Washington Administrative Code

(1) A complaint submitted through the commission's online process may lead to a more formal inquiry under WAC 108-40-010 through 108-40-050 and/or 108-40-110.(2) If a school has a pattern of well-founded complaints against it, the commission may consider the pattern of well-found…

The purpose of this chapter is to provide rules for the department to implement the Public Records Act, chapter 42.56 RCW.[WSR 18-14-078, recodified as § 110-01-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-…

The definitions set forth in chapter 42.56 RCW shall apply to this chapter. The following definitions also apply to this chapter."Authorization" means a detailed document that gives the department permission to use or disclose confidential information records for specified purpos…

(1) The administrative office of the department is located at 1500 Jefferson Street, S.E., Olympia, Washington.(2) Field offices are located throughout the state and contact information can be found on the department's website, www.dcyf.wa.gov.[WSR 18-14-078, recodified as § 110-…

The department's director will appoint a public records officer (PRO) whose responsibility is to serve as a "point of contact" for members of the public seeking public records. The department will provide the public records officer's name and contact information by publishing it …

(1) The records retention schedule established by the division of state archives of the office of the secretary of state serves as an index for the identification and location of the department's records including those described in RCW 42.56.070(5).(2) The records retention sche…

Public records are available for inspection and copying during the department's normal business hours, Monday through Friday, 8 a.m. to 5 p.m., excluding legal holidays. A department staff person must be present at all times when a record is being inspected. Appointments are not …

The department will maintain its records in an organized manner and will take reasonable actions to protect records from damage and disorganization. Records available on the department's website, www.dcyf.wa.gov, are available to the public without a records request, and the depa…

(1) Public records requests should be made directly to the department's public records officer.(2) Public records requests may be made verbally or in writing.(a) Written requests may be sent by email to dcyf.publicrecords@dcyf.wa.gov, by fax to 360-725-4925 or mail. Requests may …

Within five business days of receiving the request, the department will either:(1) Provide the record;(2) Acknowledge the request and give a reasonable time estimate of how long the department will take to provide records;(3) Contact the requestor to clarify the request if it isn…

(1) A third party, such as a department client's attorney or lay representative, may access otherwise confidential records about a department client with a valid authorization.(2) The authorization should:(a) Identify the client;(b) Identify the individual(s) or organization(s) a…

(1) If records responsive to a public records request identify or pertain directly to an individual or organization other than the requestor, the department may notify the named individual or organization about the request.(2) The department's third-party notice may include:(a) A…

RCW 42.56.030 states that the Public Records Act "shall be liberally construed and its exemptions narrowly construed." The department will provide all records required by law. However, there are times when all or part of a record request may be denied, such as when:(1) The record…

(1) Public records and information may be exempt from disclosure or production under chapter 42.56 RCW or other state or federal laws. Commonly applicable exemptions include, but are not limited to, the following:(a) Under RCW 42.56.230(1), personal information in files maintaine…

If the department determines that a record is exempt from disclosure, the requestor will be informed in writing of the specific exemption authorizing DEL to withhold the record.[WSR 18-14-078, recodified as § 110-01-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW …

The department may redact (see WAC 170-01-0020) identifying details or other information when the information is not subject to disclosure. The requestor will be informed in writing of the exemptions authorizing the department to withhold information within a record.[WSR 18-14-07…

(1) All review requests must be in writing (letter, fax or email). All review requests must specify the part or parts of the denial or redaction that the requestor wishes to be reviewed.(2) If the department denies all or part of a request, or redacts any portion of a record, the…

(1) There is no cost to inspect public records.(2) Calculating the actual costs of charges for providing public records is unduly burdensome because the department does not have resources to conduct a study of actual costs for all requested records. In addition, conducting such a…

(1) Application. This chapter contains the procedural rules that apply to adjudicative proceedings involving the department of children, youth, and families (DCYF).(2) This chapter:(a) Where appropriate, establishes rules encouraging informal dispute resolution between DCYF and p…

The following definitions apply to this chapter:"Adjudicative proceeding" means a proceeding in which an opportunity for a hearing occurs before an administrative law judge (ALJ) concerning an administrative appeal of a DCYF action. Hearings and prehearing conferences are element…

(1) When counting days to determine when the time allowed or prescribed for an action under these rules or to meet a hearing deadline:(a) Do not include the day of the action, notice, or order. For example, if an initial order is mailed on Tuesday and a party has twenty-one days …

(1) A person or entity has a right to a hearing to appeal an action by DCYF only if a law or DCYF rule expressly gives that right and a hearing is requested in a timely manner. Except for public assistance cases, there is no good cause exception to the requirement to timely reque…

(1) A request for a hearing for DCYF actions must be made as provided in the notice sent by DCYF. The request for hearing can be made by the party requesting the hearing or by the party's representative.(2) The hearing request must include:(a) The requesting party's name, address…

(1) When a written request for a hearing is required, a party must file the request with OAH by one of the methods described in the definition of "file" in WAC 110-03-0020. Documents must be filed in a manner that shows proof of receipt.(2) The request must be filed using the OAH…

(1) Whenever service is required under this chapter, it must be made as described in the definition of "serve" or "service" in WAC 110-03-0020.(2) Service on DCYF should be made at the address provided in the notice of DCYF action.(3) Documents must be served in a manner that sho…

A party may prove that an opposing party was served with documents by providing any of the following:(1) A sworn statement by the person who served the document;(2) The certified mail receipt signed by the recipient;(3) An affidavit or certificate of mailing;(4) A signed receipt …

(1) The party requesting the hearing may represent themselves or may have another person act as a representative.(a) A representative may be either an attorney or a lay representative including, but not limited to, a friend, relative, community advocate, or paralegal.(b) Current …

(1) If a party or witness has LEP, OAH will provide an interpreter during the hearing at no cost to the party or witness.(2) If OAH is notified that a party is a LEP person, all notices concerning hearings must:(a) Be written in the party's primary language; or(b) Include a state…

(1) OAH must provide a qualified interpreter pursuant to chapters 2.42 and 2.43 RCW to assist any LEP party or witness in a hearing.(2) OAH may hire or contract with persons to interpret at hearings.(3) Neither relatives of any party nor DCYF employees may be used as interpreters…

(1) A party who is eligible for appointment of a qualified interpreter under chapter 2.42 or 2.43 RCW may waive interpreter services.(2) A request for waiver must be made in writing or through a qualified interpreter on the record. When the request is made by a hearing-impaired p…

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

(1) When an interpreter is used at a hearing, the ALJ must explain on the record that decisions are written in English and that OAH will provide an interpreter for a sight translation of the decision at no cost to the party needing interpreter services.(2) OAH must provide the pa…

(1) When a hearing is requested, OAH serves the parties and their representatives, including all persons who have filed written petitions to intervene, with a written notice of the hearing date. The notice must be served not fewer than seven business days before the hearing date.…

(1) An ALJ or other 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. The ALJ may allow intervention if:(a) The intervenor is not a party to the matter but has a substantial interes…

(1) One or more prehearing conferences may be required and conducted by an ALJ before a hearing. A prehearing conference may be set on the initiative of the ALJ or upon request of a party.(2) OAH will send notice of the time and date of a prehearing conference to all parties and …

(1) The purposes of the prehearing conferences are to clarify issues, set deadlines for the parties to exchange information regarding witnesses and evidence, and set the time for the hearing.(2) During a prehearing conference, the parties and the ALJ may:(a) Simplify or clarify t…

(1) After the prehearing conference ends, the ALJ will serve a prehearing conference order describing:(a) The decisions made or actions taken during the conference;(b) Any changes to DCYF's or any other party's initial documents; and(c) Any agreements reached.(2) A party may obje…

(1) OAH assigns an ALJ at least five business days before the hearing. A party or a party's representative may learn which ALJ is assigned to the hearing by calling or writing to the OAH field office listed on the notice of hearing.(2) A party may request a different ALJ under RC…

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

(1) Neither an ALJ nor a review judge may decide that a DCYF rule is invalid or unenforceable. Only a superior or appellate court may decide this issue.(2) If the validity of a DCYF rule is raised during the hearing, the ALJ or review judge may allow evidence and argument for lat…

(1) The ALJ must allow DCYF to amend (change) the notice of DCYF action before or during the hearing to match the evidence and facts.(2) If DCYF amends its notice, it must do so in writing and serve a copy on OAH and the other parties and their representatives at the same time.(3…

(1) The parties and their representatives must contact DCYF and OAH as soon as possible to update any changed name, mailing address, or telephone contact information.(2) Unless informed of a different mailing address by a party or representative before documents are mailed by OAH…

(1) Any party or party's representative may request a continuance either orally or in writing and must notify all other parties of the request at the same time the request is made.(2) Before contacting the ALJ to request a continuance, a party and the party's representative are e…

(1) A party's failure to request a hearing to challenge a DCYF action within the time limit required by statute or rule results in the action becoming final and the loss of any right to a hearing. A final order resulting from a party's failure to timely request a hearing may not …

(1) A party may ask the ALJ to vacate (set aside) an order of default or dismissal that is not due to a party's failure to timely request a hearing to appeal a DCYF action, as provided in WAC 110-03-0260(1).(2) An agreed order of dismissal may be vacated only upon proof that a pa…

Unless specific program rules or law provide otherwise, the appealing party may request that an ALJ or review judge stay (stop) a DCYF action until there is a decision entered by the ALJ or review judge. Stay of summary suspension of child care license actions are governed by WAC…

(1) The department may immediately and summarily suspend a child care license when:(a) It finds that conditions in the licensed facility constitute an imminent danger to a child or children in care; or(b) The public health, safety, or welfare requires emergency action.(2) Pursuan…

(1) Hearings may be held in person or by telephone conference or other electronic means.(2) Parties and their witnesses may appear in person or by telephone conference as determined by the ALJ. An ALJ may require parties or their witnesses to appear in person if the ALJ determine…

(1) The ALJ must hear and decide the issues de novo (anew) based on what is presented during the hearing. The ALJ's authority is limited to determining whether the action taken by the department was justified based on the evidence presented during the hearing. The ALJ does not ha…

(1) At the hearing, the ALJ:(a) Explains the rights of the parties;(b) Marks and admits or rejects exhibits;(c) Sustains or overrules objections made by the parties, as provided by law;(d) Ensures that a record is made;(e) Explains that a decision is mailed after the hearing; and…