WSR 24-21-046
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed October 9, 2024, 7:44 a.m., effective November 9, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The health care authority is amending WAC 182-526-0020 to clarify the meaning of good cause for applicants and recipients with rights to adjudicative proceedings.
Citation of Rules Affected by this Order: Amending WAC 182-526-0020.
Adopted under notice filed as WSR 24-16-088 on August 1, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: October 9, 2024.
Wendy Barcus
Rules Coordinator
OTS-5704.1
AMENDATORY SECTION(Amending WSR 17-05-066, filed 2/13/17, effective 3/16/17)
WAC 182-526-0020Good cause.
(1) Good cause is a substantial reason or legal justification allowing the administrative law judge (ALJ) to grant a party's request or to excuse their action or inaction, including granting a continuance or excusing a failure to appear at an administrative proceeding.
(2) To determine if there is good cause, the administrative law judge may consider the provisions of Superior Court Civil Rule 60 as a guideline. Good cause may include, but is not limited to, the following examples:
(a) The party who requested the hearing ignored a notice because ((he or she))the party was in the hospital or was otherwise prevented from responding; or
(b) The party who requested the hearing could not respond to the notice because it was written in a language that ((he or she))the party did not understand.
(3)
For applicants and recipients with rights to adjudicative proceedings, good cause for failing to meet a hearing deadline is further addressed in RCW 74.09.741.(4) The requestor bears the burden to show why a request should be granted or an action excused.