reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-01 - Public disclosure › Section 110-01-0260 - If only part of the record requested is exempt from disclosure

Current through Register Vol. 24-14, July 15, 2024
The department may redact (see WAC
				170-01-0020) 
				identifying details or other information when the information is not subject to
				disclosure. The requestor will be informed in writing of the exemptions
				authorizing the department to withhold information within a
				record.
Statutory Authority: RCW   43.215.070 and chapter 42.56 RCW.
				  WSR 18-13-009, §
										170-01-0260,
				  filed 6/6/18, effective 7/7/18. Statutory Authority:
				  RCW
				    42.56.040, 43.215.070, and chapter 43.215
				  RCW. WSR 12-09-035, §
										170-01-0260,
				  filed 4/11/12, effective 5/12/12.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-01 - Public disclosure › Section 110-01-0270 - Department reviews of records request denials

Current through Register Vol. 24-14, July 15, 2024
(1) All review requests must be in writing
			 (letter, fax or email). All review requests must specify the part or parts of
			 the denial or redaction that the requestor wishes to be reviewed.
(2) If the department denies all or part of a
			 request, or redacts any portion of a record, the requestor may request a review
			 of this decision by:
(a) Asking the public
			 records officer for an internal review. The denial will either be upheld or
			 reversed within two business days after the receipt of the review
			 request.
(b) Asking for an external
			 review by the attorney general's office.
Requestors may initiate this by sending a request for review to
				Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia,
				WA 98504-0100 or publicrecords@atg.wa.gov.
(c) Asking for a judicial review.
To initiate a court review of a public records case, a
				requestor can file a "motion to show cause" which directs the agency to appear
				before the court and show any cause why the agency did not violate the act. The
				case must be filed in the superior court in the county in which the record is
				maintained.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-01 - Public disclosure › Section 110-01-0290 - Charges for public records

Current through Register Vol. 24-14, July 15, 2024
(1) There is no cost to inspect public
			 records.
(2) Calculating the actual
			 costs of charges for providing public records is unduly burdensome because the
			 department does not have resources to conduct a study of actual costs for all
			 requested records. In addition, conducting such a study would interfere with
			 other essential agency functions.
(3) The department may do one or more of the
			 following:
(a) Charge for copies of records
			 according to the default fees in
			 RCW
			   42.56.120(2)(b), (c), and
			 (d);
(b) Charge for customized services pursuant
			 to
			 RCW
			   42.56.120(3);
(c) Charge other copy fees authorized by
			 statutes outside of chapter 42.56 RCW; and
(d) Enter into an alternative fee agreement
			 with a requestor under
			 RCW
			   42.56.120(4).
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › GENERAL PROVISIONS › Section 110-03-0010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1) Application.
				This chapter contains the procedural rules that apply to adjudicative
				proceedings involving the department of children, youth, and families
				(DCYF).
(2) This chapter:
(a) Where appropriate, establishes rules
				encouraging informal dispute resolution between DCYF and persons or entities
				who disagree with the department's actions; and
(b) Regulates all hearings involving
				DCYF.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › GENERAL PROVISIONS › Section 110-03-0030 - Computing time for meeting deadlines in the hearing process

Current through Register Vol. 24-14, July 15, 2024
(1) When counting
				days to determine when the time allowed or prescribed for an action under these
				rules or to meet a hearing deadline:
(a) Do
				not include the day of the action, notice, or order. For example, if an initial
				order is mailed on Tuesday and a party has twenty-one days from the date of
				mailing to request a review, count Wednesday as the first day.
(b) Count the last day of the period, unless
				the last day is a Saturday, Sunday, or federal or state legal holiday, in which
				case the deadline is the next business day.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0040 - The right to a hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A
				person or entity has a right to a hearing to appeal an action by DCYF only if a
				law or DCYF rule expressly gives that right and a hearing is requested in a
				timely manner. Except for public assistance cases, there is no good cause
				exception to the requirement to timely request a hearing. For public assistance
				cases, if an applicant or recipient does not file a request for a hearing
				within 90 calendar days after receiving notice of an aggrieving decision, the
				request may still be filed within one year of the aggrieving decision upon a
				showing of good cause.
(2) Some
				DCYF programs may require a party to complete an agency review process before
				requesting a hearing. The notice of DCYF action that DCYF sends a party will
				include information about this requirement.
(3) A party has a specific, limited time to
				request a hearing. The deadline for the request is set by statute or department
				rule. In cases where the department sends a notice of DCYF action, information
				about how, where, and when to request a hearing will be provided in the
				notice.
(4) A challenge to an
				appealable DCYF action is heard in an administrative hearing by an ALJ employed
				by OAH. Not all DCYF actions may be challenged through the hearing
				process.
(5) If a party properly
				requests a hearing that is authorized under subsection (1) of this section, OAH
				will schedule a hearing and serve written notice of it on the
				parties.
(6) If DCYF or the ALJ
				questions a party's right to a hearing, the ALJ decides whether the party has
				that right.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0050 - Requesting a hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A request
				for a hearing for DCYF actions must be made as provided in the notice sent by
				DCYF. The request for hearing can be made by the party requesting the hearing
				or by the party's representative.
(2) The hearing request must include:
(a) The requesting party's name, address, and
				telephone number;
(b) A brief
				explanation of why the requesting party disagrees with the DCYF
				action;
(c) Any assistance needed
				by the requesting party, such as an interpreter or accommodation for a
				disability; and
(d) A copy of the
				notice from DCYF stating the appealable action.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0060 - Filing the request for hearing

Current through Register Vol. 24-14, July 15, 2024
(1) When a written request for a hearing is
				required, a party must file the request with OAH by one of the methods
				described in the definition of "file" in WAC 110-03-0020. Documents must be
				filed in a manner that shows proof of receipt.
(2) The request must be filed using the OAH
				address information provided in the notice of DCYF action, or by fax at
				360-664-8721.
(3) OAH is open from
				8:00 a.m. to 5:00 p.m. Monday through Friday, except state legal
				holidays.
(4) OAH can be contacted
				by phone at 360-407-2700 or (toll free) 800-583-8271.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0080 - Service of notice and documents

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever service is required under this
				chapter, it must be made as described in the definition of "serve" or "service"
				in WAC 110-03-0020.
(2) Service on
				DCYF should be made at the address provided in the notice of DCYF
				action.
(3) Documents must be
				served in a manner that shows proof of service, as provided in WAC
				110-03-0090.
(4) A party must serve
				all parties, and a party's representative if the party is represented, at the
				same time the party files a document with OAH or BOA, or when otherwise
				required by law.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0090 - Proof of service

Current through Register Vol. 24-14, July 15, 2024
A party may prove that an opposing party was served with
				  documents by providing any of the following:
(1) A sworn statement by the person who
				served the document;
(2) The
				certified mail receipt signed by the recipient;
(3) An affidavit or certificate of
				mailing;
(4) A signed receipt from
				the person who accepted the commercial delivery service or legal messenger
				service package;
(5) Proof of fax
				transmission; or
(6) Acknowledgment
				by the party being served.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0100 - Representation

Current through Register Vol. 24-14, July 15, 2024
(1) The party
				requesting the hearing may represent themselves or may have another person act
				as a representative.
(a) A representative may
				be either an attorney or a lay representative including, but not limited to, a
				friend, relative, community advocate, or paralegal.
(b) Current DCYF employees may not represent
				a party other than DCYF. Unless DCYF gives permission, no former DCYF employee
				may be a representative for a party other than DCYF, if that employee was
				actively involved in the party's case while working for DCYF, or if that
				employee was actively involved in the party's case while working for the
				department of early learning (DEL) or the department of social and health
				services (DSHS) on or before June 30, 2018.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0110 - Appointment of an interpreter in the hearing process

Current through Register Vol. 24-14, July 15, 2024
(1) If a party or witness has LEP, OAH will
				provide an interpreter during the hearing at no cost to the party or
				witness.
(2) If OAH is notified
				that a party is a LEP person, all notices concerning hearings must:
(a) Be written in the party's primary
				language; or
(b) Include a
				statement, in the primary language, explaining the importance of the notice and
				informing the party how to get help in understanding the notice and responding
				to it.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0120 - Interpreter qualifications

Current through Register Vol. 24-14, July 15, 2024
(1) OAH
				must provide a qualified interpreter pursuant to chapters 2.42 and 2.43 RCW to
				assist any LEP party or witness in a hearing.
(2) OAH may hire or contract with persons to
				interpret at hearings.
(3) Neither
				relatives of any party nor DCYF employees may be used as
				interpreters.
(4) The ALJ must make
				a determination at the beginning of the hearing, on the record, if an
				interpreter can accurately interpret all communication to and from the person
				requesting the service. This determination will be based on:
(a) The stated needs of the person with
				LEP;
(b) The interpreter's
				education, certifications, and experience in interpreting for contested cases
				or adjudicative proceedings;
(c)
				The interpreter's understanding of the basic vocabulary and procedures involved
				in the proceeding; and
(d) The
				interpreter's impartiality.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0130 - Waiver of interpreter services

Current through Register Vol. 24-14, July 15, 2024
(1) A party who is eligible for appointment
				of a qualified interpreter under chapter 2.42 or 2.43 RCW may waive interpreter
				services.
(2) A request for waiver
				must be made in writing or through a qualified interpreter on the record. When
				the request is made by a hearing-impaired party represented by counsel, the
				party's counsel must consent to the waiver.
(3) The ALJ must make a determination that
				the waiver has been knowingly, voluntarily, and intelligently made.
(4) A waiver of interpreter services may be
				withdrawn at any time before or during the proceedings.
(5) A waiver of interpreter services at the
				hearing constitutes a waiver of a right to challenge any aspect of the hearing
				based on a lack of understanding resulting from an inability to understand or a
				lack of proficiency in the English language.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0140 - Requirements that 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 LEP person, the interpreter, and the ALJ consider the most
				accurate and effective;
(b)
				Interpret statements made by the parties, witnesses, and the ALJ;
(c) Not disclose information about the
				hearing without the written consent of the parties unless required by law;
				and
(d) Not comment on the hearing
				or give legal advice.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0150 - Requirements that apply to decisions involving LEP parties

Current through Register Vol. 24-14, July 15, 2024
(1) When an interpreter is used at a hearing,
				the ALJ must explain on the record that decisions are written in English and
				that OAH will provide an interpreter for a sight translation of the decision at
				no cost to the party needing interpreter services.
(2) OAH must provide the party needing
				interpreter services information about how to obtain those services.
				Information about how to access interpreter services must be attached to or
				included in the decision or order. The individual who provides the interpreter
				services does not need to be the same individual who provided the interpreter
				services at the hearing.
(3) OAH or
				the review judge must provide a copy of a decision or order to an interpreter
				for use in sight translation.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › INITIATING AN ACTION › Section 110-03-0160 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				hearing is requested, OAH serves the parties and their representatives,
				including all persons who have filed written petitions to intervene, with a
				written notice of the hearing date. The notice must be served not fewer than
				seven business days before the hearing date.
(2) The notice of hearing will include:
(a) The names, mailing addresses, and
				telephone numbers of all parties to whom notice is being given and, if known,
				the names and addresses of their representatives;
(b) The date of the hearing
				request;
(c) The official file or
				other reference number and the name of the proceeding;
(d) If DCYF intends to appear, the mailing
				address and telephone number of the office designated to represent
				DCYF;
(e) The name, mailing
				address, and telephone number of the ALJ who will preside, if known;
(f) The date, time, place, and nature of the
				hearing;
(g) The legal authority
				and jurisdiction for the hearing, including a reference to the particular
				sections of the statutes and rules involved; and
(h) A short and plain statement of the
				matters asserted by the agency.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0165 - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1) An ALJ or other
				presiding officer may grant a petition for intervention pursuant to
				RCW
				  34.05.443.
(2) A request to intervene will be handled as
				a prehearing motion. The ALJ may allow intervention if:
(a) The intervenor is not a party to the
				matter but has a substantial interest in the outcome of the matter and the
				interest of the intervenor is not adequately represented by a party;
				or
(b) Other good cause
				exists.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0170 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
(1) One
				or more prehearing conferences may be required and conducted by an ALJ before a
				hearing. A prehearing conference may be set on the initiative of the ALJ or
				upon request of a party.
(2) OAH
				will send notice of the time and date of a pre-hearing conference to all
				parties and their representatives at least seven business days before the date
				of the prehearing conference except when:
(a)
				An ALJ converts a scheduled hearing into a prehear-ing conference; or
(b) The only purpose of the prehearing
				conference is to consider whether there is good cause to grant a continuance
				under WAC 110-03-0250.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0180 - Purposes of prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
(1) The purposes of the prehearing
				conferences are to clarify issues, set deadlines for the parties to exchange
				information regarding witnesses and evidence, and set the time for the
				hearing.
(2) During a prehearing
				conference, the parties and the ALJ may:
(a)
				Simplify or clarify the issues to be decided during the hearing;
(b) Agree to the date, time, and place of the
				hearing;
(c) Identify any
				accommodation or safety issues;
(d)
				Agree to continue the hearing;
(e)
				Allow the parties to make changes in their own documents including, but not
				limited to, the DCYF notice of an appealable action or the appealing party's
				hearing request;
(f) Agree to facts
				and documents to be entered during the hearing;
(g) Set a deadline for each party to file and
				serve a document containing the names and phone numbers of witnesses and copies
				of all documents and other exhibits that will be presented at the
				hearing;
(h) Schedule additional
				prehearing conferences;
(i) Resolve
				the dispute;
(j) Consider granting
				a stay if authorized by law or DCYF rule;
(k) Consider a motion for summary judgment or
				other motion;
(l) Determine any
				other procedural issues that may be raised by the parties; or
(m) Schedule child witness
				hearings.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0190 - Prehearing conference order

Current through Register Vol. 24-14, July 15, 2024
(1)
				After the prehearing conference ends, the ALJ will serve a prehearing
				conference order describing:
(a) The decisions
				made or actions taken during the conference;
(b) Any changes to DCYF's or any other
				party's initial documents; and
(c)
				Any agreements reached.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0200 - Assignment and challenge of assignment of administrative law judge or review judge

Current through Register Vol. 24-14, July 15, 2024
(1) OAH assigns
				an ALJ at least five business days before the hearing. A party or a party's
				representative may learn which ALJ is assigned to the hearing by calling or
				writing to the OAH field office listed on the notice of hearing.
(2) A party may request a different ALJ under
				RCW
				  34.12.050 and
				34.05.425.
(a) Under
				RCW
				  34.12.050, a party requesting a different ALJ
				must file a written motion of prejudice at least three business days before the
				hearing or at least three business days before any earlier stage of the
				proceeding at which the ALJ may issue a discretionary ruling;
(i) The motion of prejudice must include an
				affidavit stating the reasons that the party believes the assigned ALJ cannot
				fairly decide the case or other discretionary issue;
(ii) The party must file the request with the
				chief ALJ at the OAH headquarters and serve a copy of the request at the same
				time on all other parties and their representatives.
(iii) The first request for a different ALJ
				under
				RCW
				  34.12.050 will be automatically granted. Any
				subsequent request may be granted or denied in the discretion of the chief ALJ
				or the chief ALJ's designee.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0210 - Rules an ALJ or review judge must apply when making a decision

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ or
				review judge must first apply the DCYF rules adopted in the Washington
				Administrative Code.
(2) If no DCYF
				rule applies, the ALJ or review judge must decide the issues according to the
				best legal authority and reasoning available, including federal and Washington
				state constitutions, statutes, rules, and appellate court decisions.
(3) When applying DCYF program rules
				regarding the substantive rights and responsibilities of the parties, the ALJ
				or review judge must apply the DCYF program rules in effect on the date the
				DCYF issued a written notice of a DCYF action, unless otherwise required by
				other rule or law. If DCYF amends its notice of action, the ALJ or review judge
				must apply the rules in effect on the date the amendment was made, unless
				otherwise required by other rule or law.
(4) When applying procedural rules, the ALJ
				or review judge must apply the rules that are in effect on the date the
				procedure is followed.
(5) The ALJ
				or review judge must apply the rules in this chapter beginning on the date each
				rule is effective.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0220 - Challenges to validity of DCYF rules

Current through Register Vol. 24-14, July 15, 2024
(1) Neither an ALJ nor a review judge may
				decide that a DCYF rule is invalid or unenforceable. Only a superior or
				appellate court may decide this issue.
(2) If the validity of a DCYF rule is raised
				during the hearing, the ALJ or review judge may allow evidence and argument for
				later court review.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0230 - Amendment to notice of DCYF action or a party's request for hearing

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ must
				allow DCYF to amend (change) the notice of DCYF action before or during the
				hearing to match the evidence and facts.
(2) If DCYF amends its notice, it must do so
				in writing and serve a copy on OAH and the other parties and their
				representatives at the same time.
(3) The ALJ must allow an appealing party or
				the party's representative to amend a hearing request before or during the
				hearing to conform with an amended notice of DCYF action.
(4) If either DCYF or a party makes an
				amendment, the ALJ must offer to continue or postpone the hearing to give the
				parties more time to prepare or present evidence or argument if there is a
				significant change from DCYF's earlier notice of action or from the party's
				request for hearing.
(5) If the ALJ
				grants a continuance, OAH must serve a new hearing notice on all parties and
				their representatives at least seven business days before the new hearing
				date.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0240 - Changes of address

Current through Register Vol. 24-14, July 15, 2024
(1) The parties
				and their representatives must contact DCYF and OAH as soon as possible to
				update any changed name, mailing address, or telephone contact
				information.
(2) Unless informed of
				a different mailing address by a party or representative before documents are
				mailed by OAH or DCYF to the address on record, proper notice will be presumed
				to have been given.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0250 - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) Any party or
				party's representative may request a continuance either orally or in writing
				and must notify all other parties of the request at the same time the request
				is made.
(2) Before contacting the
				ALJ to request a continuance, a party and the party's representative are
				encouraged to contact the other parties to determine if they will agree to a
				continuance.
(3) The party or
				representative requesting a continuance must inform the ALJ whether the other
				parties and their representatives agree to the continuance.
(a) If the parties agree to a continuance,
				the ALJ may grant the request.
(b)
				If the parties do not agree to a continuance, the ALJ will set a hearing to
				decide whether there is good cause to grant the request for
				continuance.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0260 - Failure to timely request a hearing, orders of dismissal, and orders of default

Current through Register Vol. 24-14, July 15, 2024
(1) A party's
				failure to request a hearing to challenge a DCYF action within the time limit
				required by statute or rule results in the action becoming final and the loss
				of any right to a hearing. A final order resulting from a party's failure to
				timely request a hearing may not be vacated. Except for public assistance
				cases, there is no good cause exception to the requirement to timely request a
				hearing. For public assistance cases, if an applicant or recipient does not
				file a request for a hearing within 90 calendar days after receiving notice of
				an aggrieving decision, the request may still be filed within one year of the
				aggrieving decision upon a showing of good cause.
(2) An order of dismissal served on the
				parties and their representatives by an ALJ to end an adjudicative proceeding
				may be based on withdrawal of the hearing request by the appealing party, the
				appealing party's failure to appear or refusal to meaningfully participate in
				the proceedings, a request for dismissal based on a written agreement between
				the parties, or a request for dismissal made by DCYF.
(a) If a hearing is dismissed because the
				appealing party withdrew the request, did not appear, or refused to
				meaningfully participate, the DCYF action becomes the final agency
				action.
(b) If the hearing is
				dismissed pursuant to a written agreement between the parties, the parties must
				comply with the agreement.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0270 - Vacating an order of default or order of dismissal

Current through Register Vol. 24-14, July 15, 2024
(1) A party may ask the ALJ to vacate (set
				aside) an order of default or dismissal that is not due to a party's failure to
				timely request a hearing to appeal a DCYF action, as provided in WAC
				110-03-0260(1).
(2) An agreed order
				of dismissal may be vacated only upon proof that a party has violated a
				condition of the agreed order of dismissal.
(3) A request to vacate an order of default
				or dismissal based on a party's failure to attend or refusal to meaningfully
				participate in a prehearing conference or hearing must be filed with OAH within
				twenty-one calendar days after the date the order of default or dismissal was
				served. The order becomes a final order if no request is received by that date.
(a) A request to vacate an order of default
				or dismissal must specify why the party believes there is good cause for the
				order to be vacated.
(b) OAH will
				schedule a hearing on the request to vacate the order.
(c) At the hearing, the ALJ will receive
				brief statements and argument from the parties on whether there is good cause
				for an order of default or dismissal to be vacated.
(d) The ALJ will vacate an order of dismissal
				or order of default and will reinstate the hearing if the party requesting
				reinstatement shows good cause for the order to be vacated.
(e) The ALJ will deny a motion to vacate if
				the ALJ determines that good cause was not shown.
(f) Any motion to vacate an order of
				dismissal or default that is filed more than twenty-one days after the order of
				dismissal or default was served on the parties and their representatives will
				be denied.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0280 - Stay of DCYF action

Current through Register Vol. 24-14, July 15, 2024
Unless specific program rules or law provide otherwise, the
				  appealing party may request that an ALJ or review judge stay (stop) a DCYF
				  action until there is a decision entered by the ALJ or review judge. Stay of
				  summary suspension of child care license actions are governed by WAC
				  110-03-0290.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › PREHEARING PROCEDURES AND MISCELLANEOUS PROVISIONS › Section 110-03-0290 - Stay of summary suspension of child care license

Current through Register Vol. 24-14, July 15, 2024
(1) The department may immediately and
				summarily suspend a child care license when:
(a) It finds that conditions in the licensed
				facility constitute an imminent danger to a child or children in care;
				or
(b) The public health, safety,
				or welfare requires emergency action.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0300 - Conduct of hearings

Current through Register Vol. 24-14, July 15, 2024
(1) Hearings may
				be held in person or by telephone conference or other electronic
				means.
(2) Parties and their
				witnesses may appear in person or by telephone conference as determined by the
				ALJ. An ALJ may require parties 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.
(3) The parties have the right to see all
				documents, hear all testimony, and question all witnesses.
(4) When a hearing is held by telephone or
				other electronic means, all documentary evidence must be filed and served on
				the parties and their representatives in advance of the hearing.
(5) All hearings must be recorded.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0310 - Authority of the administrative law judge

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. The ALJ's
				authority is limited to determining whether the action taken by the department
				was justified based on the evidence presented during the hearing. The ALJ does
				not have authority to substitute or impose an alternative sanction, remedy, or
				action.
(2) As needed, the ALJ may:
(a) Administer oaths and
				affirmations;
(b) Determine the
				order for presenting evidence;
(c)
				Issue subpoenas and protective orders as provided in the Administrative
				Procedure Act;
(d) Rule on
				objections, motions, and other procedural matters;
(e) Rule on motions for summary
				judgment;
(f) Rule on offers of
				proof and admit relevant evidence;
(g) Close parts of a hearing to public
				observation or order the exclusion of witnesses upon a showing of good cause,
				pursuant to
				RCW
				  34.05.449(5);
(h) Question witnesses called by the parties
				in an impartial manner to develop any facts deemed necessary to fairly and
				adequately decide the matter;
(i)
				Request additional exhibits or testimony following a finding that the
				additional evidence is necessary to complete the record, provided all parties
				are given a full opportunity for cross-examination, rebuttal, or
				both;
(j) Take official notice of
				facts pursuant to
				RCW
				34.05.-452(5);
(k) Regulate the course of the hearing and
				take any appropriate action necessary to maintain order during the
				hearing;
(l) Permit or require oral
				argument or briefs and determine the time limits for submission
				thereof;
(m) Issue an order of
				default pursuant to
				RCW
				34.05.-440;
(n) Hold prehearing conferences;
(o) Allow a party to waive rights given by
				chapter 34.05 RCW or these rules unless another law prevents it;
(p) Decide whether a party has a right to a
				hearing;
(q) Permit and regulate
				the taking of discovery;
(r)
				Consider granting a stay if authorized by law or DCYF rule; and
(s) Take any other action necessary and
				authorized by any applicable statute or rule.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0320 - Procedures at the hearing

Current through Register Vol. 24-14, July 15, 2024
(1) At
				the hearing, the ALJ:
(a) Explains the rights
				of the parties;
(b) Marks and
				admits or rejects exhibits;
(c)
				Sustains or overrules objections made by the parties, as provided by
				law;
(d) Ensures that a record is
				made;
(e) Explains that a decision
				is mailed after the hearing; and
(f) Notifies the parties of appeal
				rights.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0330 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence
				includes documents, objects, and testimony offered during the hearing to help
				prove a party's position.
(2)
				Evidence may include all or parts of original documents or copies of the
				originals.
(3) If a witness cannot
				appear at the hearing, a statement signed by the witness under oath or
				affirmation may be offered as evidence; however, an ALJ may give more weight to
				testimony that provides opportunity for cross-examination by the other
				parties.
(4) An ALJ's decision will
				be based only on admitted evidence.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0340 - Introduction of evidence into the record

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ may set a deadline before the
				hearing for the parties to provide proposed exhibits and names of witnesses to
				the ALJ and to all other parties. 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) The other parties
				agree to waive the deadline.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0350 - Objections to evidence

Current through Register Vol. 24-14, July 15, 2024
(1) Although a
				party may offer any documents and testimony at the hearing to support the
				party's position, other parties may object to the evidence and may question the
				witnesses. For example, a party may object to the authenticity or
				admissibil-ity of any exhibit or offer argument about how much weight the ALJ
				should give the exhibit.
(2) The
				ALJ determines whether to admit the evidence and what weight (importance) to
				give it.
(3) If the ALJ does not
				admit the evidence, the party may make an offer of proof to show why the ALJ
				should admit it. The offer of proof preserves the issue for appeal. To make an
				offer of proof, a party presents evidence and argument on the record to show
				why the ALJ should consider the evidence.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0360 - Stipulations

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 are
				correct or authentic.
(2) If an ALJ
				accepts a stipulation, the ALJ must enter the stipulation into the
				record.
(3) A stipulation may be
				made before or during the hearing.
(4) Any party bound by a stipulation may be
				permitted to withdraw it, in whole or in part, at any time prior to closure of
				the hearing, by showing that the stipulation was made inadvertently or under a
				bona fide mistake of fact and that its withdrawal will not unjustly prejudice
				the rights of other parties to the proceeding.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0370 - Exhibits

Current through Register Vol. 24-14, July 15, 2024
(1) Exhibits are
				documents or other objects that a party wants the ALJ to consider as evidence.
				If the ALJ admits an exhibit into evidence, it will be considered by the ALJ in
				reaching a decision in the case.
(2) The ALJ may require the parties to mark
				and number their proposed exhibits before the hearing and to provide copies to
				the other parties as far ahead of the hearing as possible.
(3) The ALJ admits exhibits into the record
				by marking, listing, identifying, and admitting the proposed
				exhibits.
(4) The ALJ may also
				exclude proposed exhibits from the record.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0380 - Official notice

Current through Register Vol. 24-14, July 15, 2024
(1) Official
				notice is evidence that includes facts or standards that are generally
				recognized and accepted by judges, government agencies, or national
				associations, such as a calendar, building code, or standard of
				practice.
(2) An ALJ may consider
				and admit evidence by taking official notice.
(3) If a party requests official notice, or
				if the ALJ intends to take official notice, the ALJ may ask the party to
				provide a copy of the document that contains the information.
(4) The ALJ must give the parties time to
				object to official notice evidence.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0390 - Witnesses

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) Witnesses may include:
(a) A party: The appealing party or a DCYF
				representative; and
(b) Anyone a
				party or the ALJ asks to be a witness. This can include a person who has
				knowledge of relevant facts or an expert witness who is qualified by knowledge,
				experience, and education to give opinions or evidence in a specialized
				area.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0400 - Requiring witnesses to testify or provide documents

Current through Register Vol. 24-14, July 15, 2024
(1) 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.
(2) ALJs, DCYF, and
				attorneys for the parties may prepare subpoenas.
(3) If a party is not represented by an
				attorney, the party may ask the ALJ to prepare a subpoena on that party's
				behalf:
(a) The ALJ may schedule a hearing to
				decide whether to issue a subpoena;
(b) There is no cost to the requesting party
				to have an ALJ prepare a subpoena, but the requesting party must pay for:
(i) Serving the subpoena;
(ii) Enforcing compliance with a subpoena;
				and
(iii) Witness fees required
				according to
				RCW
				  34.05.446(7).
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0410 - Serving a subpoena

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 at least eighteen years old.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0420 - Testimony

Current through Register Vol. 24-14, July 15, 2024
(1) All testimony
				of witnesses, including parties, must be made under oath or
				affirmation.
(2) Direct
				examination. All witnesses may be asked questions by the party who calls the
				witness to testify. Each witness:
(a) May
				testify in person, or by telephone if approved by the ALJ;
(b) May request an interpreter from OAH at no
				cost to the parties;
(c) May be
				subpoenaed and ordered to appear according to WAC
				110-03-0400.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0430 - Burden of proof and standard of proof

Current through Register Vol. 24-14, July 15, 2024
(1) The party who has the burden of proof is
				the party who has the responsibility to provide evidence to persuade the ALJ
				that a position is correct under the standard of proof required.
(2) Standard of proof refers to the amount of
				evidence needed to prove a party's position. Unless a rule or the 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.
(3) The ALJ
				decides if a party has met the burden and standard of proof.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0440 - 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 DCYF from collecting an overpayment.
(2) Equitable estoppel contains five
				elements, all of which must be proved by clear and convincing evidence:
(a) DCYF made a statement or took action or
				failed to take an action, which is inconsistent with its later claim or
				position regarding an overpayment;
(b) The appealing party reasonably relied on
				DCYF's original statement, action or failure to act;
(c) The appealing party will be injured if
				DCYF is allowed to contradict the original statement, action or failure to
				act;
(d) Equitable estoppel is
				needed to prevent a manifest injustice; and
(e) The exercise of government functions is
				not impaired.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0450 - Closing the hearing record

Current through Register Vol. 24-14, July 15, 2024
(1) The
				hearing record is closed:
(a) At the end of
				the hearing if the ALJ does not allow more time to offer evidence or argument;
				or
(b) After the deadline set by
				the ALJ for offering evidence or argument has passed.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0460 - Timing of the ALJ's decision

Current through Register Vol. 24-14, July 15, 2024
(1)
				Except as provided in subsection (2) of this section, after the record is
				closed, the ALJ must write an initial order and serve the initial order in
				writing within ninety calendar days, unless this period is waived or extended
				for good cause shown.
(2) The ALJ
				must issue an oral decision immediately following a parole revocation hearing
				and issue a final order within forty-eight hours of the hearing.
(3) The initial or final order may be served
				on a party by electronic distribution, with a party's agreement.