WSR 22-01-076
PERMANENT RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed December 10, 2021, 10:33 a.m., effective January 10, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: For families and child care providers participating in the working connections and seasonal child care subsidy programs, better clarify the administrative hearing process for subsidy benefit and payment decisions, specifically, the separate legal authority for the adjudicative process that participating families and providers must follow, what must be included with hearing requests, and the review rights for families and providers who disagree with the administrative hearing orders.
Citation of Rules Affected by this Order: Amending WAC 110-15-0280.
Adopted under notice filed as WSR 21-20-112 on October 4, 2021.
Changes Other than Editing from Proposed to Adopted Version: References to chapter 388-02 WAC removed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 10, 2021.
Brenda Villarreal
Rules Coordinator
OTS-1671.8
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0280Right to request an administrative hearing.
(((1) WCCC consumers have a right to request a hearing under chapter 388-02 WAC on any action affecting WCCC benefits.
(2) Child care providers may request hearings under chapter 388-02 WAC only for WCCC overpayments. A provider's burden of proof is a preponderance of the evidence.
(3) To request a hearing, a consumer or provider:
(a) Contacts the DSHS office which sent them the notice; or
(b) Writes to the office of administrative hearings, P.O. Box 42489, Olympia, WA 98504-2489; and
(c) Makes the request for a hearing within:
(i) Ninety days of the date a decision is received for consumers; or
(ii) Twenty-eight days of the date a decision is received for providers.
(4) The office of administrative hearings administrative law judge enters initial or final orders as provided in WAC 388-02-0217. Initial orders may be appealed to a DSHS review judge under chapter 388-02 WAC.
(5) To request a hearing under the seasonal child care program, see WAC 170-290-3860 and 170-290-3865.))(1) Consumers: Consumers who disagree with DCYF's decisions affecting their WCCC benefits have administrative hearing rights under chapter 110-03 WAC.
(a) Consumers' requests for hearing:
(i) May be made by contacting DCYF in-person, by telephone, or by serving DCYF with written requests that are also filed with the office of administrative hearings (OAH) as described in WAC 110-03-0060 and 110-03-0080.
(ii) Must include the information and documents described in WAC 110-03-0050(2), if requests are made in writing.
(iii) Must be made within 90 days of the date the consumers received the decisions being appealed.
(b) After completing the administrative hearings, OAH issues initial orders pursuant to WAC 110-03-0460 and 110-03-0480. Consumers who disagree with initial orders may request reviews as provided in WAC 110-03-0510 through 110-03-0550.
(c) When consumers request reviews of the initial orders, review judges issue final orders after considering the requests for review, initial orders, and hearing records. Consumers who disagree with final orders may request reconsiderations as provided in WAC 110-03-0570 through 110-03-0580 or seek judicial reviews as described in WAC 110-03-0590.
(2) Providers: Child care providers who disagree with WCCC overpayment decisions may request administrative hearings pursuant to RCW 43.20B.675. (a) To request administrative hearings, child care providers must:
(i) Make their hearing requests in writing and include the information and documents described in RCW 43.20B.675(3) including, but not limited to, copies of the overpayment notices and statements explaining why they believe the overpayment notices are incorrect; and (ii) Serve the hearing requests on the Department of Social and Health Services, Office of Financial Recovery, P.O. Box 9501, Olympia, WA 98507-9501, using certified mail return receipt requested or other manner that provides proof of receipt within 28 days of the date they received the overpayment notices being appealed.
(b) After completing the administrative hearings, OAH will issue final orders. Child care providers who disagree with final orders may request reconsideration. Providers may also seek judicial review of final orders.