(1) Review judges review initial orders and enter final orders. Review judges may return cases to OAH for further action.
(2) The review judge has the same decision-making authority as the ALJ when reviewing initial orders in the following cases, but must consider the ALJ's opportunity to observe the witnesses:
(a) Licensing, certification and related civil fines;
(b) Rate-making proceedings;
(c) Parent address disclosure;
(d) Temporary assistance to needy families (TANF);
(e) Working connections child care (WCCC);
(f) Medical assistance eligibility;
(g) Medical or dental services funded by Title XIX of the Social Security Act;
(h) Adoption support services; and
(i) Eligibility for client services funded by Title XIX of the Social Security Act and provided by the aging and disability services administration.
(3) In all other cases, the review judge may only change the initial order if:
(a) There are irregularities, including misconduct of a party or misconduct of the ALJ or abuse of discretion by the ALJ, that affected the fairness of the hearing;
(b) The findings of fact are not supported by substantial evidence based on the entire record;
(c) The decision includes errors of law;
(d) The decision needs to be clarified before the parties can implement it; or
(e) Findings of fact must be added because the ALJ failed to make an essential factual finding. The additional findings must be supported by substantial evidence in view of the entire record and must be consistent with the ALJ's findings that are supported by substantial evidence based on the entire record.
(4) Review judges may not review ALJ final orders. See WAC
388-02-0217 for cases in which the ALJ enters a final order.
(5) A review judge conducts the hearing and enters the final order in cases covered by WAC
388-02-0218.
[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. 08-21-144, § 388-02-0600, 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. 02-21-061, § 388-02-0600, filed 10/15/02, effective 11/15/02. Statutory Authority: RCW 34.05.020. 00-18-059, § 388-02-0600, filed 9/1/00, effective 10/2/00.]