WAC 182-527-2753 Hearings.
Effective March 14, 2016
For the purposes of this section, the term "agency" includes the agency's designee.
- An administrative hearing to contest action under this chapter determines only:
- In the case of a lien filed during the client's lifetime under WAC 182-527-2734:
- Whether the client can reasonably be expected to return home from the medical institution;
- Whether the client, or the client's estate, holds legal title to the identified property; and
- Whether the client received services subject to recovery.
- In the case of a lien filed after the client's death:
- The cost the agency correctly paid for services subject to recovery;
- Whether the client, or the client's estate, holds legal title to the identified property; and
- Whether the agency's denial of an heir's request for a delay of recovery for undue hardship under WAC 182-527-2750 was correct.
- A request for an administrative hearing must:
- Be in writing;
- State the basis for contesting the agency's proposed action;
- Be signed by the requestor and include the client's name, the requestor's address and telephone number; and
- Within twenty-eight days of the date on the agency's notice, be filed with the office of financial recovery either:
- In person at the Office of Financial Recovery, 712 Pear St. S.E., Olympia, WA 98504-0001; or
- By certified mail, return receipt requested, to Office of Financial Recovery, P.O. Box 9501, Olympia, WA 98507-9501.
- Upon receiving a request for an administrative hearing, the office of administrative hearings notifies any known titleholder of the time and place of the administrative hearing.
- An administrative hearing under this subsection is governed by chapters 34.05 RCW and 182-526 WAC and this section. If a provision in this section conflicts with a provision in chapter 182-526 WAC, the provision in this section governs.
- Disputed assets must not be distributed while in litigation.
- Absent an administrative or court order to the contrary, the agency may file a lien twenty-eight calendar days after the date the agency mailed notice of its intent to file a lien.