For those individual providers or prospective individual providers whose application to be listed on the registry results in a reasonable, good faith belief by HCQA that the person will be unable to appropriately meet the care needs of consumers, the following procedure applies:
(1) An internal assessment will be conducted, a decision will be made and notification will be sent, in writing to the individual provider or prospective individual provider.
(2) The individual provider or prospective individual provider has the right to appeal an adverse decision within twenty-eight days of receiving formal notice.
(3) The appeal must be sent in writing to the office of administrative hearings as designated on the formal notice.
(4) The OAH will schedule the hearing and notify interested parties.
(5) An administrative law judge from OAH shall act as presiding officer for the adjudicative proceeding as provided in RCW
34.05.425 (1)(c).
(6) The ALJ shall render an initial decision.
(7) The initial decision will be reviewed and final agency action shall be taken by the HCQA board, either adopting, modifying, or reversing the initial decision which shall be reduced to a final order of the board.
(8) The final order is the final agency action and will be provided to all interested parties and to the individual provider or prospective individual providers along with information regarding the right to seek judicial review in superior court when applicable.
(9) The final order shall include, or incorporate by reference to the initial order, all matters required by RCW
34.05.461(3).
[Statutory Authority: RCW
74.39A.280(3) and
74.39A.250 (1)(a)-(h). WSR 05-14-113, § 257-10-240, filed 7/1/05, effective 8/1/05.]