Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › GENERAL PROVISIONS › Section 110-03-0020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Adjudicative proceeding" means a proceeding in which an
				  opportunity for a hearing occurs before an administrative law judge (ALJ)
				  concerning an administrative appeal of a DCYF action. Hearings and prehearing
				  conferences are elements of adjudicative proceedings. An adjudicative
				  proceeding may take place before the office of administrative hearings (OAH)
				  and may also encompass review proceedings before a DCYF board of appeals (BOA)
				  review judge.
"Administrative law judge" or "ALJ" means an impartial
				  decision-maker who is an attorney and presides over an adjudicative proceeding
				  resulting in an initial order, or resulting in a final order if no appeal of
				  the initial order is properly made or if no further agency appeal is
				  available.
"Adverse action" or "DCYF action" or "department action"
				  means licensing, the enforcement of a statute, the application of an agency
				  rule or order, the imposition of sanctions, or the granting or withholding of
				  benefits.
"Board of appeals" or "BOA" means the DCYF board of appeals,
				  the entity to which an initial order of an ALJ may be appealed and considered
				  by a review judge.
"Business days" means all days except for Saturdays, Sundays,
				  federal legal holidays, and state legal holidays listed in
				  RCW
				    1.16.050(1).
"Business hours" means 8:00 a.m. to 5:00 p.m. Monday through
				  Friday, except state legal holidays.
"Calendar days" means all days including Saturdays, Sundays,
				  federal legal holidays, and state legal holidays as listed in
				  RCW
				    1.16.050(1).
"Case" means the entire adjudicative proceeding following the
				  filing of a request for hearing with OAH.
"Continuance" means a change to a later date or time of a
				  pre-hearing conference, hearing, or deadline for other action.
"DCYF" or "department" means the department of children,
				  youth, and families.
"DCYF" or "department representative" means an employee of
				  the department, an assistant attorney general, or special assistant attorney
				  general authorized to represent DCYF in an administrative hearing.
"Documents" means papers, letters, writings, or other printed
				  or written items.
"Ex parte contact" means a written or oral communication with
				  an ALJ or review judge about something related to the hearing when all other
				  parties are not present, as provided in
				  RCW
				    34.05.455. Procedural questions are not
				  considered an ex parte contact. Examples of procedural questions include
				  clarifying the hearing date, time, or location or asking for directions to the
				  hearing location.
"File" means delivering documents to OAH or the BOA at the
				  location designated in this chapter or in a notice or order received from OAH
				  or the BOA. The date of filing is the date documents are actually received
				  during office hours by OAH or the BOA.
(a) Filing may be by:
(i) Personal service (hand
				delivery);
(ii) First class,
				registered, or certified mail;
(iii) Fax transmission, if the party also
				mails a copy of the document the same day;
(iv) Commercial delivery service;
				or
(v) Legal messenger
				service.