reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0120 - Do you have the right to an interpreter in the hearing process?

Current through Register Vol. 24-14, July 15, 2024
If you need an interpreter because you or any of your
					 witnesses are a person with limited English proficiency, OAH will provide an
					 interpreter at no cost to you.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0120,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0125 - What definitions apply to limited English proficient (LEP) parties?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to LEP parties:
"Hearing impaired person"
means a person who,
					 because of a hearing or speech impairment, cannot readily speak, understand or
					 communicate in spoken language.
"Intermediary interpreter"
means an
					 interpreter who:
(1) Is a certified
				  deaf interpreter (CDI); and
(2) Is
				  able to assist in providing an accurate interpretation between spoken and sign
				  language or between types of sign language by acting as an intermediary between
				  a hearing impaired person and a qualified interpreter.
"Limited English proficient (LEP)"
includes
					 limited English speaking persons or other persons unable to communicate in
					 spoken English because of a hearing impairment.
"Limited English-speaking (LES) person"
means
					 a person who, because of non-English speaking cultural background or
					 disability, cannot readily speak or understand the English language.
"Qualified interpreter"
includes qualified
					 interpreters for a limited English-speaking person or a person with a hearing
					 impairment.
"Qualified interpreter for a limited English-speaking
					 person"
means a person who is readily able to interpret or translate
					 spoken and written English communications to and from a limited
					 English-speaking person. If an interpreter is court certified, the interpreter
					 is considered qualified.
"Qualified interpreter for a person with a hearing
					 impairment"
means a visual language interpreter who is certified by the
					 registry of interpreters for the deaf or National Association of the Deaf and
					 is readily able to interpret or translate spoken communications to and from a
					 hearing impaired person.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0125,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0130 - What requirements apply to notices for limited English speaking parties?

Current through Register Vol. 24-14, July 15, 2024
If OAH is notified that you are a limited English-speaking
					 person, all hearing notices, decisions and orders for you must:
(1) Be written in your primary language;
				  or
(2) Include a statement in your
				  primary language:
(a) Indicating the
				  importance of the notice; and
(b)
				  Telling you how to get help in understanding the notice and responding to
				  it.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0135 - What requirements apply to interpreters?

Current through Register Vol. 24-14, July 15, 2024
(1) OAH must provide a qualified interpreter
				  to assist any person who:
(a) Has limited
				  English proficiency; and
(b) Is a
				  party or witness in a hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0140 - May you waive interpreter services?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are limited English proficient,
				  you may ask to waive interpreter services.
(2) You must make your request in writing or
				  through a qualified interpreter on the record.
(3) The ALJ must determine if your waiver has
				  been knowingly and voluntarily made.
(4) You may withdraw your waiver at any time
				  before or during the hearing.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0140,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0145 - What requirements apply to the use of interpreters?

Current through Register Vol. 24-14, July 15, 2024
(1) Interpreters
				  must:
(a) Use the interpretive mode that the
				  parties, the hearing impaired person the interpreter and the ALJ consider the
				  most accurate and effective;
(b)
				  Interpret statements made by the parties and the ALJ;
(c) Not disclose information about the
				  hearing without the written consent of the parties; and
(d) Not comment on the hearing or give legal
				  advice.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › INTERPRETERS › Section 388-02-0150 - What requirements apply to hearing decisions involving limited English speaking parties?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
				  interpreter is used at a hearing, the ALJ must explain that the decision is
				  written in English but that a party using an interpreter may contact the
				  interpreter for an oral translation of the decision at no cost to
				  you.
(2) Interpreters must provide
				  a telephone number where they can be reached. This number must be attached to
				  any decision or order mailed to the parties.
(3) OAH or BOA must mail a copy of a decision
				  or order to the interpreter for use in oral translation.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0150,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REPRESENTATION DURING THE HEARING PROCESS › Section 388-02-0155 - Who represents you during the hearing process?

Current through Register Vol. 24-14, July 15, 2024
(1) You may represent yourself or have anyone
				  represent you, except a DSHS employee.
(2) Your representative may be a friend,
				  relative, community advocate, attorney, or paralegal.
(3) You should inform DSHS or OAH of your
				  representatives name, address, and telephone number.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0155,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REPRESENTATION DURING THE HEARING PROCESS › Section 388-02-0157 - How does a party appear?

Current through Register Vol. 24-14, July 15, 2024
(1) If you
				  are going to represent yourself, you should provide the ALJ and other parties
				  with your name, address, and telephone number.
(2) If you are represented, your
				  representative should provide the ALJ and other parties with the
				  representative's name, address, and telephone number.
(3) The presiding officer may require your
				  representative to file a written notice of appearance or to provide
				  documentation that you have authorized the representative to appear on your
				  behalf. In cases involving confidential information, your representative must
				  file a signed written release of information on department form
				  17-063.
(4) If your representative
				  is an attorney admitted to practice in this state, your attorney must file a
				  written notice of appearance, and must file a notice of withdrawal upon
				  withdrawal of representation.
(5)
				  If you or your representative have put in a written notice of appearance, the
				  ALJ should call the telephone number on the notice of appearance if you or your
				  representative do not appear by calling in with a telephone number before a
				  hearing (including a prehearing).
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0157, filed 1/31/11, effective
						3/3/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REPRESENTATION DURING THE HEARING PROCESS › Section 388-02-0160 - If a DSHS employee cannot represent you, can they assist you during the hearing process?

Current through Register Vol. 24-14, July 15, 2024
Although DSHS employees cannot represent you during the
					 hearing process, they may assist you by:
(1) Acting as a witness;
(2) Referring you to community legal
				  resources;
(3) Helping you get
				  nonconfidential information; or
(4)
				  Informing you about or providing copies of the relevant laws or
				  rules.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0160,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REPRESENTATION DURING THE HEARING PROCESS › Section 388-02-0165 - What if you would like to be represented by an attorney but you cannot afford one?

Current through Register Vol. 24-14, July 15, 2024
(1) Neither DSHS
				  nor OAH will pay for an attorney.
(2) If you want an attorney to represent you
				  and cannot afford one, community resources may be available to assist you.
				  These legal services may be free or available at a reduced cost. DSHS or OAH
				  can tell you who to contact for legal assistance.
(3) Information about legal assistance can
				  also be found at
www.oah.wa.gov
.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0165,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REPRESENTATION DURING THE HEARING PROCESS › Section 388-02-0170 - Who represents DSHS during the hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) A DSHS employee, DSHS contractor, or the
				  office of the attorney general represents DSHS during the hearing. The DSHS
				  representative may or may not be an attorney.
(2) An ALJ is independent and does not
				  represent DSHS or any other party.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0170,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING MEETING WITH A DSHS REPRESENTATIVE › Section 388-02-0175 - What is a prehearing meeting?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A prehearing meeting is an informal meeting with a DSHS representative that may
				  be held before any prehearing conference or hearing.
(2) A DSHS representative may contact you
				  before the scheduled hearing to arrange a prehearing meeting. You may also
				  contact DSHS to request a prehearing meeting.
(3) A prehearing meeting is voluntary. You
				  are not required to request one and you are not required to participate in
				  one.
(4) The prehearing meeting
				  includes you and/or your representative, the DSHS representative, and any other
				  party. An ALJ does not attend a prehearing meeting.
(5) The prehearing meeting gives the parties
				  an opportunity to:
(a) Clarify
				  issues;
(b) Exchange documents and
				  witness statements;
(c) Resolve
				  issues through agreement or withdrawal; and
(d) Ask questions about the hearing process
				  and the laws and rules that apply.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING MEETING WITH A DSHS REPRESENTATIVE › Section 388-02-0180 - What happens during a prehearing meeting?

Current through Register Vol. 24-14, July 15, 2024
During a prehearing meeting:
(1) A DSHS representative:
(a) Explains the role of the DSHS
				  representative in the hearing process;
(b) Explains how a hearing is conducted and
				  the relevant laws and rules that apply;
(c) Explains your right to representation
				  during the hearing;
(d) Responds to
				  your questions about the hearing process;
(e) Identifies accommodation and safety
				  issues;
(f) Distributes copies of
				  the DSHS documents to be presented during the hearing;
(g) Provides, upon request, copies of
				  relevant laws and rules;
(h)
				  Identifies additional documents or evidence you may want or be required to
				  present during the hearing;
(i)
				  Tells you how to obtain documents from your file;
(j) Clarifies the issues; and
(k) Attempts to settle the dispute, if
				  possible.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING MEETING WITH A DSHS REPRESENTATIVE › Section 388-02-0185 - What happens after a prehearing meeting?

Current through Register Vol. 24-14, July 15, 2024
(1) If you and DSHS resolve the dispute
				  during the prehearing meeting and put it in writing or present the agreement to
				  an ALJ, your agreement may be legally enforceable.
(2) Any agreements or stipulations made at
				  the prehearing meeting must be presented to an ALJ before or during the
				  hearing, if you want the ALJ to consider the agreement.
(3) If all of your issues are not resolved in
				  the prehearing meeting, you may request a prehearing conference before an ALJ
				  or go to your scheduled hearing. The ALJ may also order a prehearing
				  conference.
(4) You may withdraw
				  your hearing request at any time if DSHS agrees to some action that resolves
				  your dispute, or for any other reason. If you withdraw your hearing request,
				  the hearing is not held and the ALJ sends a written order of
				  dismissal.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0185,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING MEETING WITH A DSHS REPRESENTATIVE › Section 388-02-0190 - What happens if you do not participate in a prehearing meeting?

Current through Register Vol. 24-14, July 15, 2024
You are not required to participate in a prehearing
					 meeting. If you do not participate, it does not affect your right to a
					 hearing.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0190,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE › Section 388-02-0195 - What is a prehearing conference?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A prehearing conference is a formal proceeding conducted on the record by an
				  ALJ to prepare for a hearing. The ALJ must record the prehearing conference
				  using audio recording equipment (such as a digital recorder or tape
				  recorder).
(2) An ALJ may conduct
				  the prehearing conference in person, by telephone conference call, or in any
				  other manner acceptable to the parties. Your attendance is mandatory.
(3) You may lose the right to participate
				  during the hearing if you do not attend the prehearing conference.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0195, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0195,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE › Section 388-02-0197 - When is a prehearing conference scheduled?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ may require a prehearing
				  conference. Any party may request a prehearing conference.
(2) The ALJ must grant the first request for
				  a prehearing conference if it is received by the OAH at least seven business
				  days before the scheduled hearing date.
(3) The ALJ may grant untimely or additional
				  requests for prehearing conferences.
(4) If the parties do not agree to a
				  continuance, the OAH and/or the ALJ must set a prehearing conference to decide
				  whether there is good cause to grant or deny the continuance.
(5) The OAH must schedule prehearing
				  conferences for all cases which concern actions of the following department
				  programs:
(a) Adult protective services;
				  and
(b) The division of residential
				  care services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE › Section 388-02-0200 - What happens during a prehearing conference?

Current through Register Vol. 24-14, July 15, 2024
During a prehearing conference the parties and the ALJ
					 may:
(1) Simplify or clarify the
				  issues to be decided during the hearing;
(2) Agree to the date, time and place of the
				  hearing;
(3) Identify accommodation
				  and safety issues:
(4) Agree to
				  postpone the hearing;
(5) Allow the
				  parties to make changes in their own documents, including the DSHS notice or
				  the hearing request;
(6) Agree to
				  facts and documents to be entered during the hearing;
(7) Set a deadline to exchange names and
				  phone numbers of witnesses and documents before the hearing;
(8) Schedule additional prehearing
				  conferences;
(9) Resolve the
				  dispute;
(10) Consider granting a
				  stay if authorized by law or DSHS rule; or
(11) Determine any other procedural issues
				  raised by the parties.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0200,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE › Section 388-02-0205 - What happens after a prehearing conference?

Current through Register Vol. 24-14, July 15, 2024
(1) After the prehearing conference ends, the
				  ALJ must enter a written prehearing order describing:
(a) The actions taken;
(b) Any changes to the documents;
(c) Any agreements reached; and
(d) Any ruling of the ALJ.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE › Section 388-02-0210 - What happens if a party does not attend a prehearing conference?

Current through Register Vol. 24-14, July 15, 2024
(1) All parties are
				  required to attend a prehearing conference.
(2) If you do not attend, you may not be
				  allowed to participate in the hearing. The ALJ may dismiss your hearing request
				  or enter an order of default against you.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0210, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0210,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0215 - What is the authority of the ALJ?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ must hear and decide the issues
				  de novo (anew) based on what is presented during the hearing.
(2) As needed, the ALJ may:
(a) Determine the order for presenting
				  evidence;
(b) Issue subpoenas or
				  orders directing witnesses to appear or bring documents;
(c) Rule on objections, motions, and other
				  procedural matters;
(d) Rule on an
				  offer of proof made to admit evidence;
(e) Admit relevant evidence;
(f) Impartially question witnesses to develop
				  the record;
(g) Call additional
				  witnesses and request exhibits to complete the record;
(h) Give the parties an opportunity to
				  cross-examine witnesses or present more evidence against the witnesses or
				  exhibits;
(i) Keep order during the
				  hearing;
(j) Allow or require oral
				  or written argument and set the deadlines for the parties to submit argument or
				  evidence;
(k) Permit others to
				  attend, photograph or electronically record hearings, but may place conditions
				  to preserve confidentiality or prevent disruption;
(l) Allow a party to waive rights given by
				  chapters
				  34.05 RCW or 388-02 WAC,
				  unless another law prevents it;
(m)
				  Decide whether a party has a right to a hearing;
(n) Issue protective orders;
(o) Consider granting a stay if authorized by
				  law or DSHS rule; and
(p) Take any
				  other action necessary and authorized under these or other rules.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0216 - Is the authority of the administrative law judge and the review judge limited?

Current through Register Vol. 24-14, July 15, 2024
The authority of the ALJ and the review judge is limited to
					 those powers conferred (granted) by statute or rule. The ALJ and the review
					 judge do not have any inherent or common law powers.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0216, filed 1/31/11, effective
						3/3/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0217 - When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?

Current through Register Vol. 24-14, July 15, 2024
(1) As
				  provided for in WAC
				  388-02-0218, ALJs do not conduct
				  hearings involving cases brought by contractors for the delivery of nursing
				  facility services under WAC
				  388-96-904(5).
(2) ALJs conduct the hearing and enter the
				  hearing decision as a final order only in cases pertaining to:
(a) Eligibility for the following programs:
(i) Food assistance;
(ii) General assistance, except for general
				  assistance expedited medicaid (GAX);
(iii) Refugee assistance; or
(iv) Telephone assistance.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0218 - When do review judges conduct the hearing and enter final orders?

Current through Register Vol. 24-14, July 15, 2024
(1) Review judges
				  conduct the hearing and enter the final order in cases where a contractor for
				  the delivery of nursing facility services requests an administrative hearing
				  under WAC
				  388-96-904(5).
				  Any party dissatisfied with a decision or an order of dismissal of a review
				  judge may request reconsideration from the review judge as provided by this
				  chapter and WAC
				  388-96-904(12).
				  Following a review judge's decision, you, but not DSHS, may file a petition for
				  judicial review as provided by this chapter and WAC
				  388-96-904(13).
(2) A review judge has the same authority as
				  an ALJ, as described in WAC
				  388-02-0215, when conducting a
				  hearing.
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, § 388-02-0218, filed 10/21/08, effective
						11/21/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0220 - What rules and laws must an ALJ and review judge apply when conducting a hearing or making a decision?

Current through Register Vol. 24-14, July 15, 2024
(1) ALJs and
				  review judges must first apply the department rules adopted in the Washington
				  Administrative Code.
(2) If no
				  department rule applies, the ALJ or review judge must decide the issue
				  according to the best legal authority and reasoning available, including
				  federal and Washington state constitutions, statutes, regulations, and court
				  decisions.
(3) When applying
				  program rules regarding the substantive rights and responsibilities of the
				  parties (such as eligibility for services, benefits, or a license), the ALJ and
				  review judge must apply the program rules in effect on the date of the
				  department action, unless otherwise required by other rule or law. If the
				  department amends its notice of the action, the ALJ and review judge must apply
				  the rules in effect on the date the action was taken, unless otherwise required
				  by other rule or law.
(4) When
				  applying program rules regarding the procedural rights and responsibilities of
				  the parties, the ALJ and review judge must apply the rules that are in effect
				  on the date the procedure is followed.
(5) Program rules determine the amount of
				  time the department has to process your application for services, benefits or a
				  license.
(6) The ALJ and review
				  judge must apply the rules in this chapter beginning on the date each rule is
				  effective.
(7) If you have a
				  dispute with the department concerning the working connections child care
				  (WCCC) program, the ALJ and review judge must apply the hearing rules in this
				  chapter and not the hearing rules in chapter 170-03 WAC. The rules in this
				  chapter apply to disputes between you and the department of social and health
				  services.
Statutory Authority:
						RCW
						34.05.310(4) [34.05.020].
						12-10-036, § 388-02-0220, filed 4/26/12, effective 5/27/12. Statutory
						Authority:
						RCW
						 34.05.020,
						34.05.220. 11-04-074, §
						388-02-0220, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						 34.05.020. 00-18-059, § 388-02-0220,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0221 - How is the index of significant decisions used?

Current through Register Vol. 24-14, July 15, 2024
(1) A final order may be relied on, used, or
				  cited as precedent by a party if the final order has been indexed in the
				  department index of significant decisions.
(2) The department index of significant
				  decisions is available to the public at
www.dshs.wa.gov/boa
. For information on how
				  to obtain a copy of the index, see WAC
				  388-01-190.
(3) If a precedential published decision
				  entered by the Court of Appeals or the Supreme Court reverses an indexed board
				  of appeals final order, that order will be removed from the index of
				  significant decisions.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0221, filed 1/31/11, effective
						3/3/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0225 - May an ALJ or review judge decide that a DSHS rule is invalid?

Current through Register Vol. 24-14, July 15, 2024
(1) Neither an ALJ
				  nor a review judge may decide that a DSHS rule is invalid or unenforceable.
				  Only a court may decide this issue.
(2) If the validity of a DSHS rule is raised
				  during the hearing, the ALJ or review judge may allow argument for court
				  review.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0225,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0230 - When is the ALJ assigned to the hearing?

Current through Register Vol. 24-14, July 15, 2024
The OAH assigns an ALJ at least five business days before
					 the hearing. A party may ask which ALJ is assigned to the hearing by calling or
					 writing the OAH field office listed on the notice of hearing. If requested by a
					 party, the OAH must send the name of the assigned ALJ to the party by e-mail or
					 in writing at least five business days before the party's scheduled hearing
					 date. For division of child support cases, the OAH will only be required to
					 assign an ALJ at least five days before the hearing if such a request is
					 specifically made by one of the parties.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0230, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0230,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0235 - May a party request a different judge?

Current through Register Vol. 24-14, July 15, 2024
A party may file a motion of prejudice against an ALJ under
					 RCW
					  34.12.050. A party may also request that an
					 ALJ or review judge be disqualified under
					 RCW
					  34.05.425.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0235,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0240 - How does a party file a motion of prejudice?

Current through Register Vol. 24-14, July 15, 2024
(1) A party may request a different ALJ by
				  sending a written motion of prejudice to the OAH before the ALJ rules on a
				  discretionary issue in the case, admits evidence, or takes testimony. A motion
				  of prejudice must include an affidavit or statement that a party does not
				  believe that the ALJ can hear the case fairly.
(2) Rulings that are not considered
				  discretionary rulings for purposes of this section include but are not limited
				  to those:
(a) Granting or denying a request
				  for a continuance; and
(b) Granting
				  or denying a request for a prehearing conference.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADMINISTRATIVE LAW JUDGES › Section 388-02-0245 - May an ALJ or review judge be disqualified?

Current through Register Vol. 24-14, July 15, 2024
(1) An ALJ or review judge may be
				  disqualified for bias, prejudice, or conflict of interest, or if one of the
				  parties or a party's representative has an ex parte contact with the ALJ or
				  review judge.
(2) Ex parte contact
				  means a written or oral communication with the ALJ or review judge about
				  something related to the hearing when the other parties are not present.
				  Procedural questions are not considered an ex parte contact. Examples of
				  procedural questions include clarifying the hearing date, time, or location or
				  asking for directions to the hearing location.
(3) To ask to disqualify an ALJ or review
				  judge a party must send a written petition for disqualification. A petition for
				  disqualification is a written explanation to request assignment of a different
				  ALJ or review judge. A party must promptly make the petition upon discovery of
				  possible bias, conflict of interest or an ex parte contact.
(4) A party must send or deliver the petition
				  to the ALJ or review judge assigned to the case. That ALJ or review judge must
				  decide whether to grant or deny the petition and must state the facts and
				  reasons for the decision.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0245,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › NOTICES › Section 388-02-0250 - What happens after you request a hearing, and when must the OAH provide notice of the hearing and prehearing conference?

Current through Register Vol. 24-14, July 15, 2024
(1) The OAH must send a copy of your hearing
				  request to the department, unless the OAH received your hearing request from
				  the department. The OAH should send it to the department within four business
				  days of the OAH receiving your request.
(2) The OAH must send a notice of hearing to
				  all parties and their representatives at least fourteen calendar days before
				  the hearing date. The OAH must provide notice of seven or more business days if
				  the case is about child support under chapter 388-14A WAC.
(3) If the OAH schedules a prehearing
				  conference, the OAH must send a notice of prehearing conference to the parties
				  and their representatives at least seven business days before the date of the
				  prehearing conference except:
(a) The OAH
				  and/or an ALJ may convert a scheduled hearing into a prehearing conference and
				  provide less than seven business days notice of the prehearing conference;
				  and
(b) The OAH may give less than
				  seven business days notice if the only purpose of the prehearing conference is
				  to consider whether there is good cause to grant a continuance under WAC
				  388-02-0280(3)(b).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › NOTICES › Section 388-02-0255 - What information must OAH include in the notice of hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) A notice of
				  hearing is a written notice that must include:
(a) The names of all parties who receive the
				  notice and, if known, the names and addresses of their
				  representatives;
(b) The name,
				  mailing address, and telephone number of the ALJ, if known;
(c) The date, time, place, and nature of the
				  hearing;
(d) The legal authority
				  and jurisdiction for the hearing; and
(e) The date of the hearing
				  request.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › NOTICES › Section 388-02-0260 - May the department amend a notice?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ must allow the department to
				  amend (change) the notice of a department action before or during the hearing
				  to match the evidence and facts.
(2) The department must put the change in
				  writing and give a copy to the ALJ and all parties.
(3) The ALJ must offer to continue (postpone)
				  the hearing to give the parties more time to prepare or present evidence or
				  argument if there is a significant change from the earlier department
				  notice.
(4) If the ALJ grants a
				  continuance, the OAH must send, a new hearing notice at least fourteen calendar
				  days before the hearing date. The OAH must provide notice of seven or more
				  business days if the case is about child support under chapter 388-14A
				  WAC.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0260, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0260,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › NOTICES › Section 388-02-0265 - May you amend your hearing request?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ may allow you to amend your
				  hearing request before or during the hearing.
(2) The ALJ must offer to continue (postpone)
				  the hearing to give the other parties more time to prepare or present evidence
				  or argument if there is a significant change in the hearing request.
(3) If the ALJ grants a continuance, the OAH
				  must send a new hearing notice at least fourteen calendar days before the
				  hearing date. The OAH must provide notice of seven or more business days if the
				  case is about child support under chapter 388-14A WAC.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0265, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0265,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › NOTICES › Section 388-02-0270 - Must you tell DSHS and OAH when your mailing address changes?

Current through Register Vol. 24-14, July 15, 2024
(1) You must tell
				  DSHS and OAH, as soon as possible, when your mailing address changes.
(2) If you do not notify DSHS and OAH of a
				  change in your mailing address and they continue to send notices and other
				  important papers to your last known mailing address, the ALJ may assume that
				  you received the documents.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0270,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › CONTINUANCES › Section 388-02-0275 - What is a continuance?

Current through Register Vol. 24-14, July 15, 2024
A continuance is a change in the date or time of a
					 prehearing conference, hearing or the deadline for other
					 action.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0275,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › CONTINUANCES › Section 388-02-0280 - Who may request a continuance?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Any party may request a continuance either orally or in writing.
(2) Before contacting the ALJ to request a
				  continuance, a party should contact the other parties, if possible, to find out
				  if they will agree to a continuance. If you are unable to contact the parties,
				  the OAH or the department must assist you in contacting them.
(3) The party making the request for a
				  continuance must let the ALJ know whether the other parties agreed to the
				  continuance.
(a) If the parties agree to a
				  continuance, the ALJ must grant it unless the ALJ finds that good cause for a
				  continuance does not exist.
(b) If
				  the parties do not agree to a continuance, the ALJ must set a prehearing
				  conference to decide whether there is good cause to grant or deny the
				  continuance. The prehearing conference will be scheduled as required by WAC
				  388-02-0197 and
				  388-02-0250.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DISMISSALS › Section 388-02-0285 - What is an order of dismissal?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  An order of dismissal is an order sent by the ALJ to end the hearing. The order
				  is made because the party who requested the hearing withdrew the request,
				  failed to appear, or refused to participate, resulting in a default.
(2) If your hearing is dismissed because you
				  did not appear or refused to participate, the DSHS decision stands.
(3) If the hearing is dismissed due to a
				  written agreement between the parties, the parties must follow the
				  agreement.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0285,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DISMISSALS › Section 388-02-0290 - If your hearing is dismissed, may you request another hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) If the ALJ
				  sends an order dismissing your hearing, you may ask that the ALJ vacate (set
				  aside) the order of dismissal.
(2)
				  If the order of dismissal is vacated, your hearing is reinstated, which means
				  you get another opportunity to have a hearing on your initial request for
				  hearing.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0290,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DISMISSALS › Section 388-02-0295 - Where do you send a request to vacate an order of dismissal?

Current through Register Vol. 24-14, July 15, 2024
You must send your request to vacate an order of dismissal
					 to BOA or OAH. You should specify in your request why the order of dismissal
					 should be vacated. BOA forwards any request received to OAH to schedule a
					 hearing. OAH sends you a notice of the hearing on the request to vacate the
					 order of dismissal.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0295,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DISMISSALS › Section 388-02-0300 - What is the deadline for vacating an order of dismissal?

Current through Register Vol. 24-14, July 15, 2024
(1) You must send
				  your request to vacate an order to OAH or BOA twenty-one calendar days after
				  the date the order of dismissal was mailed to you. If no request is received
				  within that deadline, the dismissal order becomes a final order.
(2) You may make a late request to vacate the
				  order of dismissal for up to one year after it was mailed but you must show
				  good cause according to WAC
				  388-02-0020 for the late request
				  to be accepted and the dismissal to be vacated.
(3) If you ask to vacate more than one year
				  after the order was mailed, the ALJ may vacate the order of dismissal if the
				  DSHS representative and any other party agrees to waive (excuse) the
				  deadline.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0300,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DISMISSALS › Section 388-02-0305 - How does an ALJ vacate an order of dismissal?

Current through Register Vol. 24-14, July 15, 2024
(1) If your request was received more than
				  twenty-one days, but less than one year after the dismissal order was mailed,
				  the ALJ first must decide if you have good cause according to WAC
				  388-02-0020.
(2) If your request was timely or you show
				  good cause for missing the deadline, the ALJ will receive evidence and argument
				  at a hearing from the parties on whether the order of dismissal should be
				  vacated.
(3) The ALJ vacates an
				  order of dismissal and reinstates the hearing if you show good cause or if the
				  DSHS representative agrees to waive the deadline. You will then be allowed to
				  present your case about your original request for hearing, either at the same
				  time or at a later date if a continuance is granted.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0305,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › STAYS › Section 388-02-0310 - May a party request a stay of DSHS action?

Current through Register Vol. 24-14, July 15, 2024
A party may request that an ALJ or review judge stay (stop)
					 a DSHS action until there is a decision entered by the ALJ or review judge. An
					 ALJ or review judge decides whether to grant the stay.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0310,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › SUBPOENAS › Section 388-02-0315 - May a party require witnesses to testify or provide documents?

Current through Register Vol. 24-14, July 15, 2024
A party may require witnesses to testify or provide
					 documents by issuing a subpoena. A subpoena is an order to appear at a certain
					 time and place to give testimony, or to provide books, documents, or other
					 items.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0315,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › SUBPOENAS › Section 388-02-0320 - Who may prepare a subpoena?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  ALJs, DSHS, and attorneys for the parties may prepare subpoenas. If an attorney
				  does not represent you, you may ask the ALJ to prepare a subpoena on your
				  behalf. The ALJ may schedule a hearing to decide whether to issue a
				  subpoena.
(2) An ALJ may deny a
				  request for a subpoena. For example, an ALJ may deny a request for a subpoena
				  when the ALJ determines that a witness has no actual knowledge regarding the
				  facts or that the documents are not relevant.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0320,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › SUBPOENAS › Section 388-02-0325 - How is a subpoena served?

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				  person who is at least eighteen years old and not a party to the hearing may
				  serve a subpoena.
(2) Service of a
				  subpoena is complete when the server:
(a)
				  Gives the witness a copy of the subpoena; or
(b) Leaves a copy at the residence of the
				  witness with a person over the age of eighteen.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › SUBPOENAS › Section 388-02-0330 - May the ALJ quash a subpoena?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A party may request that an ALJ quash (set aside) or change the subpoena
				  request at any time before the deadline given in the subpoena.
(2) An ALJ may set aside or change a subpoena
				  if it is unreasonable.
(3)
				  Witnesses with safety or accommodation concerns should contact OAH.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0330,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › SUBPOENAS › Section 388-02-0335 - Do you have to pay for a subpoena?

Current through Register Vol. 24-14, July 15, 2024
There is no cost to prepare a subpoena, but you may have to
					 pay for:
(1) Serving a
				  subpoena;
(2) Complying with a
				  subpoena; and
(3) Witness fees
				  according to
				  RCW
				   34.05.446(7).
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0335,
						filed 9/1/00, effective 10/2/00.