Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › GENERAL › Section 388-02-0010 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Administrative law judge (ALJ)"
means an
					 impartial decision-maker who is an attorney and presides at an administrative
					 hearing. The office of administrative hearings (OAH), which is a state agency,
					 employs the ALJs. ALJs are not department employees or department
					 representatives.
"BOA"
means the board of appeals.
"Business days"
means all days except
					 Saturdays, Sundays and legal holidays.
"Calendar days"
means all days including
					 Saturdays, Sundays and legal holidays.
"Date of the department action"
means the date
					 when the department's decision is effective.
"Deliver"
means giving a document to someone
					 in person.
"Department"
means the department of social
					 and health services.
"Documents"
means papers, letters, writings,
					 or other printed or written items.
"DSHS"
means the department of social and
					 health services.
"DSHS or department representative"
means an
					 employee of the department, a department contractor, or an assistant attorney
					 general authorized to represent the department in an administrative hearing.
					 Department representatives include, but are not limited to, claims officers and
					 administrative hearing coordinators.
"Final order"
means an order that is the final
					 department decision.
"Hearing"
means a proceeding before an ALJ or
					 review judge that gives a party an opportunity to be heard in disputes about
					 department programs. For purposes of this chapter, hearings include
					 administrative hearings, adjudicative proceedings, and any other similar term
					 referenced under
					 chapter
					 34.05 RCW, the
					 Administrative Procedure Act, Title 388 of the Washington Administrative Code
					 (WAC), chapter 10-08 WAC, or other law.
"Initial order"
is a hearing decision made by
					 an ALJ that may be reviewed by a BOA review judge at either party's
					 request.
"Judicial review"
means a superior court's
					 review of a final order.
"Mail"
means placing a document in the mail
					 with the proper postage.
"OAH"
means the office of administrative
					 hearings, a separate state agency from the department.
"Party"
means:
(1) The department or DSHS; or
(2) A person or entity:
(a) Named in a department action;
(b) To whom a department action is directed;
				  or
(c) Allowed to participate in a
				  hearing to protect an interest as authorized by law or rule.
"Prehearing conference"
means a proceeding
					 scheduled and conducted by an ALJ or review judge in preparation for a
					 hearing.
"Prehearing meeting"
means an informal
					 voluntary meeting that may be held before any prehearing conference or
					 hearing.
"Program"
means a department organizational
					 unit and the services that it provides, including services provided by
					 department staff and through contracts with providers. Organizational units
					 include, but are not limited to, administrations and divisions.
"Record"
means the official documentation of
					 the hearing process. The record includes recordings or transcripts, admitted
					 exhibits, decisions, briefs, notices, orders, and other filed documents.
"Review"
means a review judge evaluating
					 initial orders entered by an ALJ and making the final agency decision as
					 provided by
					 RCW
					  34.05.464, or issuing final orders.
"Review judge"
means a decision-maker with
					 expertise in department rules who is an attorney and serves as the reviewing
					 officer under
					 RCW
					  34.05.464. In some cases, review judges
					 conduct hearings and enter final orders. In other cases, they review initial
					 orders and may make changes to correct any errors in an ALJ's initial order.
					 After reviewing initial orders or conducting hearings, review judges enter
					 final orders. Review judges are employed by the department, are located in the
					 board of appeals (BOA), and are not part of the department program involved in
					 the review. See WAC
					 388-02-0600 for information on
					 the authority of a review judge.
"Rule"
means a state regulation. Rules are
					 found in the Washington Administrative Code (WAC).
"Should"
means that an action is recommended
					 but not required.
"Stay"
means an order temporarily halting the
					 department decision or action.
"You"
means any individual or entity that has
					 a right to be involved with the department hearing process, which includes a
					 party or a party's representative. "You" does not include the department or its
					 representative.