What if a party disagrees with the ALJ's decision?
(1) If a party disagrees with an ALJ's initial or final order because of a clerical error, the party may ask for a corrected decision from the ALJ as provided in WAC 388-02-0540
(2) If a party disagrees with an initial order and wants it changed, the party must request review by a review judge as provided in WAC 388-02-0560
If a party wants to stay the DSHS action until review of the initial order is completed, the party must request a stay from a review judge.
(3) Final orders entered by ALJs may not be reviewed by a review judge.
(4) If a party disagrees with an ALJ's final order, the party may request reconsideration as provided in WAC 388-02-0605
. You may also petition for judicial review of the final order as stated in WAC 388-02-0640
. You do not need to file a request for reconsideration of the final order before petitioning for judicial review. DSHS may not request judicial review of an ALJ's or review judge's final order.
[Statutory Authority: RCW 34.05.020
, 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, § 388-02-0530, 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, § 388-02-0530, filed 10/15/02, effective 11/15/02. Statutory Authority: RCW 34.05.020
. WSR 00-18-059, § 388-02-0530, filed 9/1/00, effective 10/2/00.]