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Chapter 388-02 WAC

Last Update: 2/12/13

DSHS HEARING RULES

WAC Sections

GENERAL
What is the purpose and scope of this chapter?
What definitions apply to this chapter?
How do the terms in the Administrative Procedure Act (APA) compare to this chapter?
What does good cause mean?
ADDRESSES
Where is the office of administrative hearings located?
How do I contact the board of appeals?
DEADLINES
How are days counted when calculating deadlines for the hearing process?
When must the OAH reschedule a proceeding based on the amount of notice required?
When may the OAH shorten the amount of notice required to the parties of a proceeding?
FILING AND SERVING PAPERS
How do parties send documents?
What is service?
How does a party serve someone?
When must a party serve someone?
When is service complete?
How does a party prove service?
What is filing?
How does a party file documents?
RESOLUTION OF DISPUTES
What are your options for resolving a dispute with DSHS?
HEARING RIGHTS AND REQUESTS
Do you have a right to a hearing?
Who may request a hearing?
What if you have questions about requesting a hearing?
How do you request a hearing?
What information do you give when requesting a hearing?
What happens after you request a hearing?
May you withdraw your hearing request?
INTERPRETERS
Do you have the right to an interpreter in the hearing process?
What definitions apply to limited English proficient (LEP) parties?
What requirements apply to notices for limited English speaking parties?
What requirements apply to interpreters?
May you waive interpreter services?
What requirements apply to the use of interpreters?
What requirements apply to hearing decisions involving limited English speaking parties?
REPRESENTATION DURING THE HEARING PROCESS
Who represents you during the hearing process?
How does a party appear?
If a DSHS employee cannot represent you, can they assist you during the hearing process?
What if you would like to be represented by an attorney but you cannot afford one?
Who represents DSHS during the hearing?
PREHEARING MEETING WITH A DSHS REPRESENTATIVE
What is a prehearing meeting?
What happens during a prehearing meeting?
What happens after a prehearing meeting?
What happens if you do not participate in a prehearing meeting?
PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE
What is a prehearing conference?
When is a prehearing conference scheduled?
What happens during a prehearing conference?
What happens after a prehearing conference?
What happens if a party does not attend a prehearing conference?
ADMINISTRATIVE LAW JUDGES
What is the authority of the ALJ?
Is the authority of the administrative law judge and the review judge limited?
When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?
When do review judges conduct the hearing and enter final orders?
What rules and laws must an ALJ and review judge apply when conducting a hearing or making a decision?
How is the index of significant decisions used?
May an ALJ or review judge decide that a DSHS rule is invalid?
When is the ALJ assigned to the hearing?
May a party request a different judge?
How does a party file a motion of prejudice?
May an ALJ or review judge be disqualified?
NOTICES
What happens after you request a hearing, and when must the OAH provide notice of the hearing and prehearing conference?
What information must OAH include in the notice of hearing?
May the department amend a notice?
May you amend your hearing request?
Must you tell DSHS and OAH when your mailing address changes?
CONTINUANCES
What is a continuance?
Who may request a continuance?
DISMISSALS
What is an order of dismissal?
If your hearing is dismissed, may you request another hearing?
Where do you send a request to vacate an order of dismissal?
What is the deadline for vacating an order of dismissal?
How does an ALJ vacate an order of dismissal?
STAYS
May a party request a stay of DSHS action?
SUBPOENAS
May a party require witnesses to testify or provide documents?
Who may prepare a subpoena?
How is a subpoena served?
May the ALJ quash a subpoena?
Do you have to pay for a subpoena?
HEARING METHODS
How is your hearing held?
Is an ALJ present at your hearing?
Is your hearing recorded?
Who may attend your hearing?
May a party convert how a hearing is held?
How does a party convert how a hearing is held or how the witnesses or parties appear?
How are documents submitted for a telephone conference?
What happens at your hearing?
What is a group hearing?
May a party withdraw from a group hearing?
How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding?
EVIDENCE
What is evidence?
When may the parties bring in evidence?
What evidence may the parties present during the hearing?
What is a stipulation?
After the parties agree to a stipulation, may they change or reject it?
What are proposed exhibits?
Do the parties mark and number their proposed exhibits?
Who decides whether to admit proposed exhibits into the record?
What may a party do if they disagree with an exhibit?
When should an ALJ receive proposed exhibits for a telephone hearing?
What is judicial notice?
How does the ALJ respond to requests to take judicial notice?
WITNESSES
What is a witness?
Who may be a witness?
How do witnesses testify?
May the parties cross-examine a witness?
May witnesses refuse to answer questions?
PROOF
What evidence does an ALJ consider?
What does burden of proof mean?
What is the standard of proof?
How is a position proven at hearing?
What is equitable estoppel?
RECORD CLOSURE
What may an ALJ do before the record is closed?
When is the record closed?
What happens when the record is closed?
What is included in the hearing record?
HEARING DECISIONS
What happens after the record is closed?
What information must the ALJ include in the decision?
When do initial orders become final?
What if a party disagrees with the ALJ's decision?
CLERICAL ERRORS IN ALJ DECISIONS
How are clerical errors in ALJ decisions corrected?
How does a party ask for a corrected ALJ decision?
How much time do the parties have to ask for a corrected ALJ decision?
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)
What is review of an initial order by a review judge?
What evidence does the review judge consider in reviewing an initial order?
Who may request review of an initial order?
What must a party include in the review request?
What is the deadline for requesting review by a review judge?
Where does a party send the request for review by a review judge?
How does the party that is not requesting review respond to the review request?
What happens after the response deadline?
REVIEW JUDGES
What is the authority of the review judge?
REQUESTS FOR RECONSIDERATION OF FINAL ORDERS ENTERED BY OAH AND BOA
What if a party does not agree with a final order entered by OAH or BOA?
What is reconsideration?
What must a party include in the reconsideration request?
What is the deadline for requesting reconsideration?
Where does a party send a reconsideration request?
How does a party respond to a reconsideration request?
What happens after a party requests reconsideration?
REQUESTS FOR JUDICIAL REVIEW OF FINAL ORDERS
What is judicial review?
When must you ask for judicial review?
How do you serve your petition for judicial review?