Washington Administrative Code › Title 182 - Health Care Authority › SCHOOL EMPLOYEES BENEFITS BOARD (SEBB) PROGRAM › Chapter 182-32 - Appeals practices and procedures › Part III - FORMAL ADMINISTRATIVE HEARINGS › Section 182-32-3140 - Orders of dismissal-Reinstating a formal administrative hearing after an order of dismissal

Current through Register Vol. 24-14, July 15, 2024
(1) An order of
				  dismissal is an order from the hearing officer ending the matter. The order is
				  entered because the party who made the appeal withdrew from the proceeding, the
				  appellant is no longer aggrieved, the hearing officer granted a dispositive
				  motion dismissing the matter, or the hearing officer entered an order of
				  default because the party who made the appeal failed to attend or refused to
				  participate in a prehearing conference or the formal administrative
				  hearing.
(2) The order of dismissal
				  becomes a final order if no party files a request to vacate the order as
				  described in subsections (3) through (7) of this section.
(3) If the hearing officer enters and serves
				  an order dismissing the formal administrative hearing, the appellant may file a
				  written request to vacate (set aside) the order of dismissal. Upon receipt of a
				  request to vacate an order of dismissal, the hearing officer must schedule and
				  serve notice of a prehearing conference as described in WAC
				  182-32-3080.
				  At the prehearing conference, the party asking that the order of dismissal be
				  vacated has the burden to show good cause according to subsection (8) of this
				  section for an order of dismissal to be vacated and the matter to be
				  reinstated.
(4) The request to
				  vacate an order of dismissal must be filed with the hearing officer and the
				  other parties. The party requesting that an order of dismissal be vacated
				  should specify in the request with good cause why the order of dismissal should
				  be vacated.
(5) The request to
				  vacate an order of dismissal must be filed with the hearing officer no later
				  than twenty-one calendar days after the date the order of dismissal was
				  entered. If no request is received within that deadline, the dismissal order
				  becomes the health care authority's final decision without further
				  action.
(6) If the hearing officer
				  finds good cause, as described in subsection (8) of this section, for the order
				  of dismissal to be vacated, the hearing officer must enter and serve a written
				  order to the parties setting forth the findings of fact, conclusions of law,
				  and the reinstatement of the matter.
(7) If the order of dismissal is vacated, the
				  hearing officer will conduct a formal administrative hearing at which the
				  parties may present argument and evidence about issues raised in the original
				  appeal. The formal administrative hearing may occur immediately following the
				  prehearing conference on the request to vacate only if agreed to by the parties
				  and the hearing officer, otherwise a formal administrative hearing date must be
				  scheduled by the hearing officer.
(8) Good cause is a substantial reason or
				  legal justification for failing to appear, act, or respond to an action using
				  the provisions of superior court civil rule 60 as a guideline. This good cause
				  exception does not apply to any other chapter in Title 182 WAC except WAC
				  182-16-3140(8).