WAC 182-526-0155 Appellant's representation in the hearing.

Effective July 27, 2019

  1. Appellants may act as their own representative or may choose to have someone represent them including, but not limited to, a friend, relative, community advocate, attorney or paralegal.
  2. All parties, including the health care authority (HCA) and their representatives, must provide their name, address, and telephone number to the office of administrative hearings (OAH) and all other parties prior to the hearing.
  3. The administrative law judge (ALJ) may require an appellant's representative to file a written notice of appearance, limited notice of appearance, or other documentation authorizing the representative to appear on behalf of the appellant.
  4. In cases involving confidential information, the representative must file a legally sufficient signed written consent or release of information document with HCA or HCA's authorized agent.
  5. If an appellant is represented by an attorney admitted to practice law in Washington state, the attorney must file a notice of appearance or limited notice of appearance and a notice of withdrawal if the attorney stops representing the appellant before the hearing process ends.
  6. HCA allows an exception to the requirement to file a notice of appearance in subsection (5) of this section when an appellant is represented by an attorney admitted to practice law in Washington
    state, and that attorney originally requested the appellant's hearing under WAC 182-526-0095. If the attorney stops representing the appellant before the hearing process ends, the requirement to file a notice of withdrawal still applies.
  7. The following restrictions apply to an appellant's representative:
    1. HCA and HCA's authorized agents do not pay for an appellant's representation.
    2. OAH does not pay for an appellant's representation.
    3. The following people may not act as an appellant's representative in a hearing under this chapter:
      1. An employee of HCA;
      2. HCA's authorized agent;
      3. An employee of the department of social and health services (DSHS);
      4. An employee of the department of children, youth, and families (DCYF);
      5. An employee of OAH; or
      6. Anyone under eighteen years of age.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.