WSR 18-15-088
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed July 18, 2018, 8:49 a.m., effective August 18, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency is revising WAC 182-526-0284 and 182-526-0285 to be consistent with WAC 182-526-0290.
Citation of Rules Affected by this Order: Amending WAC 182-526-0284 and 182-526-0285.
Adopted under notice filed as WSR 18-07-059 on March 15, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: July 18, 2018.
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-05-066, filed 2/13/17, effective 3/16/17)
WAC 182-526-0284Orders of default.
(1) An order of default may be entered when the appellant fails to attend a scheduled prehearing conference or hearing. The order of default will include ((an)) a notice of inquiry as to whether the appellant wants to petition to reinstate the hearing.
(2) The appellant may file a petition to vacate an order of default under WAC 182-526-0290.
(3) An order of default becomes a final order ((
dismissing))
by operation of law, disposing of the appellant's request for a hearing
under RCW 34.05.440 if
:(a) The appellant does not file a petition to vacate within twenty-one calendar days of the order being served (mailed) on the parties under WAC 182-526-0290 (2) and (5)(b); or
(b) If the appellant fails to appear at a prehearing conference scheduled to address the petition to vacate under WAC 182-526-0290 (3) and (4)(a).
(4) The health care authority or managed care organization action stands after an order of default becomes a final order.
(5) The appellant may seek judicial review of a final order of default to the superior court under WAC 182-526-0640.
AMENDATORY SECTION(Amending WSR 17-05-066, filed 2/13/17, effective 3/16/17)
WAC 182-526-0285Orders of dismissal.
(1) An order of dismissal may be entered when the appellant withdraws the request for hearing under WAC 182-526-0115.
(2) An appellant may file a petition (request) to vacate an order of dismissal under WAC 182-526-0290.
(3) An order of dismissal becomes a final order ((
if))
by operation of law, disposing of the appellant's request for a hearing under RCW 34.05.440 if:(a) The appellant does not file a petition to vacate the order within twenty-one calendar days of the order being served (mailed) on the parties under WAC 182-526-0290 (2) and (5)(b); or
(b) The appellant fails to appear at a prehearing conference scheduled to address the petition to vacate under WAC 182-526-0290 (3) and (4)(a).
(4) The health care authority or managed care organization action stands after an order of dismissal becomes a final order.
(5) The appellant may seek judicial review of a final order of dismissal to the superior court under WAC 182-526-0640.