Chapter 388-02 WAC

Last Update: 2/29/24

DSHS HEARING RULES

(Formerly chapter 388-08 WAC)

WAC Sections

GENERAL
HTMLPDF388-02-0005What is the purpose and scope of this chapter?
HTMLPDF388-02-0010What definitions apply to this chapter?
HTMLPDF388-02-0015How do the terms in the Administrative Procedure Act (APA) compare to this chapter?
HTMLPDF388-02-0020What does good cause mean?
ADDRESSES
HTMLPDF388-02-0025Where is the office of administrative hearings located?
HTMLPDF388-02-0030How do I contact the board of appeals?
DEADLINES
HTMLPDF388-02-0035How are days counted when calculating deadlines for the hearing process?
HTMLPDF388-02-0037When must the OAH reschedule a proceeding based on the amount of notice required?
HTMLPDF388-02-0038When may the OAH shorten the amount of notice required to the parties of a proceeding?
FILING AND SERVING PAPERS
HTMLPDF388-02-0040How do parties send documents?
HTMLPDF388-02-0045What is service?
HTMLPDF388-02-0050How does a party serve someone?
HTMLPDF388-02-0055When must a party serve someone?
HTMLPDF388-02-0060When is service complete?
HTMLPDF388-02-0065How does a party prove service?
HTMLPDF388-02-0070What is filing?
HTMLPDF388-02-0075How does a party file documents?
RESOLUTION OF DISPUTES
HTMLPDF388-02-0080What are your options for resolving a dispute with DSHS?
HEARING RIGHTS AND REQUESTS
HTMLPDF388-02-0085Do you have a right to a hearing?
HTMLPDF388-02-0090Who may request a hearing?
HTMLPDF388-02-0095What if you have questions about requesting a hearing?
HTMLPDF388-02-0100How do you request a hearing?
HTMLPDF388-02-0105What information do you give when requesting a hearing?
HTMLPDF388-02-0110What happens after you request a hearing?
HTMLPDF388-02-0115May you withdraw your hearing request?
INTERPRETERS
HTMLPDF388-02-0120Do you have the right to an interpreter in the hearing process?
HTMLPDF388-02-0125What definitions apply to limited-English-proficient (LEP) parties?
HTMLPDF388-02-0130What requirements apply to notices for limited-English-speaking parties?
HTMLPDF388-02-0135What requirements apply to interpreters?
HTMLPDF388-02-0140May you waive interpreter services?
HTMLPDF388-02-0145What requirements apply to the use of interpreters?
HTMLPDF388-02-0150What requirements apply to hearing decisions involving limited-English-speaking parties?
REPRESENTATION DURING THE HEARING PROCESS
HTMLPDF388-02-0155Who represents you during the hearing process?
HTMLPDF388-02-0157How does a party appear?
HTMLPDF388-02-0160If a DSHS employee cannot represent you, can they assist you during the hearing process?
HTMLPDF388-02-0165What if you would like to be represented by an attorney but you cannot afford one?
HTMLPDF388-02-0170Who represents DSHS during the hearing?
PREHEARING MEETING WITH A DSHS REPRESENTATIVE
HTMLPDF388-02-0175What is a prehearing meeting?
HTMLPDF388-02-0180What happens during a prehearing meeting?
HTMLPDF388-02-0185What happens after a prehearing meeting?
HTMLPDF388-02-0190What happens if you do not participate in a prehearing meeting?
PREHEARING CONFERENCE WITH AN ADMINISTRATIVE LAW JUDGE
HTMLPDF388-02-0195What is a prehearing conference?
HTMLPDF388-02-0197When is a prehearing conference scheduled?
HTMLPDF388-02-0200What happens during a prehearing conference?
HTMLPDF388-02-0205What happens after a prehearing conference?
HTMLPDF388-02-0210What happens if a party does not attend a prehearing conference?
ADMINISTRATIVE LAW JUDGES
HTMLPDF388-02-0215What is the authority of the ALJ?
HTMLPDF388-02-0216Is the authority of the administrative law judge and the review judge limited?
HTMLPDF388-02-0217When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?
HTMLPDF388-02-0218When do review judges conduct the hearing and enter final orders?
HTMLPDF388-02-0220What rules and laws must an ALJ and review judge apply when conducting a hearing or making a decision?
HTMLPDF388-02-0221How is the index of significant decisions used?
HTMLPDF388-02-0225May an ALJ or review judge decide that a DSHS rule is invalid?
HTMLPDF388-02-0230When is the ALJ assigned to the hearing?
HTMLPDF388-02-0235May a party request a different judge?
HTMLPDF388-02-0240How does a party file a motion of prejudice?
HTMLPDF388-02-0245May an ALJ or review judge be disqualified?
NOTICES
HTMLPDF388-02-0250What happens after you request a hearing, and when must the OAH provide notice of the hearing and prehearing conference?
HTMLPDF388-02-0255What information must OAH include in the notice of hearing?
HTMLPDF388-02-0260May the department amend a notice?
HTMLPDF388-02-0265May you amend your hearing request?
HTMLPDF388-02-0270Must you tell DSHS and OAH when your mailing address changes?
CONTINUANCES
HTMLPDF388-02-0275What is a continuance?
HTMLPDF388-02-0280Who may request a continuance?
DISMISSALS
HTMLPDF388-02-0285What is an order of dismissal?
HTMLPDF388-02-0290If your hearing is dismissed, may you request another hearing?
HTMLPDF388-02-0295Where do you send a request to vacate an order of dismissal?
HTMLPDF388-02-0300What is the deadline for vacating an order of dismissal?
HTMLPDF388-02-0305How does an ALJ vacate an order of dismissal?
STAYS
HTMLPDF388-02-0310May a party request a stay of DSHS action?
SUBPOENAS
HTMLPDF388-02-0315May a party require witnesses to testify or provide documents?
HTMLPDF388-02-0320Who may prepare a subpoena?
HTMLPDF388-02-0325How is a subpoena served?
HTMLPDF388-02-0330May the ALJ quash a subpoena?
HTMLPDF388-02-0335Do you have to pay for a subpoena?
HEARING METHODS
HTMLPDF388-02-0340How is your hearing held?
HTMLPDF388-02-0345Is an ALJ present at your hearing?
HTMLPDF388-02-0350Is your hearing recorded?
HTMLPDF388-02-0355Who may attend your hearing?
HTMLPDF388-02-0360May a party convert how a hearing is held?
HTMLPDF388-02-0365How does a party convert how a hearing is held or how the witnesses or parties appear?
HTMLPDF388-02-0370How are documents submitted for a telephone conference?
HTMLPDF388-02-0375What happens at your hearing?
HTMLPDF388-02-0380What is a group hearing?
HTMLPDF388-02-0385May a party withdraw from a group hearing?
HTMLPDF388-02-0387How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding?
EVIDENCE
HTMLPDF388-02-0390What is evidence?
HTMLPDF388-02-0395When may the parties bring in evidence?
HTMLPDF388-02-0400What evidence may the parties present during the hearing?
HTMLPDF388-02-0405What is a stipulation?
HTMLPDF388-02-0410After the parties agree to a stipulation, may they change or reject it?
HTMLPDF388-02-0415What are proposed exhibits?
HTMLPDF388-02-0420Do the parties mark and number their proposed exhibits?
HTMLPDF388-02-0425Who decides whether to admit proposed exhibits into the record?
HTMLPDF388-02-0430What may a party do if they disagree with an exhibit?
HTMLPDF388-02-0435When should an ALJ receive proposed exhibits for a telephone hearing?
HTMLPDF388-02-0440What is judicial notice?
HTMLPDF388-02-0445How does the ALJ respond to requests to take judicial notice?
WITNESSES
HTMLPDF388-02-0450What is a witness?
HTMLPDF388-02-0455Who may be a witness?
HTMLPDF388-02-0460How do witnesses testify?
HTMLPDF388-02-0465May the parties cross-examine a witness?
HTMLPDF388-02-0470May witnesses refuse to answer questions?
PROOF
HTMLPDF388-02-0475What evidence does an ALJ consider?
HTMLPDF388-02-0480What does burden of proof mean?
HTMLPDF388-02-0485What is the standard of proof?
HTMLPDF388-02-0490How is a position proven at hearing?
HTMLPDF388-02-0495What is equitable estoppel?
RECORD CLOSURE
HTMLPDF388-02-0500What may an ALJ do before the record is closed?
HTMLPDF388-02-0505When is the record closed?
HTMLPDF388-02-0510What happens when the record is closed?
HTMLPDF388-02-0512What is included in the hearing record?
HEARING DECISIONS
HTMLPDF388-02-0515What happens after the record is closed?
HTMLPDF388-02-0520What information must the ALJ include in the decision?
HTMLPDF388-02-0525When do initial orders become final?
HTMLPDF388-02-0530What if a party disagrees with the ALJ's decision?
CLERICAL ERRORS IN ALJ DECISIONS
HTMLPDF388-02-0540How are clerical errors in ALJ decisions corrected?
HTMLPDF388-02-0545How does a party ask for a corrected ALJ decision?
HTMLPDF388-02-0550How much time do the parties have to ask for a corrected ALJ decision?
HTMLPDF388-02-0555What 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)
HTMLPDF388-02-0560What is review of an initial order by a review judge?
HTMLPDF388-02-0565What evidence does the review judge consider in reviewing an initial order?
HTMLPDF388-02-0570Who may request review of an initial order?
HTMLPDF388-02-0575What must a party include in the review request?
HTMLPDF388-02-0580What is the deadline for requesting review by a review judge?
HTMLPDF388-02-0585Where does a party send the request for review by a review judge?
HTMLPDF388-02-0590How does the party that is not requesting review respond to the review request?
HTMLPDF388-02-0595What happens after the response deadline?
REVIEW JUDGES
HTMLPDF388-02-0600What is the authority of the review judge?
REQUESTS FOR RECONSIDERATION OF FINAL ORDERS ENTERED BY OAH AND BOA
HTMLPDF388-02-0605What if a party does not agree with a final order entered by OAH or BOA?
HTMLPDF388-02-0610What is reconsideration?
HTMLPDF388-02-0615What must a party include in the reconsideration request?
HTMLPDF388-02-0620What is the deadline for requesting reconsideration?
HTMLPDF388-02-0625Where does a party send a reconsideration request?
HTMLPDF388-02-0630How does a party respond to a reconsideration request?
HTMLPDF388-02-0635What happens after a party requests reconsideration?
REQUESTS FOR JUDICIAL REVIEW OF FINAL ORDERS
HTMLPDF388-02-0640What is judicial review?
HTMLPDF388-02-0645When must you ask for judicial review?
HTMLPDF388-02-0650How do you serve your petition for judicial review?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
388-02-0524In 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.
388-02-0527In 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.
388-02-0535Who 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.