Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION III - EMERGENCY ADJUDICATIVE PROCEEDINGS › Section 246-10-307 - 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
				  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 calendar 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 presiding officer 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 any 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 services' final finding of abuse or
				  neglect of a minor or abuse or abandonment, neglect, or financial exploitation
				  of a vulnerable adult.
(8) The
				  presiding officer 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 secretary 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, §
						246-10-307, filed 1/20/09, effective
						2/20/09.