial Insurance Appeals. Petitioner's request for attorney's fees for this proceeding is reserved pending a determination on the merits.

BRACHTENBACH, C.J., and STAFFORD and HICKS, JJ., dissent by separate opinion.

Kenneth O. Eikenberry, Attorney General, and Clifford D. Foster, Assistant, for petitioner Higher Education Personnel Board.

Dean A. Floyd and Audrey B. Eide, for petitioners Washington Federation of State Employees, et al.

Kenneth O. Eikenberry, Attorney General, Richard M. Montecucco, Senior Assistant, and David A. Saraceno and Stuart Allen, Assistants, for respondents.

WILLIAMS, J.—An opinion in this case was reported in Green River Community College v. Higher Educ. Personnel Bd., 95 Wn.2d 108, 622 P.2d 826 (1980). We granted reconsideration, and now adhere to our prior opinion, except that the final sentence of footnote 1 in that opinion is stricken.

ROSELLINI, UTTER, DOLLIVER, DORE, and DIMMICK, JJ., concur.

BRACHTENBACH, C.J. (dissenting)—I dissent for the reasons stated in the original case reported at 95 Wn.2d 108, 121, 622 P.2d 826 (1980).

STAFFORD and HICKS, JJ., concur with BRACHTENBACH, C.J.