Washington Administrative Code

(1) Your hearing request must contain enough information to identify you and the DSHS action. You should include:(a) Your name, address, and telephone number;(b) A brief explanation of why you disagree with the DSHS action;(c) Your client identification or case number, contract n…

(1) After you request a hearing, the OAH sends the parties a notice containing the hearing date, time, and place. This document is called the notice of hearing. The parties may also receive a written notice of a prehearing conference. You may receive a notice of a prehearing conf…

(1) You may withdraw your hearing request for any reason and at any time by contacting DSHS or OAH in writing or orally with the ALJ and the other parties. After your request for withdrawal is received, your hearing is cancelled and OAH sends an order dismissing the hearing. If y…

If you need an interpreter because you or any of your witnesses are a person with limited English proficiency, OAH will provide an interpreter at no cost to you.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0120, filed 9/1/00, effective 10/2/00.]

The following definitions apply to LEP parties:"Hearing impaired person" means a person who, because of a hearing or speech impairment, cannot readily speak, understand or communicate in spoken language."Intermediary interpreter" means an interpreter who:(1) Is a certified deaf i…

If OAH is notified that you are a limited-English-speaking person, all hearing notices, decisions, and orders for you must:(1) Be written in your primary language; or(2) Include a statement in your primary language:(a) Indicating the importance of the notice; and(b) Telling you h…

(1) OAH must provide a qualified interpreter to assist any person who:(a) Has limited-English proficiency; and(b) Is a party or witness in a hearing.(2) OAH may hire or contract with persons to interpret at hearings.(3) Relatives of any party and DSHS employees may not be used as…

(1) If you are limited English proficient, you may ask to waive interpreter services.(2) You must make your request in writing or through a qualified interpreter on the record.(3) The ALJ must determine if your waiver has been knowingly and voluntarily made.(4) You may withdraw y…

(1) Interpreters must:(a) Use the interpretive mode that the parties, the hearing impaired person the interpreter and the ALJ consider the most accurate and effective;(b) Interpret statements made by the parties and the ALJ;(c) Not disclose information about the hearing without t…

(1) When an interpreter is used at a hearing, the ALJ must explain that the decision is written in English but that a party using an interpreter may contact the interpreter for an oral translation of the decision at no cost to you.(2) Interpreters must provide a telephone number …

(1) You may represent yourself or have anyone represent you, except a DSHS employee.(2) Your representative may be a friend, relative, community advocate, attorney, or paralegal.(3) You should inform DSHS or OAH of your representatives name, address, and telephone number.[Statuto…

(1) If you are going to represent yourself, you should provide the ALJ and other parties with your name, address, and telephone number.(2) If you are represented, your representative should provide the ALJ and other parties with the representative's name, address, and telephone n…

Although DSHS employees cannot represent you during the hearing process, they may assist you by:(1) Acting as a witness;(2) Referring you to community legal resources;(3) Helping you get nonconfidential information; or(4) Informing you about or providing copies of the relevant la…

(1) Neither DSHS nor OAH will pay for an attorney.(2) If you want an attorney to represent you and cannot afford one, community resources may be available to assist you. These legal services may be free or available at a reduced cost. DSHS or OAH can tell you who to contact for l…

(1) A DSHS employee, DSHS contractor, or the office of the attorney general represents DSHS during the hearing. The DSHS representative may or may not be an attorney.(2) An ALJ is independent and does not represent DSHS or any other party.[Statutory Authority: RCW 34.05.020. WSR …

(1) A prehearing meeting is an informal meeting with a DSHS representative that may be held before any prehearing conference or hearing.(2) A DSHS representative may contact you before the scheduled hearing to arrange a prehearing meeting. You may also contact DSHS to request a p…

During a prehearing meeting:(1) A DSHS representative:(a) Explains the role of the DSHS representative in the hearing process;(b) Explains how a hearing is conducted and the relevant laws and rules that apply;(c) Explains your right to representation during the hearing;(d) Respon…

(1) If you and DSHS resolve the dispute during the prehearing meeting and put it in writing or present the agreement to an ALJ, your agreement may be legally enforceable.(2) Any agreements or stipulations made at the prehearing meeting must be presented to an ALJ before or during…

You are not required to participate in a prehearing meeting. If you do not participate, it does not affect your right to a hearing.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0190, filed 9/1/00, effective 10/2/00.]

(1) A prehearing conference is a formal proceeding conducted on the record by an ALJ to prepare for a hearing. The ALJ must record the prehearing conference using audio recording equipment (such as a digital recorder or tape recorder).(2) An ALJ may conduct the prehearing confere…

(1) The ALJ may require a prehearing conference. Any party may request a prehearing conference.(2) The ALJ must grant the first request for a prehearing conference if it is received by the OAH at least seven business days before the scheduled hearing date.(3) The ALJ may grant un…

During a prehearing conference the parties and the ALJ may:(1) Simplify or clarify the issues to be decided during the hearing;(2) Agree to the date, time, and place of the hearing;(3) Identify accommodation and safety issues;(4) Agree to postpone the hearing;(5) Allow the partie…

(1) After the prehearing conference ends, the ALJ must enter a written prehearing order describing:(a) The actions taken;(b) Any changes to the documents;(c) Any agreements reached; and(d) Any ruling of the ALJ.(2) The ALJ must send the prehearing order to the parties at least fo…

(1) All parties are required to attend a prehearing conference.(2) If you do not attend, you may not be allowed to participate in the hearing. The ALJ may dismiss your hearing request or enter an order of default against you.[Statutory Authority: RCW 34.05.020, 34.05.220. WSR 11-…

(1) The ALJ must hear and decide the issues de novo (anew) based on what is presented during the hearing.(2) As needed, the ALJ may:(a) Determine the order for presenting evidence;(b) Issue subpoenas or orders directing witnesses to appear or bring documents;(c) Rule on objection…

The authority of the ALJ and the review judge is limited to those powers conferred (granted) by statute or rule. The ALJ and the review judge do not have any inherent or common law powers.[Statutory Authority: RCW 34.05.020, 34.05.220. WSR 11-04-074, § 388-02-0216, filed 1/31/11,…

(1) As provided for in WAC 388-02-0218, ALJs do not conduct hearings involving cases brought by contractors for the delivery of nursing facility services under WAC 388-96-904(5).(2) ALJs conduct the hearing and enter the hearing decision as a final order only in cases pertaining …

(1) ALJs and review judges must first apply the department rules adopted in the Washington Administrative Code.(2) If no department rule applies, the ALJ or review judge must decide the issue according to the best legal authority and reasoning available, including federal and Was…

(1) A final order may be relied on, used, or cited as precedent by a party if the final order has been indexed in the department index of significant decisions.(2) The department index of significant decisions is available to the public at www.dshs.wa.gov/boa. For information on …

(1) Neither an ALJ nor a review judge may decide that a DSHS rule is invalid or unenforceable. Only a court may decide this issue.(2) If the validity of a DSHS rule is raised during the hearing, the ALJ or review judge may allow argument for court review.[Statutory Authority: RCW…

The OAH assigns an ALJ at least five business days before the hearing. A party may ask which ALJ is assigned to the hearing by calling or writing the OAH field office listed on the notice of hearing. If requested by a party, the OAH must send the name of the assigned ALJ to the p…

A party may file a motion of prejudice against an ALJ under RCW 34.12.050. A party may also request that an ALJ or review judge be disqualified under RCW 34.05.425.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0235, filed 9/1/00, effective 10/2/00.]

(1) A party may request a different ALJ by sending a written motion of prejudice to the OAH before the ALJ rules on a discretionary issue in the case, admits evidence, or takes testimony. A motion of prejudice must include an affidavit or statement that a party does not believe t…

(1) An ALJ or review judge may be disqualified for bias, prejudice, or conflict of interest, or if one of the parties or a party's representative has an ex parte contact with the ALJ or review judge.(2) Ex parte contact means a written or oral communication with the ALJ or review…

(1) The OAH must send a copy of your hearing request to the department, unless the OAH received your hearing request from the department. The OAH should send it to the department within four business days of the OAH receiving your request.(2) The OAH must send a notice of hearing…

(1) A notice of hearing is a written notice that must include:(a) The names of all parties who receive the notice and, if known, the names and addresses of their representatives;(b) The name, mailing address, and telephone number of the ALJ, if known;(c) The date, time, place, an…

(1) The ALJ must allow the department to amend (change) the notice of a department action before or during the hearing to match the evidence and facts.(2) The department must put the change in writing and give a copy to the ALJ and all parties.(3) The ALJ must offer to continue (…

(1) The ALJ may allow you to amend your hearing request before or during the hearing.(2) The ALJ must offer to continue (postpone) the hearing to give the other parties more time to prepare or present evidence or argument if there is a significant change in the hearing request.(3…

(1) You must tell DSHS and OAH, as soon as possible, when your mailing address changes.(2) If you do not notify DSHS and OAH of a change in your mailing address and they continue to send notices and other important papers to your last known mailing address, the ALJ may assume tha…

A continuance is a change in the date or time of a prehearing conference, hearing or the deadline for other action.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0275, filed 9/1/00, effective 10/2/00.]

(1) Any party may request a continuance either orally or in writing.(2) Before contacting the ALJ to request a continuance, a party should contact the other parties, if possible, to find out if they will agree to a continuance. If you are unable to contact the parties, the OAH or…

(1) An order of dismissal is an order sent by the ALJ to end the hearing. The order is made because the party who requested the hearing withdrew the request, failed to appear, or refused to participate, resulting in a default.(2) If your hearing is dismissed because you did not a…

(1) If the ALJ sends an order dismissing your hearing, you may ask that the ALJ vacate (set aside) the order of dismissal.(2) If the order of dismissal is vacated, your hearing is reinstated, which means you get another opportunity to have a hearing on your initial request for he…

You must send your request to vacate an order of dismissal to BOA or OAH. You should specify in your request why the order of dismissal should be vacated. BOA forwards any request received to OAH to schedule a hearing. OAH sends you a notice of the hearing on the request to vacat…

(1) You must send your request to vacate an order to OAH or BOA twenty-one calendar days after the date the order of dismissal was mailed to you. If no request is received within that deadline, the dismissal order becomes a final order.(2) You may make a late request to vacate th…

(1) If your request was received more than twenty-one days, but less than one year after the dismissal order was mailed, the ALJ first must decide if you have good cause according to WAC 388-02-0020.(2) If your request was timely or you show good cause for missing the deadline, t…

A party may request that an ALJ or review judge stay (stop) a DSHS action until there is a decision entered by the ALJ or review judge. An ALJ or review judge decides whether to grant the stay.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0310, filed 9/1/00, effect…

A party may require witnesses to testify or provide documents by issuing a subpoena. A subpoena is an order to appear at a certain time and place to give testimony, or to provide books, documents, or other items.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0315, f…

(1) ALJs, DSHS, and attorneys for the parties may prepare subpoenas. If an attorney does not represent you, you may ask the ALJ to prepare a subpoena on your behalf. The ALJ may schedule a hearing to decide whether to issue a subpoena.(2) An ALJ may deny a request for a subpoena.…

(1) Any person who is at least eighteen years old and not a party to the hearing may serve a subpoena.(2) Service of a subpoena is complete when the server:(a) Gives the witness a copy of the subpoena; or(b) Leaves a copy at the residence of the witness with a person over the age…