Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-11-340 - Opportunity for show cause hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A license holder's request for a show
				  cause hearing must be filed within twenty days of the service of the summary
				  action. A license holder must also respond to the statement of charges by
				  requesting a hearing or an extension of time as provided in
				  RCW
				     18.130.090.
(2) The show cause hearing will be conducted
				  by a panel of the board within fourteen days of the license holder filing the
				  show cause hearing request.
(3)
				  Unless otherwise specified by the presiding officer, the license holder must
				  file, and deliver a copy to the department's attorney, any documents or written
				  testimony to be admitted into evidence at the show cause hearing by noon on the
				  fourth business day after filing the show cause hearing request.
(4) Unless otherwise specified by the
				  presiding officer, the department must file, and deliver a copy to the license
				  holder's attorney or to the license holder if not represented by counsel, any
				  rebuttal documents or written testimony to be admitted into evidence at the
				  show cause hearing by noon on the seventh business day after the date the show
				  cause hearing request was filed, but no less than the close of business two
				  business days before the show cause hearing.
(5) In reviewing the order of summary action,
				  the show cause hearing panel will consider the statement of charges, the
				  motions and documents supporting the request for summary action, the license
				  holder's answer to the statement of charges, documentary evidence or written
				  testimony presented by the license holder and department in rebuttal that is
				  timely filed pursuant to subsections (3) and (4) of this section, and unless
				  waived, the parties will be given an opportunity for oral argument.
(6) In cases under
				  RCW
				     18.130.050(8)(a) and
				  18.130.370,
				  the department has the burden of proving at the show cause hearing that the
				  licensee is prohibited from practicing a health profession in another state,
				  federal, or foreign jurisdiction and that the conduct is substantially
				  equivalent to unprofessional conduct. A copy of the order, stipulation, or
				  agreement from a competent authority in another state, federal, or foreign
				  jurisdiction showing that a license is prohibited from practicing their health
				  profession is prima facie evidence that the requirements of
				  RCW
				     34.05.479(1) and (2)    have
				  been met.
(7) In cases under
				  RCW
				     18.130.050(8)(b), the
				  department has the burden of proving at the show cause hearing that the
				  licensee is prohibited from employment in the care of vulnerable adults based
				  upon a department of social and health service's final finding of abuse or
				  neglect of a minor or abuse or abandonment, neglect, or financial exploitation
				  of a vulnerable adult.
(8) The show
				  cause panel will issue an order and may overturn, uphold or amend the summary
				  suspension or restriction.
(9)
				  Within forty-five days of a determination by the panel of the board to sustain
				  the summary suspension or place restrictions on the license, the license holder
				  may request a full hearing on the statement of charges on the merits of the
				  disciplining authority's decision to suspend or restrict the license. A full
				  hearing must be provided within forty-five days of receipt of the request for a
				  hearing, unless stipulated otherwise.
Statutory Authority:
						RCW
						   18.130.135 and
						43.70.040. 09-03-089, §
						246-11-340, filed 1/20/09, effective 2/20/09. Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-340, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						34.05.479. 93-08-003 (Order 347),
						§ 246-11-340, filed 3/24/93, effective
						4/24/93.