(1) If the disqualification is based on a criminal conviction, the subject individual cannot contest the conviction in the administrative hearing.
(2) If the disqualification is based on a finding of child abuse or neglect, or a finding of abandonment, abuse, neglect, exploitation, or financial exploitation of a vulnerable adult as defined in chapter
74.34 RCW, the subject individual cannot contest the finding if:
(a) The subject individual was notified of the finding by the department of social and health services (DSHS) and failed to request a hearing to contest the finding; or
(b) The subject individual was notified of the finding by DSHS and requested a hearing to contest the finding, but the finding was upheld by final administrative order or superior court order.
(3) If the disqualification is based on a court order finding the subject individual's child to be dependent as defined in chapter
13.34 RCW, the subject individual cannot contest the finding of dependency in the administrative hearing.
(4) If the disqualification is based on a negative action as defined in WAC
110-06-0020 the subject individual cannot contest the underlying negative action in the administrative hearing if the subject individual was previously given the right of review or hearing right and a final decision or finding has been issued.
[Statutory Authority: RCW
43.216.055,
43.216.065, chapter
43.216 RCW and 42 U.S.C. 9858 et seq.; 45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0110, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW
43.215.200,
43.215.205,
43.215.215 through
43.215.218,
43.43.830,
43.43.832, chapter
43.215 and
43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0110, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter
43.215 RCW, RCW
43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0110, filed 4/30/08, effective 5/31/08.]