reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-10-404 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) As
				  provided in WAC
				  246-10-205, the
				  presiding officer may schedule one or more prehearing conferences to be held
				  prior to the hearing. Parties will be notified of the time and place of the
				  first prehearing conference in the scheduling order.
(2) The presiding officer shall conduct
				  prehearing conferences and shall issue rulings related to prehearing motions
				  and evidentiary issues. The rulings shall govern the conduct of subsequent
				  proceedings.
(3) A prehearing
				  conference may be recorded as ordered by the presiding officer. All offers of
				  proof and objections concerning matters raised at the prehearing conference
				  must be made on the record at the prehearing conference.
(4) Following the final prehearing
				  conference, the presiding officer shall issue a written prehearing order which
				  will:
(a) Identify the issues to be
				  considered at the hearing and indicate which party has the burden of proof on
				  these issues;
(b) Specify the facts
				  which are admitted or not contested by the parties;
(c) Identify those documents and exhibits
				  that will be admitted at hearing, and those which may be distributed prior to
				  the hearing;
(d) Identify expert
				  and lay witnesses that may be called at hearing and the issues to which those
				  witnesses may testify;
(e) Rule on
				  motions;
(f) Address such other
				  issues or matters as may be reasonably anticipated to arise and which may aid
				  in the disposition of the proceedings; and
(g) Rule on objections made in any preserved
				  testimony.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION IV - SETTLEMENT AND PREHEARING PROCEEDINGS › Section 246-10-405 - Protective orders

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  presiding officer shall issue a protective order to preserve confidentiality
				  related to health care records or provider-client information as required under
				  state and federal law including, but not limited to, chapter 70.02 RCW; Public
				  Law No. 104-191, 110 Statute 1936 (Health Insurance Portability and
				  Accountability Act (HIPAA)); and  45 C.F.R. Part 164.
(2) The presiding officer may issue
				  additional protective orders at his or her discretion:
(a) To protect a party or person from
				  annoyance, embarrassment, oppression, or undue burden or expense;
(b) To protect examination
				  processes;
(c) To protect the
				  identity of a person supplying information to the department where the person
				  indicates a desire for nondisclosure unless that person testifies or has been
				  called to testify at an adjudicative proceeding; or
(d) To comply with applicable state or
				  federal law.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-10-502 - Preliminary record in brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The preliminary record with respect to an
				  application for a professional, business, or facility license, or for approval
				  of a school or curriculum must consist of:
(a)
				  The application for the license or approval and all associated
				  documents;
(b) All documents relied
				  on by the program in proposing to deny the application;
(c) All correspondence between the applicant
				  for license or approval and the program regarding the application.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-10-503 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
				  conducted by a presiding officer for brief adjudicative proceedings designated
				  by the assistant secretary having responsibility for the program that issued
				  the initiating document that is the subject of the proceeding. The presiding
				  officer for brief adjudicative proceedings shall have agency expertise in the
				  subject matter but shall not have personally participated in the decision to
				  issue the initiating document.
(2)
				  The parties or their representatives may present written documentation in
				  addition to the preliminary record. The presiding officer for brief
				  adjudicative proceedings shall designate the date by which written documents
				  must be submitted by the parties.
(3) The presiding officer for brief
				  adjudicative proceedings may, in his or her discretion, entertain oral argument
				  from the parties or their representatives, at a time and place designated by
				  the presiding officer for brief adjudicative proceedings.
(4) No witnesses may appear to
				  testify.
(5) In addition to the
				  record, the presiding officer for brief adjudicative proceedings may employ
				  agency expertise as a basis for decision.
(6) The presiding officer for brief
				  adjudicative proceedings shall not issue an oral order. Within ten days of the
				  final date for submission of materials or oral argument, if any, the presiding
				  officer for brief adjudicative proceedings shall enter an initial order in
				  accordance with WAC
				  246-10-608.
Statutory Authority:
						RCW
						18.130.050 and
						43.70.040. 96-21-027, §
						246-10-503, filed 10/7/96, effective 11/7/96. Statutory Authority:
						RCW
						   43.70.040. 94-04-079, § 246-10-503,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-503,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-10-504 - Effectiveness of orders on brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Initial orders on brief adjudicative
				  proceedings become final twenty-one days after service of the initial order
				  unless:
(a) Administrative review has been
				  requested pursuant to WAC
				  246-10-701;
				  or
(b) On his or her own
				  initiative, a designee of the secretary authorized to issue final orders
				  determines to review the matter and, within twenty-one days of service of the
				  initial order, provides notice to the parties of the date by which a
				  determination will be made.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION V - BRIEF ADJUDICATIVE PROCEEDINGS › Section 246-10-505 - Agency record in brief proceedings

Current through Register Vol. 24-14, July 15, 2024
The agency record of brief adjudicative proceedings shall
					 consist of:
(1) The preliminary record
				  as set forth in WAC
				  246-10-502;
(2) All initiating documents including the
				  notice of opportunity to defend;
(3) The request for adjudicative
				  proceeding;
(4) All documents
				  submitted in the proceeding;
(5)
				  Any transcript or recording of any arguments presented; and
(6) All orders issued in the case.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-505, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-601 - Notice of adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
Notice of an adjudicative proceeding shall be issued
					 pursuant to
					 RCW
					    34.05.434.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-601, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-602 - Conduct of adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) The adjudicative proceeding shall be
				  conducted as provided in
				  RCW
				     34.05.449 through
				  34.05.455.
(2) The presiding officer may take the
				  following actions to the extent not already determined in a prehearing order:
(a) Conduct the hearing de novo;
(b) Determine the order of presentation of
				  evidence;
(c) Administer oaths and
				  affirmations;
(d) Issue
				  subpoenas;
(e) Rule on procedural
				  matters, objections, motions, and offers of proof;
(f) Receive relevant evidence;
(g) Interrogate witnesses called by the
				  parties in an impartial manner to develop any facts necessary to fairly and
				  adequately decide the matter;
(h)
				  Call additional witnesses and request additional exhibits deemed necessary to
				  complete the record and receive such evidence subject to full opportunity for
				  cross-examination and rebuttal by all parties;
(i) Take any appropriate action necessary to
				  maintain order during the adjudicative proceeding;
(j) Determine whether to permit or require
				  oral argument or briefs and determine the time limits for submission
				  thereof;
(k) Permit photographic
				  and recording equipment at hearing subject to conditions necessary to preserve
				  confidentiality and prevent disruption;
(l) Permit a person to waive any right
				  conferred upon that person by
				  chapter
				  34.05 RCW or this chapter,
				  except as precluded by law; and
(m)
				  Take any other action necessary and authorized by applicable law or
				  rule.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-603 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				  officer shall rule on objections to the admissibility of evidence pursuant to
				  RCW
				     34.05.452 unless those objections have been
				  addressed in the prehearing order.
(2) The refusal of a witness to answer any
				  question ruled proper shall be grounds for the presiding officer, at his/her
				  discretion, to strike some or all prior testimony by that witness on related
				  matters or to grant a continuance to allow a party to seek a court order to
				  compel the witness to answer.
(3)
				  Each person called as a witness in an adjudicative proceeding shall swear or
				  affirm that the evidence about to be given in the adjudicative proceeding shall
				  be the truth under the provisions of
				  RCW
				     5.28.020 through
				  5.28.060.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-603, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-6035 - Evidence in a certificate of need case

Current through Register Vol. 24-14, July 15, 2024
When a party contests the approval or denial of an
					 application for a certificate of need, the evidence at hearing is limited to
					 information and materials:
(1)
				  Provided to the certificate of need program (program) during the application
				  process by the applicant or an interested or affected party;
(2) Collected by the program during the
				  application process;
(3) Timely
				  submitted and meeting the grounds for reconsideration of a program decision
				  under WAC
				  246-310-560;
				  or
(4) Intended to clarify,
				  explain, or correct evidence admitted under subsections (1) through (3) of this
				  section. Evidence will be admitted under this subsection only if:
(a) The evidence is of consequence to the
				  determination of approving or denying the application; and
(b) The evidence relates to facts in
				  existence prior to whichever of the following occurred last:
(i) The conclusion of a public hearing held
				  in accordance with WAC
				  246-310-180;
				  or
(ii) The end of the public
				  comment period.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-604 - Proposed order

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the hearing or by a date specified by
					 the presiding officer, the presiding officer may require each party to submit
					 to the presiding officer proposed findings of fact and conclusions of law and a
					 proposed order.
Statutory Authority:
						RCW
						43.70.040. 94-04-079, § 246-10-604,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-604,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-605 - Issuance of final order

Current through Register Vol. 24-14, July 15, 2024
If the adjudicative proceeding is conducted by a presiding
					 officer or review officer authorized to make the final decision, the presiding
					 officer or review officer shall:
(1)
				  Issue a final order containing findings of fact and conclusions of law and an
				  order; and
(2) Cause the
				  adjudicative clerk's office to serve a copy of the order on each party and any
				  designated representative of the party.
Statutory Authority:
						RCW
						   18.155.040. 97-12-089, § 246-10-605,
						filed 6/4/97, effective 7/5/97. Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-605, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-606 - Standard of proof

Current through Register Vol. 24-14, July 15, 2024
(1) The order
				  shall be based on the kind of evidence upon which reasonably prudent persons
				  are accustomed to rely in the conduct of their affairs.
(2) In all cases involving an application for
				  license the burden shall be on the applicant to establish that the application
				  meets all applicable criteria. In all other cases the burden is on the
				  department to prove the alleged factual basis set forth in the initiating
				  document.
(3) Except as otherwise
				  required by law, the burden in all cases is a preponderance of the
				  evidence.
Statutory Authority:
						RCW
						18.130.050 and
						34.05.220. 08-14-137, §
						246-10-606, filed 7/1/08, effective 8/1/08. Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-606, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-607 - Consolidated proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When two or more applications for adjudicative proceeding involve a similar
				  issue, the applications may be consolidated by the presiding officer and the
				  hearings conducted together. The presiding officer may consolidate on his/her
				  own motion or upon the request of a party.
(2) A party scheduled for a consolidated
				  proceeding may request to withdraw from the consolidated proceeding in favor of
				  an individual proceeding. The presiding officer may grant a motion to withdraw
				  from a consolidated proceeding at any time when good cause is shown.
(3) Each respondent in a consolidated
				  proceeding shall retain the right to representation.
Statutory Authority:
						RCW
						43.70.040. 94-04-079, § 246-10-607,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-607,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VI - HEARING › Section 246-10-608 - Initial order

Current through Register Vol. 24-14, July 15, 2024
If the adjudicative proceeding is conducted by a presiding
					 officer who is not authorized to make the final decision, the presiding officer
					 shall:
(1) Issue an initial order
				  containing proposed findings of fact, conclusions of law, and a proposed
				  order;
(2) Cause the adjudicative
				  clerk's office to serve a copy of the initial order on each party and any
				  designated representative of a party; and
(3) Forward the initial order and record of
				  the adjudicative proceeding to the adjudicative clerk's office.
Statutory Authority:
						RCW
						   18.155.040. 97-12-089, § 246-10-608,
						filed 6/4/97, effective 7/5/97. Statutory Authority:
						RCW
						   43.70.040. 93-13-005 (Order 369), §
						246-10-608, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-701 - Appeal from initial order and initial order becoming a final order

Current through Register Vol. 24-14, July 15, 2024
(1) Any party may
				  file a written petition for administrative review of an initial order issued
				  under WAC
				  246-10-503
				  or
				  246-10-608 stating
				  the specific grounds upon which exception is taken and the relief
				  requested.
(2) The secretary, upon
				  his or her own motion, may petition for administrative review of an initial
				  order.
(3) Petitions for
				  administrative review must be served upon the opposing party and filed with the
				  adjudicative clerk's office within twenty-one days of service of the initial
				  order.
(4) The opposing party may
				  file a response to a petition for administrative review filed as provided in
				  this section. The response shall be filed at the adjudicative clerk's office.
				  The party filing the response shall serve a copy of the response upon the party
				  requesting administrative review. If the initial order was entered pursuant to
				  WAC
				  246-10-503,
				  the response shall be filed within ten days of service of the petition. In all
				  other matters, the response shall be filed within twenty days of service of the
				  petition.
(5) If a party or the
				  secretary does not request timely administrative review of an initial order as
				  described in this section, or a request for administrative review is dismissed,
				  an initial order becomes a final order at 5:00 p.m. on the twenty-first
				  calendar day after the adjudicative clerk's office serves the initial
				  order.
Statutory Authority:
						RCW
						   18.155.040. WSR 97-12-089, § 246-10-701,
						filed 6/4/97, effective 7/5/97. Statutory Authority:
						RCW
						   43.70.040. WSR 94-04-079, § 246-10-701,
						filed 1/31/94, effective 3/3/94; WSR 93-13-005 (Order 369), § 246-10-701,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-70105 - Requesting a clerical clarification or correction of an initial order

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to an
				  initial order becoming a final order, any party may file a request with the
				  presiding officer who issued the initial order seeking clarification of a term
				  of the initial order or correction of a clerical error.
(2) The request for clarification or
				  correction must be filed and served on the opposing party within five days of
				  the service of the initial order. The opposing party must respond within five
				  days of service of the request for clarification or correction. Both parties
				  must follow the service and filing requirements in WAC
				  246-10-109.
(3) Filing a request for clarification or
				  correction of an initial order freezes the timelines for filing a petition for
				  administrative review with the review officer.
(4) For purposes of this section:
(a) A clerical clarification is a request to
				  clarify an unclear or ambiguous term of the initial order to facilitate
				  implementation of the order and does not change the intent of the initial
				  order.
(b) A clerical error is a
				  mistake that when corrected does not change the intent of the initial
				  order.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-702 - Final orders

Current through Register Vol. 24-14, July 15, 2024
(1) The form
				  and content of final orders:
(a) Must contain
				  findings of fact, conclusions of law, and an order, and must be signed by the
				  presiding officer or review officer.
(b) May adopt by reference the initial order
				  in whole or in part.
(c) May modify
				  or revise the initial order in whole or in part.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-703 - Stay of final orders

Current through Register Vol. 24-14, July 15, 2024
No final order will be stayed except by its own terms or by
					 order of a court of competent jurisdiction.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-10-703, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-704 - Reconsideration of final orders

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Within ten days of service of a final order, either party may file a petition
				  for reconsideration, stating the specific grounds upon which reconsideration is
				  requested and the relief requested.
(2) Grounds for reconsideration are limited
				  to:
(a) Specific errors of fact or law;
				  or
(b) Implementation of the final
				  order would require department activities inconsistent with current department
				  practice; or
(c) Specific
				  circumstances render the person requesting reconsideration unable to comply
				  with the terms of the order.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-705 - Agency record of adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall maintain an official
				  record of each adjudicative proceeding.
(2) The record shall include:
(a) Notices of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs,
				  petitions, and requests filed, and rulings thereon;
(d) Evidence received or
				  considered;
(e) A statement of
				  matters officially noted;
(f)
				  Offers of proof and objections and rulings thereon;
(g) Any proposed findings, requested orders,
				  and exceptions;
(h) Any recording
				  of the adjudicative proceeding and any transcript of all or part of the
				  adjudicative proceeding considered before final disposition of the
				  matter;
(i) Any final order,
				  initial order, or order on reconsideration; and
(j) Matters placed on the record following an
				  ex parte communication, if any.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-706 - Judicial review

Current through Register Vol. 24-14, July 15, 2024
(1) Judicial
				  review of actions taken under this chapter shall be as provided in
				  RCW
				     34.05.510, et seq.
(2) Notice of the opportunity for judicial
				  review shall be provided in all final orders.
(3) Following a petition for judicial review,
				  the record forwarded to the reviewing court shall be those portions of the
				  agency record designated by the parties within the time period set by the
				  secretary.
Statutory Authority:
						RCW
						43.70.040. 94-04-079, § 246-10-706,
						filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-706,
						filed 6/3/93, effective 7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-707 - Vacating an order for reason of default or withdrawal

Current through Register Vol. 24-14, July 15, 2024
(1) A party may petition to vacate a default
				  order entered against that party for failing to attend an adjudicative
				  proceeding requested by that party for good cause. The requesting party shall:
(a) Specify the grounds relied upon in the
				  petition; and
(b) File the petition
				  at the adjudicative clerk's office and with the opposing party within seven
				  days of service of the default order.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-10 - Administrative procedure - Adjudicative proceedings › Section SECTION VII - POSTHEARING PROCESS › Section 246-10-708 - Failure to comply with a disciplinary order

Current through Register Vol. 24-14, July 15, 2024
(1) If the disciplining authority alleges
				  failure to comply with a disciplinary order, the department may file a motion
				  for hearing with the adjudicative clerk's office and serve a copy on the
				  respondent.
(2) Upon receipt of the
				  motion, the adjudicative clerk's office shall issue a notice of hearing on
				  motion notifying the parties of the time, place and date of the administrative
				  hearing.
(3) The sole issue at the
				  hearing shall be whether the respondent failed to comply with a disciplinary
				  order.
(4) At the hearing, the
				  department has the burden of proving it is more probable than not that the
				  respondent failed to comply with a disciplinary order.
(5) The presiding officer will issue an order
				  including findings of fact and conclusion of law.
(6) If the department has proven failure to
				  comply with a disciplinary order, the sanction will be indefinite suspension
				  until compliance is achieved as determined by the disciplining
				  authority.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-001 - Purpose and application of chapter

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter contains model rules for
				  adjudicative proceedings authorized to be conducted under the authority of a
				  board having disciplining authority under the Uniform Disciplinary Act, chapter
				  18.130 RCW. Each board may adopt these rules as contained in this chapter or as
				  modified.
(2) This chapter, as
				  modified and adopted by the board, applies to adjudicative proceedings
				  authorized to be conducted under the authority of the board.
(3) The rules in this chapter are the
				  exclusive rules governing adjudicative proceedings under the jurisdiction of
				  the board.
(4) To the extent that
				  these rules differ by inclusion, deletion, or content from the model rules
				  adopted by the chief administrative law judge pursuant to
				  RCW
				     34.05.250, this chapter shall prevail in
				  order to provide a process consistent with the organization of the department
				  and the board.
(5) Where a
				  provision of this chapter conflicts with another chapter of Title 246 WAC, the
				  provision of this chapter shall prevail.
(6) Where a provision of this chapter
				  conflicts with a provision of the Revised Code of Washington, the statute shall
				  prevail.
Statutory Authority:
						RCW
						   18.130.050(1),
						34.05.220 and
						4.24.250. 93-08-003 (Order 347),
						§ 246-11-001, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-020 - Signature authority

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  person designated by the board shall sign all initiating documents issued under
				  this chapter.
(2) All final orders
				  shall be signed by a member of the panel of board members who heard the
				  matter.
(3) All other orders shall
				  be signed by the presiding officer conducting the proceeding.
(4) Authority to sign is indicated by
				  designation of the title of the person signing and shall not require any other
				  affirmation, affidavit, or allegation.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-020, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-020, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-030 - Appearance of parties

Current through Register Vol. 24-14, July 15, 2024
If a respondent requests an adjudicative proceeding to
					 contest the action, that party shall appear at all stages of the proceeding
					 except as otherwise provided in this section.
(1) If the respondent is represented as
				  provided in this chapter, the respondent shall appear personally at the hearing
				  and at any scheduled settlement conference but need not appear at the
				  prehearing conference or at presentation of motions.
(2) Parties may be represented by counsel at
				  all proceedings.
(3) The respondent
				  may appear by telephone at any portion of the proceedings conducted by
				  telephone, in the discretion of the presiding officer following reasonable
				  advance notice to the presiding officer and to the opposing party.
(4) The requirement of personal appearance
				  may be waived for good cause at the discretion of the presiding
				  officer.
(5) Failure to appear as
				  provided in this chapter is grounds for taking action by default.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-030, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-030, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-040 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
(1) When
				  computing a period of time prescribed or allowed by an applicable statute or
				  rule, the day of the act, event, or default from which the designated period of
				  time begins to run is not included.
(2) The last day of the computed period is
				  included unless the last day is a Saturday, Sunday, or legal holiday.
(3) When the last day is a Saturday, Sunday,
				  or legal holiday, the period ends at 5:00 p.m. on the next day which is not a
				  Saturday, Sunday, or legal holiday.
(4) When the period of time prescribed or
				  allowed is seven days or less, any intermediate Saturday, Sunday, and legal
				  holiday is excluded from the computation.
Statutory Authority:
						RCW
						   18.130.050(1) and
						34.05.220. 93-08-003 (Order 347),
						§ 246-11-040, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-050 - Certification and authentication

Current through Register Vol. 24-14, July 15, 2024
(1) A person's written statement,
				  declaration, verification, certificate, or oath may be authenticated by a
				  written statement which is executed in substantially the following form:
I certify (or declare) under penalty of perjury under the
					 laws of the state of Washington that the foregoing is true and correct.
(Date and Place)
(Signature)
(2)
				  Documents or records may be authenticated by a certification, as provided in
				  subsection (1) of this section, from the custodian of the records or other
				  qualified person that the documents or records are what they purport to
				  be.
(3) Signature of any attorney
				  must be accompanied by and authenticated by that attorney's Washington State
				  Bar Association number.
(4)
				  Documents prepared and submitted by a party who is not represented by an
				  attorney must be signed and dated by that party and must include that party's
				  current address.
(5) Signature by a
				  party or an attorney on a document shall constitute a certificate by the party
				  or attorney that he or she has read the document, believes there are grounds to
				  support it, and has not submitted the document for the purpose of delay,
				  harassment, or needless increase in the cost of a proceeding.
(6) Compliance with certification
				  requirements of subsections (1) and (2) of this section creates a rebuttable
				  presumption that a document is authentic.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-050, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-050, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-060 - Current address

Current through Register Vol. 24-14, July 15, 2024
Each license holder and applicant shall provide a current
					 mailing address and all subsequent address changes to the program. Whenever
					 service upon any such person is required by these rules, the most recent
					 address provided may be used unless the program has actual knowledge that the
					 person resides at a different address.
Statutory Authority:
						RCW
						18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-060, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						18.130.050(1). 93-08-003
						(Order 347), § 246-11-060, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-070 - Representation

Current through Register Vol. 24-14, July 15, 2024
(1) License
				  holders, applicants for license, and recipients of benefits may be represented
				  subject to the following conditions:
(a) A
				  license holder or applicant for license may represent himself or herself or may
				  be represented by an attorney who has complied with the admission to practice
				  rules of the supreme court of the state of Washington.
(b) Every attorney representing a license
				  holder or applicant for license shall file a notice of appearance with the
				  adjudicative clerk's office upon commencing representation, and shall file a
				  notice of withdrawal of counsel with the adjudicative clerk's office upon
				  terminating representation.
(c) No
				  license holder or applicant may be represented in an adjudicative proceeding by
				  an employee of the department.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-080 - Filing and service of documents

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of this section "document"
				  means pleadings, briefs, exhibits, orders, or other materials requested or
				  relevant to an adjudicative proceeding.
(2) Filing. Filing is the act of delivering
				  documents to the adjudicative clerk's office.
(a) A party must file with the adjudicative
				  clerk's office documents required or allowed pursuant to this
				  chapter.
(b) Unless otherwise
				  provided by law or directed by the presiding officer, documents must be filed
				  by:
(i) Hand delivery to the adjudicative
				  clerk's office, except when the office is closed during normal business hours
				  due to exigent circumstances;
(ii)
				  First class, registered, or certified mail;
(iii) Fax transmission ;
(iv) Electronic mail sent to
				  ACOfax@doh.wa.gov ; or
(v) Other
				  secure electronic means as established by the department.
(c) The date of filing is the date the
				  documents are received by the adjudicative clerk's office.
(d) Filing is effective when the documents
				  are received by the adjudicative clerk's office during normal business hours.
				  For documents received after 5:00 p.m. on a business day or on a Saturday,
				  Sunday, or legal holiday, the filing is effective the next business
				  day.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-090 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
(1) The board has
				  jurisdiction over all licenses issued by the board and over all holders of and
				  applicants for licenses as provided in
				  RCW
				     18.130.040(2)(b) and (3).
				  Such jurisdiction is retained even if an applicant abandons or requests to
				  withdraw the application, or a licensee fails to renew a license.
(2) The department has jurisdiction over
				  practice by unlicensed persons of any activity, profession or business for
				  which a license is required unless otherwise prohibited by law.
Statutory Authority:
						RCW
						   18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-090, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-090, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-100 - Telephone proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The presiding officer may conduct all or part of the proceedings or permit a
				  party or witness to appear by telephone or other electronic means if each
				  participant in the proceedings has an opportunity to participate in, hear, and,
				  if technically and economically feasible, see the entire proceeding while it is
				  taking place. Cost of such appearance may be assessed to the party so appearing
				  or on whose behalf the witness appears.
(2) If all or part of the proceedings is
				  conducted as provided in subsection (1) of this section, the parties shall file
				  and serve copies of all documentary evidence no less than three days prior to
				  the proceeding. The presiding officer may, for good cause, allow exceptions to
				  this requirement.
Statutory Authority:
						RCW
						18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-100, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						4.24.250. 93-08-003 (Order 347),
						§ 246-11-100, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-110 - Hearing location

Current through Register Vol. 24-14, July 15, 2024
The presiding officer shall designate sites for the conduct
					 of proceedings taking into account accessibility, efficiency, and
					 economy.
Statutory Authority:
						RCW
						18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-110, filed 1/31/94, effective 3/3/94; 93-08-003 (Order
						347), § 246-11-110, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-120 - Good faith requirement

Current through Register Vol. 24-14, July 15, 2024
Good faith is the standard for compliance with these
					 rules. Failure to make a good faith effort to comply with these rules is
					 grounds for sanctions as provided in this chapter.
Statutory Authority:
						RCW
						   18.130.050(1). 93-08-003
						(Order 347), § 246-11-120, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-130 - Public records

Current through Register Vol. 24-14, July 15, 2024
(1) All papers,
				  exhibits, transcripts, and other materials required by or submitted in
				  accordance with this chapter are public records.
(2) Release of information upon a request for
				  public records is subject to the following limitations:
(a) Release of health care information must
				  comply with chapter 70.02 RCW and any applicable statutes or rules;
				  and
(b) Chapter 42.56 RCW governs
				  the release of records.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-140 - Expenses and witness fees

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The party requesting the appearance of a witness under a subpoena shall pay
				  witness fees and expenses.
(2) The
				  party requesting service of an expert witness shall negotiate and pay fees for
				  the expert witness.
(3) The party
				  incurring expenses in connection with proceedings under this chapter shall pay
				  the expense.
(4) The program shall
				  pay expenses associated with:
(a) The
				  facility in which proceedings are conducted; and
(b) Recording of the proceedings.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-150 - Immunity

Current through Register Vol. 24-14, July 15, 2024
The legislature has determined that persons who file
					 complaints with or provide information to the department or board regarding
					 health care practitioners licensed by the board or department are immune from
					 civil liability, provided that such persons have acted in good faith.
					 RCW
					    4.24.240 through
					 4.24.260,
					 18.130.170,
					 18.130.180, and
					 18.130.300 set forth the
					 provisions under which immunity is granted.
Statutory Authority:
						RCW
						18.130.050(1). 93-08-003
						(Order 347), § 246-11-150, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-160 - Official notice and agency expertise

Current through Register Vol. 24-14, July 15, 2024
(1) Official notice may be taken as provided
				  in RCW
				     34.05.452(5).
(2) The board may use its expertise and
				  specialized knowledge to evaluate and draw inferences from the evidence
				  presented to it.
Statutory Authority:
						RCW
						18.130.050(1) and
						18.130.060(3).
						94-04-078, § 246-11-160, filed 1/31/94, effective 3/3/94. Statutory
						Authority:
						RCW
						   18.130.050(1) and
						34.05.452(5).
						93-08-003 (Order 347), § 246-11-160, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-170 - Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) Orders may
				  include sanctions against either party.
(2) Grounds for sanctions may include:
(a) Failure to comply with this chapter or
				  orders of the presiding officer; and
(b) Willful interference with the progress of
				  proceedings.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-180 - Intervention

Current through Register Vol. 24-14, July 15, 2024
(1) The 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 and will be subject to the dates contained in the
				  scheduling order. The presiding officer 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 other
				  good cause exists; and
(b) Any
				  representative of the intervenor meets the requirements of WAC
				  246-11-070.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-11 - Model procedural rules for boards › Section SECTION I - PRELIMINARY MATTERS › Section 246-11-190 - Form of pleadings and orders

Current through Register Vol. 24-14, July 15, 2024
(1) Pleadings, orders, and other papers
				  filed, served, or entered under this chapter must:
(a) Have a caption with the name of the state
				  of Washington, the name of the board, and the title and cause number, if any,
				  of the proceeding; and
(b) Be
				  signed by the person filing, serving, or entering the document. When that
				  person is an attorney representing a party, the signature block must include
				  the attorney's Washington State Bar Association number.