WSR 18-07-059
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed March 15, 2018, 2:51 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-01-066.
Title of Rule and Other Identifying Information: WAC 182-526-0284 Orders of default and 182-526-0285 Orders of dismissal.
Hearing Location(s): On April 24, 2018, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, Sue Crystal Conference Room 106A, 626 8th Avenue, Olympia, WA 98504. Metered public parking is available street side around building. A map is available at https://www.hca.wa.gov/assets/program/Driving-parking-checkin-instructions.pdf or directions can be obtained by calling 360-725-1000.
Date of Intended Adoption: Not sooner than April 25, 2018.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by April 24, 2018.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, TTY 800-848-5429 or 711, email amber.lougheed@hca.wa.gov, by April 20, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is revising WAC 182-526-0284 to (1) clarify that the notice of default includes a notice of inquiry, (2) add that an order of default becomes a final order by operator of law, (3) if an appellant fails to appear at a prehearing conference scheduled to address the petition to vacate, the order of default becomes a final order, and (4) the appellant may seek judicial review of a final order of default to the superior court.
The agency is revising WAC 182-526-0285 to (1) add that an order of dismissal becomes a final order by operation of law, (2) if an appellant fails to appear at a prehearing conference scheduled to address the petition to vacate, the order of dismissal becomes a final order, and (3) add that the appellant may seek judicial review of a final order of dismissal to the superior court.
Reasons Supporting Proposal: See purpose above.
Statutory Authority for Adoption: RCW
41.05.021,
41.05.160, 42 C.F.R. Part 431, Subpart E – Fair Hearings for Applicants and Beneficiaries.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Vance Taylor, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1344; Implementation and Enforcement: Evelyn Cantrell, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-9970.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. RCW
34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
March 15, 2018
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-05-066, filed 2/13/17, effective 3/16/17)
WAC 182-526-0284Orders of default.
(1) An order of default may be entered when the appellant fails to attend a scheduled prehearing conference or hearing. The order of default will include ((an))a notice of inquiry as to whether the appellant wants to petition to reinstate the hearing.
(2) The appellant may file a petition to vacate an order of default under WAC 182-526-0290.
(3) An order of default becomes a final order ((
dismissing))
by operation of law, disposing of the appellant's request for a hearing
under RCW 34.05.440 if
:(a) The appellant does not file a petition to vacate within twenty-one calendar days of the order being served (mailed) on the parties under WAC 182-526-0290 (2) and (5)(b); or
(b) If the appellant fails to appear at a prehearing conference scheduled to address the petition to vacate under WAC 182-526-0290 (3) and (4)(a).
(4) The health care authority or managed care organization action stands after an order of default becomes a final order.
(5) The appellant may seek judicial review of a final order of default to the superior court under WAC 182-526-0640.
AMENDATORY SECTION(Amending WSR 17-05-066, filed 2/13/17, effective 3/16/17)
WAC 182-526-0285Orders of dismissal.
(1) An order of dismissal may be entered when the appellant withdraws the request for hearing under WAC 182-526-0115.
(2) An appellant may file a petition (request) to vacate an order of dismissal under WAC 182-526-0290.
(3) An order of dismissal becomes a final order ((
if))
by operation of law, disposing of the appellant's request for a hearing under RCW 34.05.440 if:(a) The appellant does not file a petition to vacate the order within twenty-one calendar days of the order being served (mailed) on the parties under WAC 182-526-0290 (2) and (5)(b); or
(b) The appellant fails to appear at a prehearing conference scheduled to address the petition to vacate under WAC 182-526-0290 (3) and (4)(a).
(4) The health care authority or managed care organization action stands after an order of dismissal becomes a final order.
(5) The appellant may seek judicial review of a final order of dismissal to the superior court under WAC 182-526-0640.