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Chapter 388-02 WAC

Last Update: 2/12/13

DSHS HEARING RULES(Formerly chapter 388-08 WAC)

WAC Sections

GENERAL
388-02-0005 What is the purpose and scope of this chapter?
388-02-0010 What definitions apply to this chapter?
388-02-0015 How do the terms in the Administrative Procedure Act (APA) compare to this chapter?
388-02-0020 What does good cause mean?
ADDRESSES
388-02-0025 Where is the office of administrative hearings located?
388-02-0030 How do I contact the board of appeals?
DEADLINES
388-02-0035 How are days counted when calculating deadlines for the hearing process?
388-02-0037 When must the OAH reschedule a proceeding based on the amount of notice required?
388-02-0038 When may the OAH shorten the amount of notice required to the parties of a proceeding?
FILING AND SERVING PAPERS
388-02-0040 How do parties send documents?
388-02-0045 What is service?
388-02-0050 How does a party serve someone?
388-02-0055 When must a party serve someone?
388-02-0060 When is service complete?
388-02-0065 How does a party prove service?
388-02-0070 What is filing?
388-02-0075 How does a party file documents?
RESOLUTION OF DISPUTES
388-02-0080 What are your options for resolving a dispute with DSHS?
HEARING RIGHTS AND REQUESTS
388-02-0085 Do you have a right to a hearing?
388-02-0090 Who may request a hearing?
388-02-0095 What if you have questions about requesting a hearing?
388-02-0100 How do you request a hearing?
388-02-0105 What information do you give when requesting a hearing?
388-02-0110 What happens after you request a hearing?
388-02-0115 May you withdraw your hearing request?
INTERPRETERS
388-02-0120 Do you have the right to an interpreter in the hearing process?
388-02-0125 What definitions apply to limited English proficient (LEP) parties?
388-02-0130 What requirements apply to notices for limited English speaking parties?
388-02-0135 What requirements apply to interpreters?
388-02-0140 May you waive interpreter services?
388-02-0145 What requirements apply to the use of interpreters?
388-02-0150 What requirements apply to hearing decisions involving limited English speaking parties?
REPRESENTATION DURING THE HEARING PROCESS
388-02-0155 Who represents you during the hearing process?
388-02-0157 How does a party appear?
388-02-0160 If a DSHS employee cannot represent you, can they assist you during the hearing process?
388-02-0165 What if you would like to be represented by an attorney but you cannot afford one?
388-02-0170 Who represents DSHS during the hearing?
PREHEARING MEETING WITH A DSHS REPRESENTATIVE
388-02-0175 What is a prehearing meeting?
388-02-0180 What happens during a prehearing meeting?
388-02-0185 What happens after a prehearing meeting?
388-02-0190 What happens if you do not participate in a prehearing meeting?
PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE
388-02-0195 What is a prehearing conference?
388-02-0197 When is a prehearing conference scheduled?
388-02-0200 What happens during a prehearing conference?
388-02-0205 What happens after a prehearing conference?
388-02-0210 What happens if a party does not attend a prehearing conference?
ADMINISTRATIVE LAW JUDGES
388-02-0215 What is the authority of the ALJ?
388-02-0216 Is the authority of the administrative law judge and the review judge limited?
388-02-0217 When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?
388-02-0218 When do review judges conduct the hearing and enter final orders?
388-02-0220 What rules and laws must an ALJ and review judge apply when conducting a hearing or making a decision?
388-02-0221 How is the index of significant decisions used?
388-02-0225 May an ALJ or review judge decide that a DSHS rule is invalid?
388-02-0230 When is the ALJ assigned to the hearing?
388-02-0235 May a party request a different judge?
388-02-0240 How does a party file a motion of prejudice?
388-02-0245 May an ALJ or review judge be disqualified?
NOTICES
388-02-0250 What happens after you request a hearing, and when must the OAH provide notice of the hearing and prehearing conference?
388-02-0255 What information must OAH include in the notice of hearing?
388-02-0260 May the department amend a notice?
388-02-0265 May you amend your hearing request?
388-02-0270 Must you tell DSHS and OAH when your mailing address changes?
CONTINUANCES
388-02-0275 What is a continuance?
388-02-0280 Who may request a continuance?
DISMISSALS
388-02-0285 What is an order of dismissal?
388-02-0290 If your hearing is dismissed, may you request another hearing?
388-02-0295 Where do you send a request to vacate an order of dismissal?
388-02-0300 What is the deadline for vacating an order of dismissal?
388-02-0305 How does an ALJ vacate an order of dismissal?
STAYS
388-02-0310 May a party request a stay of DSHS action?
SUBPOENAS
388-02-0315 May a party require witnesses to testify or provide documents?
388-02-0320 Who may prepare a subpoena?
388-02-0325 How is a subpoena served?
388-02-0330 May the ALJ quash a subpoena?
388-02-0335 Do you have to pay for a subpoena?
HEARING METHODS
388-02-0340 How is your hearing held?
388-02-0345 Is an ALJ present at your hearing?
388-02-0350 Is your hearing recorded?
388-02-0355 Who may attend your hearing?
388-02-0360 May a party convert how a hearing is held?
388-02-0365 How does a party convert how a hearing is held or how the witnesses or parties appear?
388-02-0370 How are documents submitted for a telephone conference?
388-02-0375 What happens at your hearing?
388-02-0380 What is a group hearing?
388-02-0385 May a party withdraw from a group hearing?
388-02-0387 How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding?
EVIDENCE
388-02-0390 What is evidence?
388-02-0395 When may the parties bring in evidence?
388-02-0400 What evidence may the parties present during the hearing?
388-02-0405 What is a stipulation?
388-02-0410 After the parties agree to a stipulation, may they change or reject it?
388-02-0415 What are proposed exhibits?
388-02-0420 Do the parties mark and number their proposed exhibits?
388-02-0425 Who decides whether to admit proposed exhibits into the record?
388-02-0430 What may a party do if they disagree with an exhibit?
388-02-0435 When should an ALJ receive proposed exhibits for a telephone hearing?
388-02-0440 What is judicial notice?
388-02-0445 How does the ALJ respond to requests to take judicial notice?
WITNESSES
388-02-0450 What is a witness?
388-02-0455 Who may be a witness?
388-02-0460 How do witnesses testify?
388-02-0465 May the parties cross-examine a witness?
388-02-0470 May witnesses refuse to answer questions?
PROOF
388-02-0475 What evidence does an ALJ consider?
388-02-0480 What does burden of proof mean?
388-02-0485 What is the standard of proof?
388-02-0490 How is a position proven at hearing?
388-02-0495 What is equitable estoppel?
RECORD CLOSURE
388-02-0500 What may an ALJ do before the record is closed?
388-02-0505 When is the record closed?
388-02-0510 What happens when the record is closed?
388-02-0512 What is included in the hearing record?
HEARING DECISIONS
388-02-0515 What happens after the record is closed?
388-02-0520 What information must the ALJ include in the decision?
388-02-0525 When do initial orders become final?
388-02-0530 What if a party disagrees with the ALJ's decision?
CLERICAL ERRORS IN ALJ DECISIONS
388-02-0540 How are clerical errors in ALJ decisions corrected?
388-02-0545 How does a party ask for a corrected ALJ decision?
388-02-0550 How much time do the parties have to ask for a corrected ALJ decision?
388-02-0555 What happens when a party requests a corrected ALJ decision?
REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4)
388-02-0560 What is review of an initial order by a review judge?
388-02-0565 What evidence does the review judge consider in reviewing an initial order?
388-02-0570 Who may request review of an initial order?
388-02-0575 What must a party include in the review request?
388-02-0580 What is the deadline for requesting review by a review judge?
388-02-0585 Where does a party send the request for review by a review judge?
388-02-0590 How does the party that is not requesting review respond to the review request?
388-02-0595 What happens after the response deadline?
REVIEW JUDGES
388-02-0600 What is the authority of the review judge?
REQUESTS FOR RECONSIDERATION OF FINAL ORDERS ENTERED BY OAH AND BOA
388-02-0605 What if a party does not agree with a final order entered by OAH or BOA?
388-02-0610 What is reconsideration?
388-02-0615 What must a party include in the reconsideration request?
388-02-0620 What is the deadline for requesting reconsideration?
388-02-0625 Where does a party send a reconsideration request?
388-02-0630 How does a party respond to a reconsideration request?
388-02-0635 What happens after a party requests reconsideration?
REQUESTS FOR JUDICIAL REVIEW OF FINAL ORDERS
388-02-0640 What is judicial review?
388-02-0645 When must you ask for judicial review?
388-02-0650 How do you serve your petition for judicial review?