Washington Administrative Code

(1) This chapter applies to adjudicative proceedings authorized to be conducted under the authority of the department of health.(2) The rules in this chapter are the exclusive rules governing adjudicative proceedings under the jurisdiction of the department.(3) To the extent that…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Adjudicative clerk's office" means the unit with responsibility for: Docketing; service of orders; and maintaining custody of the adjudicative proceeding record, whose…

(1) A person designated by the program shall sign all initiating documents issued under this chapter.(2) The presiding officer or review officer shall sign orders issued under this chapter.(3) Authority to sign is indicated by designation of the title of the person signing and sh…

If a respondent requests an adjudicative proceeding to contest the action, that party shall appear at all stages of the proceeding except as otherwise provided in this section.(1) If the respondent is represented as provided in this chapter, the respondent shall appear personally…

(1) When computing a period of time prescribed or allowed by an applicable statute or rule, the day of the act, event, or default from which the designated period of time begins to run is not included.(2) The last day of the computed period is included unless the last day is a Sa…

(1) A person's written statement, declaration, verification, certificate, or oath may be authenticated by a written statement which is executed in substantially the following form:I certify (or declare) under penalty of perjury under the laws of the state of Washington that the f…

The following persons or entities may request an adjudicative proceeding under this chapter.(1)(a) With respect to the denial of applications made under chapters 246-290, 246-291, and 246-295 WAC, the denied applicant may request an adjudicative proceeding.(b) A person whose appl…

(1) Persons requesting an adjudicative proceeding may be represented subject to the following conditions:(a) A person requesting an adjudicative proceeding may represent himself or herself or may be represented by an attorney who has complied with the admission to practice rules …

(1) For purposes of this section "documents" means pleadings, briefs, exhibits, orders, or other materials requested or relevant to an adjudicative proceeding.(2) Filing. Filing is the act of delivering documents to the adjudicative clerk's office.(a) A party must file with the a…

(1) The department has jurisdiction over all licenses issued by the department and over all holders of and applicants for licenses. Such jurisdiction is retained even if an applicant abandons or requests to withdraw the application, or a licensee fails to renew a license.(2) The …

(1) The presiding officer may conduct all or part of the proceedings or permit a party or witness to appear by telephone or other electronic means if each participant in the proceedings has an opportunity to participate in, hear, and, if technically and economically feasible, see…

The presiding officer shall designate sites for the conduct of proceedings taking into account accessibility, efficiency, and economy.[Statutory Authority: RCW 43.70.040. WSR 93-13-005 (Order 369), § 246-10-112, filed 6/3/93, effective 7/4/93.]

Good faith shall be the standard for compliance with these rules. Failure to make a good faith effort to comply with these rules shall be grounds for sanctions as provided in this chapter.[Statutory Authority: RCW 43.70.040. WSR 93-13-005 (Order 369), § 246-10-113, filed 6/3/93, …

(1) All papers, exhibits, transcripts, and other materials required by or submitted in accordance with this chapter are public records.(2) Release of information upon request for public records is subject to the following limitations:(a) Release of health care information must co…

(1) The party requesting the appearance of a witness under a subpoena shall pay the witness fees and expenses.(2) The party requesting services of an expert witness shall negotiate and pay fees for the expert witness.(3) The party incurring expenses in connection with proceedings…

The legislature has determined that persons who file complaints with or provide information to the department regarding health care practitioners licensed by the department are immune from civil liability, provided that such persons have acted in good faith. RCW 4.24.240 through …

(1) Official notice may be taken as provided in RCW 34.05.452(5).(2) The department, through its designated presiding officer or review officer, may use its expertise and specialized knowledge to evaluate and draw inferences from the evidence presented to it.[Statutory Authority:…

(1) Orders may include sanctions against either party.(2) Grounds for sanctions may include:(a) Failure to comply with this chapter or orders of the presiding officer or review officer; and(b) Willful interference with the progress of proceedings.(3) Sanctions may include:(a) Dis…

(1) The presiding officer may grant a petition for intervention pursuant to RCW 34.05.443.(2) A request to intervene will be handled as a prehearing motion and will be subject to the dates contained in the scheduling order. The presiding officer may allow intervention if:(a) The …

(1) Pleadings, orders, and other papers filed, served, or entered under this chapter must:(a) Have a caption with the name of the state of Washington, department of health and the title of the proceeding; and(b) Be signed by the person filing, serving, or entering the document. W…

(1) "Limited-English proficiency" means, for purposes of this section and WAC 246-10-122, that a person is unable to communicate effectively in English because their primary language is not English and they have not developed fluency in the English language. A person with limited…

(1) A "hearing or speech impaired person" means a person who, because of a hearing or speech impairment, cannot readily understand or communicate in spoken language. A "hearing impaired person" includes a person who is deaf, deaf and blind, or hard of hearing.(2) If a hearing or …

(1) The presiding officer, the secretary or designee, and attorneys for parties may issue subpoenas to residents of the state of Washington, to license holders and applicants for license, and to other persons or entities subject to jurisdiction under RCW 4.28.185.(2) The presidin…

(1) An applicant for an initial license or renewal of an existing license is not entitled to an adjudicative proceeding unless the applicant has submitted:(a) A completed initial application or renewal application, as appropriate; and(b) All applicable application, examination, o…

(1) Initiating documents shall include a clear and concise statement of the:(a) Identity and authority of the person issuing the document;(b) Factual basis for the action or proposed action set forth in the document;(c) Statutes and rules alleged to be at issue;(d) Identity of th…

(1) Prior to the hearing date, initiating documents may be amended:(a) Subject to the following conditions:(i) Amended initiating documents must meet the requirements of WAC 246-10-201(1).(ii) Amended initiating documents must be accompanied by the documents described in WAC 246-…

A respondent may respond to an initiating document by filing an application for an adjudicative proceeding or by waiving the opportunity for adjudicative proceeding.(1) If the respondent wishes to file an application for an adjudicative proceeding:(a) An application for adjudicat…

(1) If a party fails to respond to initiating documents according to WAC 246-10-203, that party will be deemed to have waived the right to a hearing, and the secretary shall enter a final order without further contact with that party.(2) If a party requests an adjudicative procee…

(1) Within thirty days after receipt of the application for adjudicative proceeding, the secretary's designee shall:(a) Approve the application for full adjudicative procedure and issue and serve on the parties a scheduling order specifying the course of the proceeding; or(b) App…

(1) Except as otherwise required by law, summary action may be taken under chapter 18.130 RCW only after a review by the secretary or designee of such evidence, including affidavits or declarations, if appropriate, to establish:(a) The existence of an immediate threat to the publ…

(1) Summary action takes effect upon entry of the order. Entry shall be the date of signature unless otherwise specified.(2) No person shall be required to comply with a summary action until service has been made or the person has knowledge of the order, whichever occurs first.(3…

(1) A summary action must be entered in the form of an order containing findings of fact, conclusions of law, and the summary action imposed, as well as a statement of policy reasons for the decision.(2) Except as otherwise required by law, a summary action imposed by emergency a…

(1) Except as identified in subsection (2) of this section, following a summary action taken by the department, the respondent may:(a) Request a prompt adjudicative proceeding conducted in accordance with this chapter; or(b) Waive the prompt adjudicative proceeding and request a …

Except as provided in WAC 246-10-304(2), a respondent affected by a summary action will be provided the opportunity to request a prompt adjudicative proceeding.(1) Notice of the opportunity will be provided in the notice of opportunity to defend against the allegations that are t…

A settlement conference may be requested, a settlement may be offered, and a prehearing conference may be conducted prior to a prompt adjudicative proceeding. Prehearing proceedings shall not delay a prompt adjudicative proceeding except by mutual agreement of the parties.[Statut…

(1) A license holder's request for a show cause hearing must be filed within twenty days of the service of the summary action. A license holder must also respond to the statement of charges by requesting a hearing or an extension of time as provided in RCW 18.130.090.(2) The show…

(1) Following a request for an adjudicative proceeding, a settlement conference may be held if settlement is not achieved through written documents. The parties shall arrange the date, time, and place of the settlement conference.(2) The purpose of the settlement conference is to…

The parties should exchange information and documents related to the case prior to the adjudicative proceeding. Formal discovery is obtained as follows:(1) Methods, scope and limits:(a) Parties may obtain discovery by production of records or things; deposition upon oral examinat…

(1) The presiding officer shall rule on motions. The presiding officer may rule on motions without oral argument or may request or permit the parties to argue the motion in person or by telephone. Oral argument may be limited in time at the discretion of the presiding officer.(2)…

(1) As provided in WAC 246-10-205, the presiding officer may schedule one or more prehearing conferences to be held prior to the hearing. Parties will be notified of the time and place of the first prehearing conference in the scheduling order.(2) The presiding officer shall cond…

(1) The presiding officer shall issue a protective order to preserve confidentiality related to health care records or provider-client information as required under state and federal law including, but not limited to, chapter 70.02 RCW; Public Law No. 104-191, 110 Statute 1936 (H…

(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:(a) A determination whether an applicant for a professional, business, or facility license meets the minimum criteria for an un…

(1) The preliminary record with respect to an application for a professional, business, or facility license, or for approval of a school or curriculum must consist of:(a) The application for the license or approval and all associated documents;(b) All documents relied on by the p…

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the assistant secretary having responsibility for the program that issued the initiating document that is the subject of the proceeding. The presiding off…

(1) Initial orders on brief adjudicative proceedings become final twenty-one days after service of the initial order unless:(a) Administrative review has been requested pursuant to WAC 246-10-701; or(b) On his or her own initiative, a designee of the secretary authorized to issue…

The agency record of brief adjudicative proceedings shall consist of:(1) The preliminary record as set forth in WAC 246-10-502;(2) All initiating documents including the notice of opportunity to defend;(3) The request for adjudicative proceeding;(4) All documents submitted in the…

Notice of an adjudicative proceeding shall be issued pursuant to RCW 34.05.434.[Statutory Authority: RCW 43.70.040. WSR 93-13-005 (Order 369), § 246-10-601, filed 6/3/93, effective 7/4/93.]

(1) The adjudicative proceeding shall be conducted as provided in RCW 34.05.449 through 34.05.455.(2) The presiding officer may take the following actions to the extent not already determined in a prehearing order:(a) Conduct the hearing de novo;(b) Determine the order of present…

(1) The presiding officer shall rule on objections to the admissibility of evidence pursuant to RCW 34.05.452 unless those objections have been addressed in the prehearing order.(2) The refusal of a witness to answer any question ruled proper shall be grounds for the presiding of…

When a party contests the approval or denial of an application for a certificate of need, the evidence at hearing is limited to information and materials:(1) Provided to the certificate of need program (program) during the application process by the applicant or an interested or …