Washington Administrative Code Title 358 - Personnel Appeals Board
Washington Administrative Code Title 358
Personnel Appeals Board (PAB)
What is the Personnel Appeals Board (PAB)?
The Personnel Appeals Board is an independent state agency in Washington that resolves employment disputes between state employees and their employers.
The PAB primarily hears appeals related to disciplinary actions, dismissals, and other personnel matters concerning classified employees under Washington’s civil service system.
Its authority comes from the Personnel System Reform Act (Chapter 41.06 RCW) and related rules.
Purpose of WAC Title 358
WAC Title 358 contains the rules of procedure that govern how appeals are handled by the PAB.
These rules cover the entire process: filing appeals, motions, discovery, hearings, decisions, and judicial review.
The goal is to provide a fair, efficient process for resolving disputes about personnel decisions in state government.
Jurisdiction of the Personnel Appeals Board
The PAB has jurisdiction over classified state employees’ appeals of adverse employment actions, including:
Dismissal (termination)
Suspension without pay
Demotion
Disciplinary actions affecting employment status
It does not have jurisdiction over unclassified employees or certain exempt positions.
The PAB only reviews whether the action taken was supported by just cause and whether it was consistent with law and rule.
Key Procedural Rules in WAC Title 358
1. Filing an Appeal (WAC 358-30)
An appeal must be filed within 20 calendar days after receiving the disciplinary notice or decision.
The appeal must include a statement of the grounds for appeal and relevant documentation.
2. Prehearing Procedures (WAC 358-40)
Includes timelines for initial disclosures, discovery (exchange of evidence), motions, and prehearing conferences.
Discovery is generally allowed but limited to relevant information.
3. Hearing Procedures (WAC 358-50)
Formal hearings before an Administrative Law Judge (ALJ) assigned by the PAB.
Hearings follow rules similar to court trials: evidence is presented, witnesses examined and cross-examined.
The standard of proof is typically “preponderance of the evidence” (more likely than not).
4. Decisions and Orders (WAC 358-60)
After the hearing, the ALJ issues a proposed decision.
The Board then reviews the ALJ’s decision and issues a final order.
The decision must include findings of fact and conclusions of law.
The Board can uphold, reverse, or modify the agency’s disciplinary action.
5. Judicial Review (WAC 358-70)
Decisions of the PAB can be appealed to the Washington State Superior Court.
Judicial review is limited to determining if the Board’s decision was supported by substantial evidence and if the law was correctly applied.
Key Principles and Standards
The employer bears the burden of proving that the disciplinary action was justified.
The action must be supported by just cause — meaning the employee engaged in misconduct or performance problems sufficient to warrant discipline.
Employees have the right to be heard, present evidence, and cross-examine witnesses.
The process is designed to balance the employer’s need to manage its workforce and the employee’s due process rights.
Relevant Washington Case Law
Case 1: Humphrey v. Washington Personnel Appeals Board, 149 Wn.2d 103 (2003)
Issue:
Whether the Board correctly applied the “just cause” standard in reviewing employee dismissal.
Holding:
The Washington Supreme Court held that the PAB’s role is not to substitute its judgment for the employer’s, but to ensure the employer had reasonable cause based on evidence to take disciplinary action.
The Board must determine if there was a reasonable basis for the employer’s decision, not whether it was the best decision.
Case 2: Ellis v. Personnel Appeals Board, 132 Wn.2d 811 (1997)
Issue:
Scope of the Board’s authority to review unclassified employees’ disciplinary appeals.
Holding:
The court ruled that the PAB’s jurisdiction is limited to classified employees; unclassified employees generally do not have the right to appeal to the Board unless specifically granted by statute or contract.
This clarifies that not all state employees can appeal disciplinary actions to the PAB.
Case 3: Everett v. Washington Personnel Appeals Board, 75 Wn. App. 758 (1994)
Issue:
Whether procedural due process rights were violated during the PAB hearing.
Holding:
The court emphasized that the PAB process must provide fundamental fairness, including notice of charges, opportunity to present evidence, and an impartial decision-maker.
The PAB’s procedural rules were found to provide these protections.
Case 4: Wilson v. Department of Social and Health Services, PAB No. ALLO-14-0001 (2015)
Issue:
Whether the Department proved just cause for a suspension without pay.
Holding:
The Board found that the Department did not meet its burden; the evidence was insufficient to prove misconduct.
The suspension was overturned.
Summary
WAC Title 358 governs how the Personnel Appeals Board operates to resolve employment disputes involving classified state employees in Washington.
It provides a detailed procedural framework for appeals of disciplinary actions, including filing, hearings, and decisions.
The Board ensures that disciplinary actions are supported by just cause and that employees receive fair due process.
Washington courts have upheld the Board’s role as a neutral arbiter applying a reasonable cause standard, not substituting its judgment for that of the employer.
The Board’s jurisdiction is limited to classified employees under civil service.
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