Washington Administrative Code

(1) A party may request that an ALJ quash (set aside) or change the subpoena request at any time before the deadline given in the subpoena.(2) An ALJ may set aside or change a subpoena if it is unreasonable.(3) Witnesses with safety or accommodation concerns should contact OAH.[S…

There is no cost to prepare a subpoena, but you may have to pay for:(1) Serving a subpoena;(2) Complying with a subpoena; and(3) Witness fees according to RCW 34.05.446(7).[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0335, filed 9/1/00, effective 10/2/00.]

(1) Hearings may be held in person or by telephone conference.(2) A telephone conference hearing is where all parties appear by telephone.(3) An in-person hearing is where you appear face-to-face with the ALJ and the other parties appear either in person or by telephone.(4) Wheth…

(1) If your hearing is scheduled as an in-person hearing, an ALJ is physically or visually present.(2) If your hearing is scheduled as a telephone conference, an ALJ is present by telephone.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0345, filed 9/1/00, effective…

The ALJ must record the entire hearing using audio recording equipment (such as a digital recorder or a tape recorder).[Statutory Authority: RCW 34.05.020, 34.05.220. WSR 11-04-074, § 388-02-0350, filed 1/31/11, effective 3/3/11. Statutory Authority: RCW 34.05.020. WSR 00-18-059,…

(1) All parties and their representatives may attend the hearing.(2) Witnesses may be excluded from the hearing if the ALJ finds good cause.(3) The ALJ may also exclude other persons from all or part of the hearing.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0355…

(1) The parties have the right to request that:(a) A hearing format be converted (changed) to an in-person hearing or a telephone conference; or(b) A witness appear in person or by telephone conference. The OAH must advise you of the right to request a change in how a witness app…

(1) If a party wants to convert the hearing or change how their witnesses or other parties appear, the party must contact OAH to request the change.(2) The ALJ may schedule a prehearing conference to determine if the request should be granted.(3) If the ALJ grants the request, th…

(1) When a hearing is conducted by telephone, an ALJ may order the parties to provide the hearing documents at least five days before the hearing, so all parties have an opportunity to view them during the hearing.(2) DSHS may be able to help you copy and send your documents to t…

At your hearing:(1) The ALJ:(a) Explains your rights;(b) Marks and admits or rejects exhibits;(c) Ensures that a record is made;(d) Explains that a decision is mailed after the hearing;(e) Notifies the parties of appeal rights;(f) May keep the record open for a time after the hea…

(1) A group hearing may be held when two or more parties request a hearing about similar issues. (2) Hearings may be combined at the request of the parties or the ALJ. (3) All parties participating in a group hearing may have their own representative.[Statutory Authority: RCW 34.…

(1) A party may withdraw from a group hearing by asking the ALJ for a separate hearing. (2) If a party asks to withdraw from a group hearing before the ALJ makes a discretionary ruling or the hearing begins, the ALJ must give the party a separate hearing. (3) If a party later sho…

The following requirements apply only to adjudicative proceedings in which an applicant or recipient of medical services programs set forth in chapter 74.09 RCW seeks review of decisions made by more than one agency.(1) When you file a single application for an adjudicative proce…

(1) Evidence includes documents, objects, and testimony of witnesses that parties give during the hearing to help prove their positions.(2) Evidence may be all or parts of original documents or copies of the originals.(3) Parties may offer statements signed by a witness under oat…

(1) The parties may bring evidence to any prehearing meeting, prehearing conference, or hearing, or may send in evidence before these events.(2) The ALJ may set a deadline before the hearing for the parties to provide proposed exhibits and names of witnesses. If the parties miss …

The parties may bring any documents and witnesses to the hearing to support their position. However, the following provisions apply:(1) The other parties may object to the evidence and question the witnesses;(2) The ALJ determines whether the evidence is admitted and what weight …

(1) A stipulation is an agreement among two or more parties that certain facts or evidence is correct or authentic.(2) If an ALJ accepts a stipulation, the ALJ must enter it into the record.(3) A stipulation may be made before or during the hearing.[Statutory Authority: RCW 34.05…

(1) A party may change or reject a stipulation after it has been made.(2) To change or reject a stipulation, a party must show the ALJ that:(a) The party did not intend to make the stipulation or was mistaken when making it; and(b) Changing or rejecting the stipulation does not h…

Proposed exhibits are documents or other objects that a party wants the ALJ to consider when reaching a decision. After the document or object is accepted by the ALJ, it is admitted and becomes an exhibit.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0415, filed 9/…

(1) DSHS representatives must mark and number their proposed exhibits and provide copies to the other parties as far ahead of the hearing as possible.(2) The ALJ may request that you mark and number your proposed exhibits before the hearing. You should bring enough copies of your…

(1) The ALJ decides whether or not to admit a proposed exhibit into the record and also determines the weight (importance) of the evidence.(2) The ALJ admits proposed exhibits into the record by marking, listing, identifying, and admitting the proposed exhibits.(3) The ALJ may al…

(1) A party may object to the authenticity or admissibility of any exhibit, or offer argument about how much weight the ALJ should give the exhibit.(2) Even if a party agrees that a proposed exhibit is a true and authentic copy of a document, the agreement does not mean that a pa…

(1) Parties should send their proposed exhibits to the ALJ and the other parties at least five days before the telephone hearing. In some cases, the ALJ may require that the parties send them earlier.(2) Sending the proposed exhibits to the ALJ before the telephone hearing allows…

(1) Judicial notice is evidence that includes facts or standards that are generally recognized and accepted by judges, government agencies, or national associations.(2) For example, an ALJ may take judicial notice of a calendar, a building code or a standard or practice.[Statutor…

(1) The ALJ may consider and admit evidence by taking judicial notice.(2) If a party requests judicial notice, or if the ALJ intends to take judicial notice, the ALJ may ask the party to provide a copy of the document that contains the information.(3) If judicial notice has been …

(1) A witness is any person who makes statements or gives testimony that becomes evidence in a hearing.(2) One type of witness is an expert witness. An expert witness is qualified by knowledge, experience, and education to give opinions or evidence in a specialized area.[Statutor…

(1) A witness may be:(a) You or the DSHS representative; or(b) Anyone you, the ALJ, or the DSHS representative asks to be a witness, including DSHS employees.(2) The ALJ decides who may testify as a witness.(3) Unless DSHS agrees, a former DSHS employee may not be an expert witne…

All witnesses:(1) Must affirm or take an oath to testify truthfully during the hearing.(2) May testify in person or by telephone.(3) May request interpreters from OAH at no cost to you.(4) May be subpoenaed and ordered to appear according to WAC 388-02-0315.[Statutory Authority: …

(1) The parties have the right to cross-examine (question) each witness.(2) If a party has a representative, only the representative, and not the party, may question the witness.(3) The ALJ may also question witnesses.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0…

Witnesses may refuse to answer questions. However, if a witness refuses to answer, the ALJ may reject all of the related testimony of that witness.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0470, filed 9/1/00, effective 10/2/00.]

(1) The ALJ may only consider admitted evidence to decide the case.(2) Admission of evidence is based upon the reasonable person standard. This standard means evidence that a reasonable person would rely on in making a decision.(3) The ALJ may admit and consider hearsay evidence.…

(1) Burden of proof is a party's responsibility to:(a) Provide evidence regarding disputed facts; and(b) Persuade the ALJ that a position is correct.(2) To persuade the ALJ, the party who has the burden of proof must provide the amount of evidence required by WAC 388-02-0485.[Sta…

Standard of proof refers to the amount of evidence needed to prove a party's position. Unless the rules or law states otherwise, the standard of proof in a hearing is a preponderance of the evidence. This standard means that it is more likely than not that something happened or e…

The ALJ decides if a party has met the burden of proof. The ALJ writes a decision based on the evidence presented during the hearing and consistent with the law. [Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0490, filed 9/1/00, effective 10/2/00.]

(1) Equitable estoppel is a legal doctrine defined in case law that may only be used as a defense to prevent the department from taking some action against you, such as collecting an overpayment. Equitable estoppel may not be used to require the department to continue to provide …

Before the record is closed, the ALJ may:(1) Set another hearing date;(2) Enter orders to address limited issues if needed before writing and mailing a hearing decision to resolve all issues in the proceeding; or(3) Give the parties more time to send in exhibits or written argume…

The record is closed:(1) At the end of the hearing if the ALJ does not allow more time to send in evidence or argument; or(2) After the deadline for sending in evidence or argument is over.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0505, filed 9/1/00, effective …

No more evidence may be taken without good cause after the record is closed.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0510, filed 9/1/00, effective 10/2/00.]

(1) The ALJ must produce a complete official record of the proceedings.(2) The official record must include, if applicable:(a) Notice of all proceedings;(b) Any prehearing order;(c) Any motions, pleadings, briefs, petitions requests, and intermediate rulings;(d) Evidence received…

(1) After the record is closed, the ALJ must enter an initial or final order and send copies to the parties.(2) The maximum time an ALJ has to send a decision is ninety calendar days after the record is closed, but many department programs have earlier deadlines. Specific program…

The ALJ must include the following information in the decision:(1) Identify the hearing decision as a DSHS case;(2) List the name and docket number of the case and the names of all parties and representatives;(3) Find the facts used to resolve the dispute based on the hearing rec…

If no one requests review of the initial order or if a review request is dismissed, the initial order is final twenty-one calendar days after it is mailed.[Statutory Authority: RCW 34.05.020, chapter 34.05 RCW, Parts IV and V, 2002 c 371 § 211. WSR 02-21-061, § 388-02-0525, filed…

(1) If a party disagrees with an ALJ's initial or final order because of a clerical error, the party may ask for a corrected decision from the ALJ as provided in WAC 388-02-0540 through 388-02-0555.(2) If a party disagrees with an initial order and wants it changed, the party mus…

(1) A clerical error is a mistake that does not change the intent of the decision.(2) The ALJ corrects clerical errors in hearing decisions by issuing a second decision referred to as a corrected decision or corrected order. Corrections may be made to initial orders and final ord…

(1) A party may ask for a corrected ALJ decision by calling or writing the OAH office that held the hearing.(2) When asking for a corrected decision, please identify the clerical error you found.[Statutory Authority: RCW 34.05.020, chapter 34.05 RCW, Parts IV and V, 2002 c 371 § …

(1) The parties must ask the ALJ for a corrected decision on or before the tenth calendar day after the order was mailed.(2) If you ask the ALJ to correct a decision, the time period provided by this section for requesting a corrected decision of an initial order, and the time it…

(1) When a party requests a corrected initial or final order, the ALJ must either:(a) Send all parties a corrected order; or(b) Deny the request within three business days of receiving it.(2) If the ALJ corrects an initial order and a party does not request review, the corrected …

(1) Review by a review judge is available to a party who disagrees with the ALJ's initial order.(2) If a party wants the initial order changed, the party must request that a review judge review the initial order.(3) If a request is made for a review judge to review an initial ord…

(1) The review judge, in most cases, only considers evidence given at the original hearing before the ALJ.(2) The review judge may allow the parties to make oral argument when reviewing initial orders.[Statutory Authority: RCW 34.05.020, 34.05.220, 42 C.F.R. 431.10 (e)(3), 45 C.F…

(1) Any party may request a review judge to review the initial order.(2) If more than one party requests review, each request must meet the deadlines in WAC 388-02-0580.[Statutory Authority: RCW 34.05.020, 34.05.220, 42 C.F.R. 431.10 (e)(3), 45 C.F.R. 205.100 (b)(3), chapter 34.0…