reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING METHODS › Section 388-02-0340 - How is your hearing held?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Hearings may be held in person or by telephone conference.
(2) A telephone conference hearing is where
				  all parties appear by telephone.
(3) An in-person hearing is where you appear
				  face-to-face with the ALJ and the other parties appear either in person or by
				  telephone.
(4) Whether a hearing is
				  held in person or by telephone conference, the parties have the right to see
				  all documents, hear all testimony and question all witnesses.
(5) Parties and their witnesses may appear in
				  person or by telephone conference. The ALJ may require parties and/or their
				  witnesses to appear in person if the ALJ determines there is a compelling
				  reason, and the compelling reason is stated in a hearing notice or prehearing
				  order.
(6) After a telephone
				  conference hearing begins, the ALJ may stop, reschedule, and convert the
				  hearing to an in-person hearing if the ALJ determines there is a compelling
				  reason to do so.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0340, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0340,
						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 › HEARING METHODS › Section 388-02-0345 - Is an ALJ present at your hearing?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  If your hearing is scheduled as an in-person hearing, an ALJ is physically or
				  visually present.
(2) If your
				  hearing is scheduled as a telephone conference, an ALJ is present by
				  telephone.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0345,
						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 › HEARING METHODS › Section 388-02-0350 - Is your hearing recorded?

Current through Register Vol. 24-14, July 15, 2024
The ALJ must record the entire hearing using audio
					 recording equipment (such as a digital recorder or a tape
					 recorder).
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0350, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0350,
						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 › HEARING METHODS › Section 388-02-0355 - Who may attend your hearing?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  All parties and their representatives may attend the hearing.
(2) Witnesses may be excluded from the
				  hearing if the ALJ finds good cause.
(3) The ALJ may also exclude other persons
				  from all or part of the hearing.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0355,
						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 › HEARING METHODS › Section 388-02-0360 - May a party convert how a hearing is held?

Current through Register Vol. 24-14, July 15, 2024
(1) The parties have the right to request
				  that:
(a) A hearing format be converted
				  (changed) to an in-person hearing or a telephone conference; or
(b) A witness appear in person or by
				  telephone conference. The OAH must advise you of the right to request a change
				  in how a witness appears.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING METHODS › Section 388-02-0365 - How does a party convert how a hearing is held or how the witnesses or parties appear?

Current through Register Vol. 24-14, July 15, 2024
(1) If a party
				  wants to convert the hearing or change how their witnesses or other parties
				  appear, the party must contact OAH to request the change.
(2) The ALJ may schedule a prehearing
				  conference to determine if the request should be granted.
(3) If the ALJ grants the request, the ALJ
				  reschedules the hearing or changes how the witness or party appears.
(4) If the ALJ denies the request, the ALJ
				  must issue a written order that includes findings of fact supporting why the
				  request was denied.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0365,
						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 › HEARING METHODS › Section 388-02-0370 - How are documents submitted for a telephone conference?

Current through Register Vol. 24-14, July 15, 2024
(1) When a hearing
				  is conducted by telephone, an ALJ may order the parties to provide the hearing
				  documents at least five days before the hearing, so all parties have an
				  opportunity to view them during the hearing.
(2) DSHS may be able to help you copy and
				  send your documents to the ALJ and any other parties.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0370,
						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 › HEARING METHODS › Section 388-02-0375 - What happens at your hearing?

Current through Register Vol. 24-14, July 15, 2024
At your hearing:
(1) The ALJ:
(a) Explains your rights;
(b) Marks and admits or rejects
				  exhibits;
(c) Ensures that a record
				  is made;
(d) Explains that a
				  decision is mailed after the hearing;
(e) Notifies the parties of appeal
				  rights;
(f) May keep the record
				  open for a time after the hearing if needed to receive more evidence or
				  argument; and
(g) May take actions
				  as authorized according to WAC
				  388-02-0215.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING METHODS › Section 388-02-0380 - What is a group hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  group hearing may be held when two or more parties request a hearing about
				  similar issues.
(2) Hearings may be
				  combined at the request of the parties or the ALJ.
(3) All parties participating in a group
				  hearing may have their own representative.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0380,
						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 › HEARING METHODS › Section 388-02-0385 - May a party withdraw from a group hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) A party may withdraw from a group hearing
				  by asking the ALJ for a separate hearing.
(2) If a party asks to withdraw from a group
				  hearing before the ALJ makes a discretionary ruling or the hearing begins, the
				  ALJ must give the party a separate hearing.
(3) If a party later shows good cause, the
				  ALJ may give the party a separate hearing at any time during the hearing
				  process.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0385,
						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 › HEARING METHODS › Section 388-02-0387 - How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding?

Current through Register Vol. 24-14, July 15, 2024
The following requirements apply only to adjudicative
					 proceedings in which an applicant or recipient of medical services programs set
					 forth in chapter 74.09 RCW seeks review of decisions made by more than one
					 agency.
(1) When you file a single
				  application for an adjudicative proceeding seeking review of decisions by more
				  than one agency, this review shall be conducted initially in one adjudicative
				  proceeding. The administrative law judge (ALJ) may sever the proceeding into
				  multiple proceedings on the motion of any of the parties, when:
(a) All parties consent to the severance;
				  or
(b) Either party requests
				  severance without another party's consent, and the ALJ finds there is good
				  cause for severing the matter and that the proposed severance is not likely to
				  prejudice the rights of an appellant who is a party to any of the severed
				  proceedings.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › EVIDENCE › Section 388-02-0390 - What is evidence?

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence
				  includes documents, objects, and testimony of witnesses that parties give
				  during the hearing to help prove their positions.
(2) Evidence may be all or parts of original
				  documents or copies of the originals.
(3) Parties may offer statements signed by a
				  witness under oath or affirmation as evidence, if the witness cannot
				  appear.
(4) Testimony given with
				  the opportunity for cross-examination by the other parties may be given more
				  weight by the ALJ.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0390,
						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 › EVIDENCE › Section 388-02-0395 - When may the parties bring in evidence?

Current through Register Vol. 24-14, July 15, 2024
(1) The parties may bring evidence to any
				  prehearing meeting, prehearing conference, or hearing, or may send in evidence
				  before these events.
(2) The ALJ
				  may set a deadline before the hearing for the parties to provide proposed
				  exhibits and names of witnesses. If the parties miss the deadline, the ALJ may
				  refuse to admit the evidence unless the parties show:
(a) They have good cause for missing the
				  deadline; or
(b) That the other
				  parties agree.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › EVIDENCE › Section 388-02-0400 - What evidence may the parties present during the hearing?

Current through Register Vol. 24-14, July 15, 2024
The parties may bring any documents and witnesses to the
					 hearing to support their position. However, the following provisions
					 apply:
(1) The other parties may
				  object to the evidence and question the witnesses;
(2) The ALJ determines whether the evidence
				  is admitted and what weight (importance) to give it;
(3) If the ALJ does not admit the evidence
				  the parties may make an offer of proof to show why the ALJ should admit
				  it;
(4) To make an offer of proof a
				  party presents evidence and argument on the record to show why the ALJ should
				  consider the evidence; and
(5) The
				  offer of proof preserves the argument for appeal.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0400,
						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 › EVIDENCE › Section 388-02-0405 - What is a stipulation?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  stipulation is an agreement among two or more parties that certain facts or
				  evidence is correct or authentic.
(2) If an ALJ accepts a stipulation, the ALJ
				  must enter it into the record.
(3)
				  A stipulation may be made before or during the hearing.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0405,
						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 › EVIDENCE › Section 388-02-0410 - After the parties agree to a stipulation, may they change or reject it?

Current through Register Vol. 24-14, July 15, 2024
(1) A party may
				  change or reject a stipulation after it has been made.
(2) To change or reject a stipulation, a
				  party must show the ALJ that:
(a) The party
				  did not intend to make the stipulation or was mistaken when making it;
				  and
(b) Changing or rejecting the
				  stipulation does not harm the other parties.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › EVIDENCE › Section 388-02-0415 - What are proposed exhibits?

Current through Register Vol. 24-14, July 15, 2024
Proposed exhibits are documents or other objects that a
					 party wants the ALJ to consider when reaching a decision. After the document or
					 object is accepted by the ALJ, it is admitted and becomes an
					 exhibit.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0415,
						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 › EVIDENCE › Section 388-02-0420 - Do the parties mark and number their proposed exhibits?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS
				  representatives must mark and number their proposed exhibits and provide copies
				  to the other parties as far ahead of the hearing as possible.
(2) The ALJ may request that you mark and
				  number your proposed exhibits before the hearing. You should bring enough
				  copies of your proposed exhibits for all parties. If you do not bring enough
				  copies, you must make your proposed exhibits available for copying.
(3) If you cannot afford to pay for copies of
				  proposed exhibits, either DSHS or OAH must make the copies for you.
(4) The ALJ may require proof that you are
				  unable to pay.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0420,
						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 › EVIDENCE › Section 388-02-0425 - Who decides whether to admit proposed exhibits into the record?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ decides
				  whether or not to admit a proposed exhibit into the record and also determines
				  the weight (importance) of the evidence.
(2) The ALJ admits proposed exhibits into the
				  record by marking, listing, identifying, and admitting the proposed
				  exhibits.
(3) The ALJ may also
				  exclude proposed exhibits from the record.
(4) The ALJ must make rulings on the record
				  to admit or exclude exhibits.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0425,
						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 › EVIDENCE › Section 388-02-0430 - What may a party do if they disagree with an exhibit?

Current through Register Vol. 24-14, July 15, 2024
(1) A party may object to the authenticity or
				  admissibility of any exhibit, or offer argument about how much weight the ALJ
				  should give the exhibit.
(2) Even
				  if a party agrees that a proposed exhibit is a true and authentic copy of a
				  document, the agreement does not mean that a party agrees with:
(a) Everything in the exhibit or agrees that
				  it should apply to the hearing;
(b)
				  What the exhibit says; or
(c) How
				  the ALJ should use the exhibit to make a decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › EVIDENCE › Section 388-02-0435 - When should an ALJ receive proposed exhibits for a telephone hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) Parties
				  should send their proposed exhibits to the ALJ and the other parties at least
				  five days before the telephone hearing. In some cases, the ALJ may require that
				  the parties send them earlier.
(2)
				  Sending the proposed exhibits to the ALJ before the telephone hearing allows
				  all parties to use them during the hearing.
(3) For a telephone hearing, DSHS may help
				  you send copies of your proposed exhibits to the ALJ and the other parties if
				  you cannot afford to do so.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0435,
						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 › EVIDENCE › Section 388-02-0440 - What is judicial notice?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Judicial notice is evidence that includes facts or standards that are generally
				  recognized and accepted by judges, government agencies, or national
				  associations.
(2) For example, an
				  ALJ may take judicial notice of a calendar, a building code or a standard or
				  practice.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0440,
						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 › EVIDENCE › Section 388-02-0445 - How does the ALJ respond to requests to take judicial notice?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ may
				  consider and admit evidence by taking judicial notice.
(2) If a party requests judicial notice, or
				  if the ALJ intends to take judicial notice, the ALJ may ask the party to
				  provide a copy of the document that contains the information.
(3) If judicial notice has been requested, or
				  if the ALJ intends to take judicial notice, the ALJ must tell the parties
				  before or during the hearing.
(4)
				  The ALJ must give the parties time to object to judicial notice
				  evidence.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0445,
						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 › WITNESSES › Section 388-02-0450 - What is a witness?

Current through Register Vol. 24-14, July 15, 2024
(1) A witness is
				  any person who makes statements or gives testimony that becomes evidence in a
				  hearing.
(2) One type of witness is
				  an expert witness. An expert witness is qualified by knowledge, experience, and
				  education to give opinions or evidence in a specialized area.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0450,
						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 › WITNESSES › Section 388-02-0455 - Who may be a witness?

Current through Register Vol. 24-14, July 15, 2024
(1) A witness
				  may be:
(a) You or the DSHS representative;
				  or
(b) Anyone you, the ALJ, or the
				  DSHS representative asks to be a witness, including DSHS employees.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › WITNESSES › Section 388-02-0460 - How do witnesses testify?

Current through Register Vol. 24-14, July 15, 2024
All witnesses:
(1)
				  Must affirm or take an oath to testify truthfully during the hearing.
(2) May testify in person or by
				  telephone.
(3) May request
				  interpreters from OAH at no cost to you.
(4) May be subpoenaed and ordered to appear
				  according to WAC
				  388-02-0315.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0460,
						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 › WITNESSES › Section 388-02-0465 - May the parties cross-examine a witness?

Current through Register Vol. 24-14, July 15, 2024
(1) The parties have the right to
				  cross-examine (question) each witness.
(2) If a party has a representative, only the
				  representative, and not the party, may question the witness.
(3) The ALJ may also question
				  witnesses.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0465,
						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 › WITNESSES › Section 388-02-0470 - May witnesses refuse to answer questions?

Current through Register Vol. 24-14, July 15, 2024
Witnesses may refuse to answer questions. However, if a
					 witness refuses to answer, the ALJ may reject all of the related testimony of
					 that witness.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0470,
						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 › PROOF › Section 388-02-0475 - What evidence does an ALJ consider?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ may only consider admitted
				  evidence to decide the case.
(2)
				  Admission of evidence is based upon the reasonable person standard. This
				  standard means evidence that a reasonable person would rely on in making a
				  decision.
(3) The ALJ may admit and
				  consider hearsay evidence. Hearsay is a statement made outside of the hearing
				  used to prove the truth of what is in the statement. The ALJ may only base a
				  finding on hearsay evidence if the ALJ finds that the parties had the
				  opportunity to question or contradict it.
(4) The ALJ may reject evidence, if it:
(a) Is not relevant;
(b) Repeats evidence already admitted;
				  or
(c) Is from a privileged
				  communication protected by law.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PROOF › Section 388-02-0480 - What does burden of proof mean?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Burden of proof is a party's responsibility to:
(a) Provide evidence regarding disputed
				  facts; and
(b) Persuade the ALJ
				  that a position is correct.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › PROOF › Section 388-02-0485 - What is the standard of proof?

Current through Register Vol. 24-14, July 15, 2024
Standard of proof refers to the amount of evidence needed
					 to prove a party's position. Unless the rules or law states otherwise, the
					 standard of proof in a hearing is a preponderance of the evidence. This
					 standard means that it is more likely than not that something happened or
					 exists.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0485,
						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 › PROOF › Section 388-02-0490 - How is a position proven at hearing?

Current through Register Vol. 24-14, July 15, 2024
The ALJ decides if a party has met the burden of proof. The
					 ALJ writes a decision based on the evidence presented during the hearing and
					 consistent with the law.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0490,
						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 › PROOF › Section 388-02-0495 - What is equitable estoppel?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Equitable estoppel is a legal doctrine defined in case law that may only be
				  used as a defense to prevent the department from taking some action against
				  you, such as collecting an overpayment. Equitable estoppel may not be used to
				  require the department to continue to provide something, such as benefits,
				  services, or a license, or to require the department to take action contrary to
				  a statute.
(2) There are five
				  elements of equitable estoppel. The standard of proof is clear and convincing
				  evidence. You must prove all of the following:
(a) The department made a statement or took
				  an action or failed to take an action, which is inconsistent with a later claim
				  or position by the department. For example, the department gave you money based
				  on your application, then later tells you that you received an overpayment and
				  wants you to pay the money back based on the same information.
(b) You reasonably relied on the department's
				  original statement, action or failure to act. For example, you believed the
				  department acted correctly when you received money.
(c) You will be injured to your detriment if
				  the department is allowed to contradict the original statement, action or
				  failure to act. For example, you did not seek help from health clinics or food
				  banks because you were receiving benefits from the department, and you would
				  have been eligible for these other benefits.
(d) Equitable estoppel is needed to prevent a
				  manifest injustice. Factors to be considered in determining whether a manifest
				  injustice would occur include, but are not limited to, whether:
(i) You cannot afford to repay the money to
				  the department;
(ii) You gave the
				  department timely and accurate information when required;
(iii) You did not know that the department
				  made a mistake;
(iv) You are free
				  from fault; and
(v) The overpayment
				  was caused solely by a department mistake.
(e) The exercise of government functions is
				  not impaired. For example, the use of equitable estoppel in your case will not
				  result in circumstances that will impair department functions.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › RECORD CLOSURE › Section 388-02-0500 - What may an ALJ do before the record is closed?

Current through Register Vol. 24-14, July 15, 2024
Before the record is closed, the ALJ may:
(1) Set another hearing date;
(2) Enter orders to address limited issues if
				  needed before writing and mailing a hearing decision to resolve all issues in
				  the proceeding; or
(3) Give the
				  parties more time to send in exhibits or written argument.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0500,
						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 › RECORD CLOSURE › Section 388-02-0505 - When is the record closed?

Current through Register Vol. 24-14, July 15, 2024
The record is closed:
(1) At the end of the hearing if the ALJ does
				  not allow more time to send in evidence or argument; or
(2) After the deadline for sending in
				  evidence or argument is over.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0505,
						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 › RECORD CLOSURE › Section 388-02-0510 - What happens when the record is closed?

Current through Register Vol. 24-14, July 15, 2024
No more evidence may be taken without good cause after the
					 record is closed.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0510,
						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 › RECORD CLOSURE › Section 388-02-0512 - What is included in the hearing record?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ must produce a complete official
				  record of the proceedings.
(2) The
				  official record must include, if applicable:
(a) Notice of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs, petitions
				  requests, and intermediate rulings;
(d) Evidence received or
				  considered;
(e) A statement of
				  matters officially noticed;
(f)
				  Offers of proof, objections, and any resulting rulings;
(g) Proposed findings, requested orders and
				  exceptions;
(h) A complete audio
				  recording of the entire hearing, together with any transcript of the
				  hearing;
(i) Any final order,
				  initial order, or order on reconsideration; and
(j) Matters placed on the record after an ex
				  parte communication.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING DECISIONS › Section 388-02-0515 - What happens after the record is closed?

Current through Register Vol. 24-14, July 15, 2024
(1) After the record is closed, the ALJ must
				  enter an initial or final order and send copies to the parties.
(2) The maximum time an ALJ has to send a
				  decision is ninety calendar days after the record is closed, but many
				  department programs have earlier deadlines. Specific program rules may set the
				  deadlines.
(3) OAH must send the
				  official record of the proceedings to the BOA. The record must be complete when
				  it is sent, and include all parts required by WAC
				  388-02-0512.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0515, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0515,
						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 › HEARING DECISIONS › Section 388-02-0520 - What information must the ALJ include in the decision?

Current through Register Vol. 24-14, July 15, 2024
The ALJ must include the following information in the
					 decision:
(1) Identify the hearing
				  decision as a DSHS case;
(2) List
				  the name and docket number of the case and the names of all parties and
				  representatives;
(3) Find the facts
				  used to resolve the dispute based on the hearing record;
(4) Explain why evidence is credible when the
				  facts or conduct of a witness is in question;
(5) State the law that applies to the
				  dispute;
(6) Apply the law to the
				  facts of the case in the conclusions of law;
(7) Discuss the reasons for the decision
				  based on the facts and the law;
(8)
				  State the result and remedy ordered;
(9) Explain how to request changes in the
				  decision and the deadlines for requesting them;
(10) State the date the decision becomes
				  final according to WAC
				  388-02-0525; and
(11) Include any other information required
				  by law or DSHS program rules.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0520,
						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 › HEARING DECISIONS › Section 388-02-0525 - When do initial orders become final?

Current through Register Vol. 24-14, July 15, 2024
If no one requests review of the initial order or if a
					 review request is dismissed, the initial order is final twenty-one calendar
					 days after it is mailed.
Statutory Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0525, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0525,
						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 › HEARING DECISIONS › Section 388-02-0530 - What if a party disagrees with the ALJ's decision?

Current through Register Vol. 24-14, July 15, 2024
(1) If a party disagrees with an ALJ's
				  initial or final order because of a clerical error, the party may ask for a
				  corrected decision from the ALJ as provided in WAC
				  388-02-0540 through
				  388-02-0555.
(2) If a party disagrees with an initial
				  order and wants it changed, the party must request review by a review judge as
				  provided in WAC
				  388-02-0560 through
				  388-02-0595.
If a party wants to stay the DSHS action until review of
					 the initial order is completed, the party must request a stay from a review
					 judge.
(3) Final orders
				  entered by ALJs may not be reviewed by a review judge.
(4) If a party disagrees with an ALJ's final
				  order, the party may request reconsideration as provided in WAC
				  388-02-0605 through
				  388-02-0635. You may also
				  petition for judicial review of the final order as stated in WAC
				  388-02-0640 through
				  388-02-0650. You do not need to
				  file a request for reconsideration of the final order before petitioning for
				  judicial review. DSHS may not request judicial review of an ALJ's or review
				  judge's final order.
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, § 388-02-0530, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0530, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0530,
						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 › CLERICAL ERRORS IN ALJ DECISIONS › Section 388-02-0540 - How are clerical errors in ALJ decisions corrected?

Current through Register Vol. 24-14, July 15, 2024
(1) A clerical error is a mistake that does
				  not change the intent of the decision.
(2) The ALJ corrects clerical errors in
				  hearing decisions by issuing a second decision referred to as a corrected
				  decision or corrected order. Corrections may be made to initial orders and
				  final orders.
(3) Some examples of
				  clerical error are:
(a) Missing or incorrect
				  words or numbers;
(b) Dates
				  inconsistent with the decision or evidence in the record such as using May 3,
				  1989, instead of May 3, 1998; or
(c) Math errors when adding the total of an
				  overpayment or a child support debt.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › CLERICAL ERRORS IN ALJ DECISIONS › Section 388-02-0545 - How does a party ask for a corrected ALJ decision?

Current through Register Vol. 24-14, July 15, 2024
(1) A party may ask for a corrected ALJ
				  decision by calling or writing the OAH office that held the hearing.
(2) When asking for a corrected decision,
				  please identify the clerical error you found.
Statutory Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0545, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0545,
						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 › CLERICAL ERRORS IN ALJ DECISIONS › Section 388-02-0550 - How much time do the parties have to ask for a corrected ALJ decision?

Current through Register Vol. 24-14, July 15, 2024
(1) The parties
				  must ask the ALJ for a corrected decision on or before the tenth calendar day
				  after the order was mailed.
(2) If
				  you ask the ALJ to correct a decision, the time period provided by this section
				  for requesting a corrected decision of an initial order, and the time it takes
				  the ALJ to deny the request or make a decision regarding the request for a
				  corrected initial order, do not count against any deadline, if any, for a
				  review judge to enter a final order.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220, and  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, § 388-02-0550, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0550, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0550,
						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 › CLERICAL ERRORS IN ALJ DECISIONS › Section 388-02-0555 - What happens when a party requests a corrected ALJ decision?

Current through Register Vol. 24-14, July 15, 2024
(1) When a party
				  requests a corrected initial or final order, the ALJ must either:
(a) Send all parties a corrected order;
				  or
(b) Deny the request within
				  three business days of receiving it.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0560 - What is review of an initial order by a review judge?

Current through Register Vol. 24-14, July 15, 2024
(1) Review by a review judge is available to
				  a party who disagrees with the ALJ's initial order.
(2) If a party wants the initial order
				  changed, the party must request that a review judge review the initial
				  order.
(3) If a request is made for
				  a review judge to review an initial order, it does not mean there is another
				  hearing conducted by a review judge.
(4) The review judge considers the request,
				  the initial order, and the record, and may hear oral argument, before deciding
				  if the initial order should be changed.
(5) Review judges may not review ALJ final
				  orders.
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, § 388-02-0560, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0560, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0560,
						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 › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0565 - What evidence does the review judge consider in reviewing an initial order?

Current through Register Vol. 24-14, July 15, 2024
(1) The review
				  judge, in most cases, only considers evidence given at the original hearing
				  before the ALJ.
(2) The review
				  judge may allow the parties to make oral argument when reviewing initial
				  orders.
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, § 388-02-0565, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0565,
						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 › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0570 - Who may request review of an initial order?

Current through Register Vol. 24-14, July 15, 2024
(1) Any party may request a review judge to
				  review the initial order.
(2) If
				  more than one party requests review, each request must meet the deadlines in
				  WAC 388-02-0580.
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, § 388-02-0570, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0570, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0570,
						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 › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0575 - What must a party include in the review request?

Current through Register Vol. 24-14, July 15, 2024
A party must make the review request in writing and send it
					 to BOA. The party should identify the:
(1) Parts of the initial order with which the
				  party disagrees; and
(2) Evidence
				  supporting the party's position.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0575, filed 1/31/11, effective 3/3/11. 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, § 388-02-0575, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0575, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0575,
						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 › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0580 - What is the deadline for requesting review by a review judge?

Current through Register Vol. 24-14, July 15, 2024
(1) BOA must
				  receive the written review request on or before 5:00 p.m. on the twenty-first
				  calendar day after the initial order was mailed. A party may submit the review
				  request by facsimile transmission (fax). A copy of the review request should
				  also be mailed to the BOA.
(2) A
				  review judge may extend the deadline if a party:
(a) Asks for more time before the deadline
				  expires; and
(b) Gives a good
				  reason for more time.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0585 - Where does a party send the request for review by a review judge?

Current through Register Vol. 24-14, July 15, 2024
(1) A party must
				  send the request for review of the initial order to BOA at the address given in
				  WAC 388-02-0030. A party should also
				  send a copy of the review request to the other parties.
(2) After receiving a party's review request,
				  BOA sends a copy to the other parties, their representatives, and OAH. The
				  other parties and their representatives may respond as described in WAC
				  388-02-0590.
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, § 388-02-0585, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0585, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0585,
						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 › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0590 - How does the party that is not requesting review respond to the review request?

Current through Register Vol. 24-14, July 15, 2024
(1) A party does
				  not have to respond to the review request. A response is optional.
(2) If a party decides to respond, that party
				  must send the response so that BOA receives it on or before the seventh
				  business day after the date the other party's review request was mailed to the
				  party by BOA.
(3) The party should
				  send a copy of the response to all other parties or their
				  representatives.
(4) A review judge
				  may extend the deadline in subsection (2) of this section if a party asks for
				  more time before the deadline to respond expires and gives a good
				  reason.
(5) If you ask for more
				  time to respond, the time period provided by this section for responding to the
				  review request, including any extensions, does not count against any deadline,
				  if any, for a review judge to enter the final order. A review judge may accept
				  and consider a party's response even if it is received after the
				  deadline.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0590, filed 1/31/11, effective 3/3/11. 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, § 388-02-0590, filed 10/21/08, effective 11/21/08. Statutory
						Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0590,
						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 › REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) › Section 388-02-0595 - What happens after the response deadline?

Current through Register Vol. 24-14, July 15, 2024
(1) After the response deadline, the record
				  on review is closed unless there is a good reason to keep it open.
(2) A review judge is assigned to review the
				  initial order after the record is closed. To find out which judge is assigned,
				  call BOA.
(3) After the record is
				  closed, the assigned review judge:
(a) Reviews
				  the initial order; and
(b) Enters a
				  final order that affirms, changes, dismisses or reverses the initial order;
				  or
(c) Returns the case to OAH for
				  further action.