General Orders of Division II

2018-1 Facilitating Review of Appeals from Agency Orders Through Shortened Agency Records (Amended)

2018-1  ORDER TO FACILITATE REVIEW OF APPEALS FROM AGENCY ORDERS THROUGH SHORTENED AGENCY RECORD (AMENDED)

I.     Agency Record for Direct Judicial Review

          WHEREAS administrative records submitted for judicial review are frequently voluminous and contain extraneous and duplicative materials;

Now therefore, for judicial review of appeals from agency orders, it is hereby ORDERED that

(1) The agency shall prepare the agency record as follows:

a.  Prefaced by a table of contents;

b.  Paginated in chronological order, according to the agency filing date.

(2)  The parties are encouraged to stipulate to a shortened record under RCW 34.05.566(4).   The parties must file a certification that they intend to stipulate to a shortened record and identify the documents that are included in the stipulation within 30 days after this court accepts direct review. The agency shall transmit a certified copy of the agency record or a copy of the stipulated shortened record within 60 days after this court accepts direct review..

II.     Stipulation to Shortened Agency Record

          WHEREAS the parties may stipulate under RCW 34.05.566(4) to shorten the agency record for purposes of judicial review of appeals for agency orders;

Now, therefore, for appeals from superior court of agency orders, it is hereby ORDERED that

(1)  The parties are encouraged to stipulate under RCW 34.05.566(4) to a shortened record in appeals from agency orders.  The parties must file a certification that they intend to stipulate to a shortened record and identify the documents that will be included in the stipulation within 30 days after service of the petition for judicial review.

III.     Content of Shortened Agency Record

(1)  If stipulated to by the parties under RCW 34.05.566(4), appeals from agency orders to this court shall be supported by shortened agency records. 

(2)  The shortened agency record shall:

a.  Contain minimal duplication (duplicate records should be limited to those necessary for review);

b.  Contain no copies of prior briefing, unless necessary to resolve the issues on review;

c.  Contain all oral and written rulings that are the subject of review; and

d.  Otherwise include all materials necessary for judicial review.

(3)  The court may require additions or corrections to the stipulated record as deemed necessary pursuant to RCW 34.05.566(7). 

(4)  The shortened agency record shall be formatted so as to facilitate judicial review.  If filed electronically, the agency record shall be filed in a searchable format, to the greatest extent possible.  An electronic record exceeding 50 MB shall be divided into volumes with each volume not exceeding 50 MB.   If filed in paper format, the record shall be organized and bound in volumes that do not exceed 300 pages each.

It is further ORDERED that this order shall be effective on July 1, 2018.

          FOR THE COURT:

          Bradley Maxa, Chief Judge, Division II