WAC 182-526-0360 Changing how a hearing is held or how a witness appears at a hearing.
Effective March 16, 2017
- For cases in which the party who requested a hearing is an applicant or recipient of a medical services program established under chapter 74.09 RCW, the hearing must be held according to RCW 74.09.741 (5)(c).
- An applicant or recipient may agree to have one or more prehearing conferences conducted telephonically without waiving the right to have any subsequent prehearing conference or other hearings held in person.
- Any party to the hearing has the right to request that:
- The hearing be changed from an in-person hearing to a telephonic hearing or from a telephonic hearing to an in-person hearing; or
- A witness be allowed to appear telephonically even for an in-person hearing.
- A party must show a compelling reason to change the way a witness appears (in person or by telephone). Some examples of compelling reasons are:
- A party does not speak or understand English well.
- A party wants to present a significant number of documents during the hearing.
- A party does not believe that one of the witnesses or another party is credible and wants the administrative law judge (ALJ) to have the opportunity to see the testimony.
- A party has a disability or communication barrier that affects its ability to present its case.
- A party believes that the personal safety of someone involved in the hearing process is at risk.
- A compelling reason to change the way a witness appears at a hearing can be overcome by a more compelling reason not to change how a witness appears for a hearing.
- If a party wants to change how a hearing is held or change how their witnesses or other parties appear, the party must contact the office of administrative hearings (OAH) to request the change.
- The ALJ may schedule a prehearing conference to determine if the request should be granted.
- If the ALJ grants the request, the ALJ may orally advise the parties of the change in how the witness or party appears.
- If the ALJ denies the request, the ALJ must issue a written order that includes findings of fact supporting why the request was denied.