WSR 17-08-088 EMERGENCY RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed April 4, 2017, 3:22 p.m., effective April 4, 2017, 3:22 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The agency recently filed the permanent rules for chapter 182-526 WAC under WSR 17-05-066, filed February 13, 2017. This emergency rule corrects an error in subsections (4) and (6) of WAC 182-526-0290. In subsection (4), if an appellant fails to appear at the scheduled prehearing conference to address the petition to vacate, the order becomes a final order. The administrative law judge (ALJ) or review judge does not dismiss the matter with prejudice. In subsection (6), if the petition to vacate is not filed timely or the appellant fails to establish good cause to excuse any default or to reinstate the matter for hearing, the ALJ must issue an initial order, not a final order, dismissing the appeal.
Citation of Existing Rules Affected by this Order: Amending WAC 182-526-0290.
Other Authority: 42 C.F.R. 431.10.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency is necessary to accurately reflect the agency's process for reinstating a hearing after an order of default or an order of dismissal and to comply with the federal single state agency regulation in 42 C.F.R. 431.10.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: April 4, 2017.
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-05-066, filed 2/13/17, effective 3/16/17)
WAC 182-526-0290 Reinstating a hearing after an order of default or an order of dismissal.
(1) If an order of default was entered under WAC 182-526-0284, or an order of dismissal was entered under WAC 182-526-0285, the appellant may file a petition (request) to vacate (set aside) the order.
(a) The petition to vacate must be filed with the office of administrative hearings (OAH) or the board of appeals (BOA) for nursing home rates cases.
(b) BOA forwards any petition to vacate to OAH except for nursing home rates cases.
(c) The appellant must specify in the petition to vacate the reason why the order should be vacated.
(2) The petition to vacate must be filed within twenty-one calendar days of service (mailing) of the order to the parties. If the petition to vacate is not filed by the deadline, the order of default or order of dismissal becomes a final order.
(3) If OAH receives a petition to vacate, OAH schedules a prehearing conference and serves all parties with a notice of a prehearing conference under WAC 182-526-0250.
(4) If the appellant fails to appear at the scheduled prehearing conference to address the petition to vacate((:
(a))) the order becomes ((the)) a final order((; and
(b) The ALJ or review judge must dismiss the matter with prejudice)).
(5)(a) If the appellant appears for the scheduled prehearing conference:
(b) The ALJ or review judge will receive evidence and argument from the parties regarding whether:
(i) The petition to vacate was timely filed; and
(ii) The appellant has established good cause to excuse any default and to reinstate the matter for hearing.
(6) The ALJ ((or review judge)) must issue ((a final)) an initial order or the review judge must issue a final order dismissing the appeal ((and terminating the hearing process)) if:
(a) The petition to vacate was not filed timely; or
(b) The appellant fails to establish good cause to excuse any default or to reinstate the matter for hearing.
(7) If the ALJ or review judge rules that the order of default or order of dismissal is vacated, the matter may proceed to hearing and the parties may present argument and evidence about the issues identified in the original request for hearing. The hearing may occur:
(a) Immediately following the prehearing conference if agreed to by the parties and the ALJ; or
(b) At a hearing date scheduled by OAH under WAC 182-526-0250.
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