Washington Administrative Code › Title 182 - Health Care Authority › PUBLIC EMPLOYEES BENEFITS BOARD (PEBB) PROGRAM › Chapter 182-16 - Appeals practice and procedure › Part III - FORMAL ADMINISTRATIVE HEARINGS › Section 182-16-3140 - Orders of dismissal-Reinstating a formal administrative hearing after an order of dismissal

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