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PDFWAC 388-02-0085

Do you have a right to a hearing?

(1) You have a right to a hearing only if a law or DSHS rule gives you that right. If you are not sure, you should request a hearing to protect your right.
(2) Some DSHS programs may require you to go through an informal administrative process before you can request or have a hearing. The notice of DSHS action sent to you should include information about this requirement if it applies.
(3) You have a limited time to request a hearing. The deadline for your request varies by the DSHS program involved. You should submit your request right away to protect your right to a hearing, even if you are also trying to resolve your dispute informally. For public assistance cases, if an applicant or recipient does not file a request for a hearing within 90 calendar days after receiving notice of an aggrieving decision, the request may still be filed within one year of the aggrieving decision upon a showing of good cause. For purposes of public assistance cases, as defined in RCW 74.08.080, good cause for not requesting a hearing before the deadline may include, but is not limited to: military deployment, medical reasons, housing instability, language barriers, or domestic violence.
(4) If you request a hearing, one is scheduled.
(5) If DSHS or the ALJ questions your right to a hearing, the ALJ decides whether you have that right.
(6) If the ALJ decides you do not have a right to a hearing, your request is dismissed.
(7) If the ALJ decides you do have a right to a hearing, the hearing proceeds.
[Statutory Authority: RCW 34.05.220, 43.17.060, 43.20A.075, and 74.08.080(2). WSR 24-06-040, § 388-02-0085, filed 2/29/24, effective 4/1/24. Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0085, filed 9/1/00, effective 10/2/00.]
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