Date of Adoption: October 7, 2003.
Purpose: To establish the rules that are necessary to define the adjudicative hearing procedures that will apply if an employee appeals an agency decision regarding a wage overpayment pursuant to chapter 34.05 RCW.
Statutory Authority for Adoption: Chapter 77, Laws of 2003.
Adopted under notice filed as WSR 03-16-039 on July 30, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New , Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
October 7, 2003
Wage Overpayment Adjudicative Hearings
(2) In any wage overpayment matter that is appealed, the agency shall provide OAH with the following information:
(a) The name of the agency contact in the matter and any contact information;
(b) The name of the appellant and any contact information, including address and telephone number;
(c) The name and address of the agency contact for billing purposes; and
(d) The name and address of the agency contact where the file should be sent after OAH closes the adjudicative proceeding.
(3) The agency shall transmit all requests for hearing to the following address: Office of Administrative Hearings, 919 Lakeridge Way SW, P.O. Box 42488, Olympia, WA 98504-2488; (360) 664-8717; fax (360) 664-8721.
(2) Either party may request a prehearing conference.
(3) The hearing shall be held telephonically unless the rights of the parties will be prejudiced thereby or at the discretion of the administrative law judge (ALJ).
(4) The hearing shall be recorded electronically and no transcript is required, unless specified otherwise in law or rule.
(5) In any adjudicative proceedings for wage overpayments, the ALJ shall apply the model rules of procedure, set forth in chapter 10-08 WAC, which shall govern the proceedings regardless of WAC 10-08-001(4) or other agency procedural rules to the contrary.
(6) All costs of the hearing shall be borne by the agency and OAH shall bill the agency for the hearing costs incurred.
(2)(a) If the ALJ finds good cause for filing a late hearing request, the ALJ shall conduct a hearing on the merits.
(b) If the ALJ does not find good cause for filing a late hearing request, the agency's overpayment decision is deemed final and the agency shall proceed to collect the wage overpayment as provided in chapter 77, Laws of 2003.
(3) As used in this section, "good cause" means a substantial reason or legal justification for failing to file a request for an adjudicative proceeding within the time period mandated by statute.