The following definitions apply to this chapter:
"Administrative law judge (ALJ)" means an impartial decision-maker who is an attorney and presides at an administrative hearing. The office of administrative hearings (OAH), which is a state agency, employs the ALJs. ALJs are not department employees or department representatives.
"BOA" means the board of appeals.
"Business days" means all days except Saturdays, Sundays and legal holidays.
"Calendar days" means all days including Saturdays, Sundays and legal holidays.
"Date of the department action" means the date when the department's decision is effective.
"Deliver" means giving a document to someone in person.
"Department" means the department of social and health services.
"Documents" means papers, letters, writings, or other printed or written items.
"DSHS" means the department of social and health services.
"DSHS or department representative" means an employee of the department, a department contractor, or an assistant attorney general authorized to represent the department in an administrative hearing. Department representatives include, but are not limited to, claims officers and administrative hearing coordinators.
"Final order" means an order that is the final department decision.
means a proceeding before an ALJ or review judge that gives a party an opportunity to be heard in disputes about department programs. For purposes of this chapter, hearings include administrative hearings, adjudicative proceedings, and any other similar term referenced under chapter 34.05
RCW, the Administrative Procedure Act, Title 388 of the Washington Administrative Code (WAC), chapter 10-08
WAC, or other law.
"Initial order" is a hearing decision made by an ALJ that may be reviewed by a BOA review judge at either party's request.
"Judicial review" means a superior court's review of a final order.
"Mail" means placing a document in the mail with the proper postage.
"OAH" means the office of administrative hearings, a separate state agency from the department.
(1) The department or DSHS; or
(2) A person or entity:
(a) Named in a department action;
(b) To whom a department action is directed; or
(c) Allowed to participate in a hearing to protect an interest as authorized by law or rule.
"Prehearing conference" means a proceeding scheduled and conducted by an ALJ or review judge in preparation for a hearing.
"Prehearing meeting" means an informal voluntary meeting that may be held before any prehearing conference or hearing.
"Program" means a department organizational unit and the services that it provides, including services provided by department staff and through contracts with providers. Organizational units include, but are not limited to, administrations and divisions.
"Record" means the official documentation of the hearing process. The record includes recordings or transcripts, admitted exhibits, decisions, briefs, notices, orders, and other filed documents.
means a review judge evaluating initial orders entered by an ALJ and making the final agency decision as provided by RCW 34.05.464
, or issuing final orders.
means a decision-maker with expertise in department rules who is an attorney and serves as the reviewing officer under RCW 34.05.464
. In some cases, review judges conduct hearings and enter final orders. In other cases, they review initial orders and may make changes to correct any errors in an ALJ's initial order. After reviewing initial orders or conducting hearings, review judges enter final orders. Review judges are employed by the department, are located in the board of appeals (BOA), and are not part of the department program involved in the review. See WAC 388-02-0600
for information on the authority of a review judge.
"Rule" means a state regulation. Rules are found in the Washington Administrative Code (WAC).
"Should" means that an action is recommended but not required.
"Stay" means an order temporarily halting the department decision or action.
"You" means any individual or entity that has a right to be involved with the department hearing process, which includes a party or a party's representative. "You" does not include the department or its representative.
[Statutory Authority: RCW 34.05.310
(4) [34.05.020]. WSR 12-10-036, § 388-02-0010, filed 4/26/12, effective 5/27/12. Statutory Authority: RCW 34.05.020
, 34.05.220. WSR 11-04-074, § 388-02-0010, filed 1/31/11, effective 3/3/11. 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 34.05
RCW, Parts IV and V. WSR 08-21-144, § 388-02-0010, filed 10/21/08, effective 11/21/08. Statutory Authority: RCW 34.05.020
, chapter 34.05
RCW, Parts IV and V, 2002 c 371 § 211. WSR 02-21-061, § 388-02-0010, filed 10/15/02, effective 11/15/02. Statutory Authority: RCW 34.05.020
. WSR 00-18-059, § 388-02-0010, filed 9/1/00, effective 10/2/00.]