PDFWAC 110-03-0230

Amendment to notice of DCYF action or a party's request for hearing.

(1) The ALJ must allow DCYF to amend (change) the notice of DCYF action before or during the hearing to match the evidence and facts.
(2) If DCYF amends its notice, it must do so in writing and serve a copy on OAH and the other parties and their representatives at the same time.
(3) The ALJ must allow an appealing party or the party's representative to amend a hearing request before or during the hearing to conform with an amended notice of DCYF action.
(4) If either DCYF or a party makes an amendment, the ALJ must offer to continue or postpone the hearing to give the parties more time to prepare or present evidence or argument if there is a significant change from DCYF's earlier notice of action or from the party's request for hearing.
(5) If the ALJ grants a continuance, OAH must serve a new hearing notice on all parties and their representatives at least seven business days before the new hearing date.
[Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0230, filed 12/19/19, effective 1/19/20.]