| WAC Sections | ||
GENERAL | ||
| 388-02-0005 | What is the purpose and scope of this chapter? | |
| 388-02-0010 | What definitions apply to this chapter? | |
| 388-02-0015 | How do the terms in the Administrative Procedure Act (APA) compare to this chapter? | |
| 388-02-0020 | What does good cause mean? | |
ADDRESSES | ||
| 388-02-0025 | Where is the office of administrative hearings located? | |
| 388-02-0030 | How do I contact the board of appeals? | |
DEADLINES | ||
| 388-02-0035 | How are days counted when calculating deadlines for the hearing process? | |
| 388-02-0037 | When must the OAH reschedule a proceeding based on the amount of notice required? | |
| 388-02-0038 | When may the OAH shorten the amount of notice required to the parties of a proceeding? | |
FILING AND SERVING PAPERS | ||
| 388-02-0040 | How do parties send documents? | |
| 388-02-0045 | What is service? | |
| 388-02-0050 | How does a party serve someone? | |
| 388-02-0055 | When must a party serve someone? | |
| 388-02-0060 | When is service complete? | |
| 388-02-0065 | How does a party prove service? | |
| 388-02-0070 | What is filing? | |
| 388-02-0075 | How does a party file documents? | |
RESOLUTION OF DISPUTES | ||
| 388-02-0080 | What are your options for resolving a dispute with DSHS? | |
HEARING RIGHTS AND REQUESTS | ||
| 388-02-0085 | Do you have a right to a hearing? | |
| 388-02-0090 | Who may request a hearing? | |
| 388-02-0095 | What if you have questions about requesting a hearing? | |
| 388-02-0100 | How do you request a hearing? | |
| 388-02-0105 | What information do you give when requesting a hearing? | |
| 388-02-0110 | What happens after you request a hearing? | |
| 388-02-0115 | May you withdraw your hearing request? | |
INTERPRETERS | ||
| 388-02-0120 | Do you have the right to an interpreter in the hearing process? | |
| 388-02-0125 | What definitions apply to limited English proficient (LEP) parties? | |
| 388-02-0130 | What requirements apply to notices for limited English speaking parties? | |
| 388-02-0135 | What requirements apply to interpreters? | |
| 388-02-0140 | May you waive interpreter services? | |
| 388-02-0145 | What requirements apply to the use of interpreters? | |
| 388-02-0150 | What requirements apply to hearing decisions involving limited English speaking parties? | |
REPRESENTATION DURING THE HEARING PROCESS | ||
| 388-02-0155 | Who represents you during the hearing process? | |
| 388-02-0157 | How does a party appear? | |
| 388-02-0160 | If a DSHS employee cannot represent you, can they assist you during the hearing process? | |
| 388-02-0165 | What if you would like to be represented by an attorney but you cannot afford one? | |
| 388-02-0170 | Who represents DSHS during the hearing? | |
PREHEARING MEETING WITH A DSHS REPRESENTATIVE | ||
| 388-02-0175 | What is a prehearing meeting? | |
| 388-02-0180 | What happens during a prehearing meeting? | |
| 388-02-0185 | What happens after a prehearing meeting? | |
| 388-02-0190 | What happens if you do not participate in a prehearing meeting? | |
PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE | ||
| 388-02-0195 | What is a prehearing conference? | |
| 388-02-0197 | When is a prehearing conference scheduled? | |
| 388-02-0200 | What happens during a prehearing conference? | |
| 388-02-0205 | What happens after a prehearing conference? | |
| 388-02-0210 | What happens if a party does not attend a prehearing conference? | |
ADMINISTRATIVE LAW JUDGES | ||
| 388-02-0215 | What is the authority of the ALJ? | |
| 388-02-0216 | Is the authority of the administrative law judge and the review judge limited? | |
| 388-02-0217 | When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order? | |
| 388-02-0218 | When do review judges conduct the hearing and enter final orders? | |
| 388-02-0220 | What rules and laws must an ALJ and review judge apply when conducting a hearing or making a decision? | |
| 388-02-0221 | How is the index of significant decisions used? | |
| 388-02-0225 | May an ALJ or review judge decide that a DSHS rule is invalid? | |
| 388-02-0230 | When is the ALJ assigned to the hearing? | |
| 388-02-0235 | May a party request a different judge? | |
| 388-02-0240 | How does a party file a motion of prejudice? | |
| 388-02-0245 | May an ALJ or review judge be disqualified? | |
NOTICES | ||
| 388-02-0250 | What happens after you request a hearing, and when must the OAH provide notice of the hearing and prehearing conference? | |
| 388-02-0255 | What information must OAH include in the notice of hearing? | |
| 388-02-0260 | May the department amend a notice? | |
| 388-02-0265 | May you amend your hearing request? | |
| 388-02-0270 | Must you tell DSHS and OAH when your mailing address changes? | |
CONTINUANCES | ||
| 388-02-0275 | What is a continuance? | |
| 388-02-0280 | Who may request a continuance? | |
DISMISSALS | ||
| 388-02-0285 | What is an order of dismissal? | |
| 388-02-0290 | If your hearing is dismissed, may you request another hearing? | |
| 388-02-0295 | Where do you send a request to vacate an order of dismissal? | |
| 388-02-0300 | What is the deadline for vacating an order of dismissal? | |
| 388-02-0305 | How does an ALJ vacate an order of dismissal? | |
STAYS | ||
| 388-02-0310 | May a party request a stay of DSHS action? | |
SUBPOENAS | ||
| 388-02-0315 | May a party require witnesses to testify or provide documents? | |
| 388-02-0320 | Who may prepare a subpoena? | |
| 388-02-0325 | How is a subpoena served? | |
| 388-02-0330 | May the ALJ quash a subpoena? | |
| 388-02-0335 | Do you have to pay for a subpoena? | |
HEARING METHODS | ||
| 388-02-0340 | How is your hearing held? | |
| 388-02-0345 | Is an ALJ present at your hearing? | |
| 388-02-0350 | Is your hearing recorded? | |
| 388-02-0355 | Who may attend your hearing? | |
| 388-02-0360 | May a party convert how a hearing is held? | |
| 388-02-0365 | How does a party convert how a hearing is held or how the witnesses or parties appear? | |
| 388-02-0370 | How are documents submitted for a telephone conference? | |
| 388-02-0375 | What happens at your hearing? | |
| 388-02-0380 | What is a group hearing? | |
| 388-02-0385 | May a party withdraw from a group hearing? | |
| 388-02-0387 | How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding? | |
EVIDENCE | ||
| 388-02-0390 | What is evidence? | |
| 388-02-0395 | When may the parties bring in evidence? | |
| 388-02-0400 | What evidence may the parties present during the hearing? | |
| 388-02-0405 | What is a stipulation? | |
| 388-02-0410 | After the parties agree to a stipulation, may they change or reject it? | |
| 388-02-0415 | What are proposed exhibits? | |
| 388-02-0420 | Do the parties mark and number their proposed exhibits? | |
| 388-02-0425 | Who decides whether to admit proposed exhibits into the record? | |
| 388-02-0430 | What may a party do if they disagree with an exhibit? | |
| 388-02-0435 | When should an ALJ receive proposed exhibits for a telephone hearing? | |
| 388-02-0440 | What is judicial notice? | |
| 388-02-0445 | How does the ALJ respond to requests to take judicial notice? | |
WITNESSES | ||
| 388-02-0450 | What is a witness? | |
| 388-02-0455 | Who may be a witness? | |
| 388-02-0460 | How do witnesses testify? | |
| 388-02-0465 | May the parties cross-examine a witness? | |
| 388-02-0470 | May witnesses refuse to answer questions? | |
PROOF | ||
| 388-02-0475 | What evidence does an ALJ consider? | |
| 388-02-0480 | What does burden of proof mean? | |
| 388-02-0485 | What is the standard of proof? | |
| 388-02-0490 | How is a position proven at hearing? | |
| 388-02-0495 | What is equitable estoppel? | |
RECORD CLOSURE | ||
| 388-02-0500 | What may an ALJ do before the record is closed? | |
| 388-02-0505 | When is the record closed? | |
| 388-02-0510 | What happens when the record is closed? | |
| 388-02-0512 | What is included in the hearing record? | |
HEARING DECISIONS | ||
| 388-02-0515 | What happens after the record is closed? | |
| 388-02-0520 | What information must the ALJ include in the decision? | |
| 388-02-0525 | When do initial orders become final? | |
| 388-02-0530 | What if a party disagrees with the ALJ's decision? | |
CLERICAL ERRORS IN ALJ DECISIONS | ||
| 388-02-0540 | How are clerical errors in ALJ decisions corrected? | |
| 388-02-0545 | How does a party ask for a corrected ALJ decision? | |
| 388-02-0550 | How much time do the parties have to ask for a corrected ALJ decision? | |
| 388-02-0555 | What happens when a party requests a corrected ALJ decision? | |
REQUESTS FOR BOA REVIEW OF INITIAL ORDERS FOR CASES LISTED IN WAC 388-02-0215(4) | ||
| 388-02-0560 | What is review of an initial order by a review judge? | |
| 388-02-0565 | What evidence does the review judge consider in reviewing an initial order? | |
| 388-02-0570 | Who may request review of an initial order? | |
| 388-02-0575 | What must a party include in the review request? | |
| 388-02-0580 | What is the deadline for requesting review by a review judge? | |
| 388-02-0585 | Where does a party send the request for review by a review judge? | |
| 388-02-0590 | How does the party that is not requesting review respond to the review request? | |
| 388-02-0595 | What happens after the response deadline? | |
REVIEW JUDGES | ||
| 388-02-0600 | What is the authority of the review judge? | |
REQUESTS FOR RECONSIDERATION OF FINAL ORDERS ENTERED BY OAH AND BOA | ||
| 388-02-0605 | What if a party does not agree with a final order entered by OAH or BOA? | |
| 388-02-0610 | What is reconsideration? | |
| 388-02-0615 | What must a party include in the reconsideration request? | |
| 388-02-0620 | What is the deadline for requesting reconsideration? | |
| 388-02-0625 | Where does a party send a reconsideration request? | |
| 388-02-0630 | How does a party respond to a reconsideration request? | |
| 388-02-0635 | What happens after a party requests reconsideration? | |
REQUESTS FOR JUDICIAL REVIEW OF FINAL ORDERS | ||
| 388-02-0640 | What is judicial review? | |
| 388-02-0645 | When must you ask for judicial review? | |
| 388-02-0650 | How do you serve your petition for judicial review? | |
| 388-02-0524 | In what cases does the ALJ enter the hearing decision as an initial order? [Statutory Authority: RCW 34.05.020, chapter 34.05 RCW, Parts IV and V, 2002 c 371 § 211. WSR 02-21-061, § 388-02-0524, filed 10/15/02, effective 11/15/02.] Repealed by WSR 08-21-144, filed 10/21/08, effective 11/21/08. Statutory Authority: RCW 34.05.020, 34.05.220, 42 C.F.R. 431.10 (e)(3), 45 C.F.R. 205.100 (b)(3), chapter 34.05 RCW, Parts IV and V. |
| 388-02-0527 | In what cases does the ALJ enter the hearing decision as a final order? [Statutory Authority: RCW 34.05.020, chapter 34.05 RCW, Parts IV and V, 2002 c 371 § 211. WSR 02-21-061, § 388-02-0527, filed 10/15/02, effective 11/15/02.] Repealed by WSR 08-21-144, filed 10/21/08, effective 11/21/08. Statutory Authority: RCW 34.05.020, 34.05.220, 42 C.F.R. 431.10 (e)(3), 45 C.F.R. 205.100 (b)(3), chapter 34.05 RCW, Parts IV and V. |
| 388-02-0535 | Who may ask for a change in a decision? [Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0535, filed 9/1/00, effective 10/2/00.] Repealed by WSR 02-21-061, filed 10/15/02, effective 11/15/02. Statutory Authority: RCW 34.05.020, chapter 34.05 RCW, Parts IV and V, 2002 c 371 § 211. |