WAC 182-526-0280 Continuing a hearing when an appellant is an applicant or recipient.

WAC 182-526-0280 Continuing a hearing when an appellant is an applicant or recipient.

Effective January 5, 2018

  1. Any party may request a continuance under this section either orally or in writing.
  2. Before contacting the office of administrative hearings (OAH) to request a continuance, the party seeking the continuance must make a good faith effort to contact the other parties to find out if they agree to a continuance. The party making the request for a continuance must let OAH know whether the other parties agreed to the continuance.
  3. Standard when less than sixty days. When a continuance request is made less than sixty days from the date OAH received the hearing request:
    1. If all parties agree to the continuance, the ALJ must grant the request unless the ALJ holds a prehearing conference and finds that good cause for a continuance does not exist under WAC 182-526-0020.
    2. If the parties do not agree to the continuance, the ALJ must schedule a prehearing conference and determine if good cause for a continuance exists under WAC 182-526-0020 and under the following factors:
      1. Why the party is requesting a continuance;
      2. Why the other party or parties are objecting to the request;
      3. Whether a continuance in the case has previously been granted at the request of the same party who is now requesting the continuance and, if so, whether it was for the same reason;
      4. The extent to which the requesting or objecting parties could have prevented the need for delay;
      5. The number and duration of previous continuances in the case and who requested them;
      6. The legal or factual complexity of the case;
      7. The relative harm to the parties if the continuance is granted or denied, including the risk of harm to the appellant if he or she is not receiving continued benefits;
      8. The impact of a continuance on the parties' ability to adequately prepare and present their cases;
      9. Any need to provide accommodation, translation, or interpreter services; and
      10. The impact of a continuance on the ability of OAH to issue a timely initial decision; or
      11. Other relevant factors.
  4. Standard when sixty days or greater. When a continuance request is made sixty days or more from the date OAH received the hearing request:
    1. The ALJ must not only consider whether there is good cause to continue the hearing but also must find a compelling reason for the continuance.
    2. Compelling reasons include:
      1. Medical evidence is required;
      2. Extraordinary circumstances exist, such as the sudden unforeseen onset of an illness or adverse event that was beyond the party's ability to prevent;
      3. The hearing format changes or the ALJ finds a compelling reason to change the way a witness appears at the hearing according to WAC 182-526-0360;
      4. The appellant needs more time to prepare or present evidence or argument because the agency issued an amended notice under WAC 182-526-0260;
      5. The need for more time was caused by another party's action or inaction, considering the relative capacity and resources of the parties;
      6. The need to provide accommodation, translation, or interpreter services;
      7. A party received notice of the date or deadline thirty days or more after OAH received the hearing request;
      8. Whether the continuance is needed to allow for effective assistance of counsel of record; or
      9. Other compelling reasons.
  5. The ALJ must notify all parties whether a continuance was granted or denied orally on the record, or must do so in writing within five business days of the prehearing conference.
  6. If the ALJ grants a continuance, OAH must serve a new notice of hearing on the parties at least fourteen calendar days before the new hearing date, unless the parties agree to a shorter time period.

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.

WAC 182-526-0270 Mailing address changes.

WAC 182-526-0270 Mailing address changes.

Effective March 16, 2017

  1. The appellant must tell the health care authority (HCA) hearing representative and the office of administrative hearings (OAH) as soon as possible, when the party's mailing address changes.
  2. If a party does not notify the HCA hearing representative and OAH of a change of mailing address, OAH continues to send notices and other important papers to the last known mailing address, the administrative law judge (ALJ) may find that the party received the documents or waived the right to receive those documents.

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.

WAC 182-526-0265 Amending hearing requests

WAC 182-526-0265 Amending hearing requests.

Effective February 1, 2013

  1. The administrative law judge (ALJ) may allow the party that requested the hearing to amend its hearing request before or during the hearing.
  2. The ALJ must offer to continue (postpone) the hearing to give the other parties more time to prepare or present evidence or argument if there is a substantive change in the hearing request.

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.

WAC 182-526-0260 Amending the health care authority or managed care organization notice

WAC 182-526-0260 Amending the health care authority or managed care organization notice.

Effective February 1, 2013

  1. The administrative law judge (ALJ) must allow the health care authority (HCA), HCA’s authorized agent or a managed care organization (MCO) to amend (change) the notice of an action before or during the hearing to match the evidence and facts.
  2. HCA, HCA’s authorized agent or MCO must put the change in writing and deliver a copy to the ALJ and all parties.
  3. The ALJ must offer to continue (postpone) the hearing to give the parties more time to prepare or present evidence or argument if there is a substantive change from the earlier notice.
  4. If the ALJ grants a continuance, the office of administrative hearings must serve a new hearing notice at least fourteen calendar days before the hearing date.

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.

WAC 182-526-0250 Time requirements for notices issued by the office of administrative hearings.

WAC 182-526-0250 Time requirements for notices issued by the office of administrative hearings.

Effective March 16, 2017

  1. The office of administrative hearings (OAH) must serve a notice of hearing on all parties and their representatives at least fourteen calendar days before the hearing date.
  2. If OAH schedules a prehearing conference, the OAH must serve a notice of prehearing conference to the parties and their representatives at least seven business days before the date of the prehearing conference except:
    1. OAH or an administrative law judge (ALJ) may change a scheduled hearing into a prehearing conference and provide less than seven business days' notice of the prehearing conference; and
    2. OAH may give less than seven business days' notice if the only purpose of the prehearing conference is to consider whether to grant a continuance under WAC 182-526-0280 or 182-526-0282, as applicable.
  3. OAH must reschedule the hearing if necessary to comply with the notice requirements in this section, unless the parties agree to waive notice requirements.

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.

WAC 182-526-0245 Disqualifying an administrative law judge or review judge.

WAC 182-526-0245 Disqualifying an administrative law judge or review judge.

Effective March 16, 2017

  1. An administrative law judge (ALJ) or review judge may be disqualified for bias, prejudice, or conflict of interest, or if one of the parties or a party's representative has ex parte contact with the ALJ or review judge.
  2. Ex parte contact means any written or oral communication with the ALJ or review judge about something related to the hearing when the other parties are not present. Procedural questions are not considered an ex parte contact. Examples of procedural questions include clarifying the hearing date, time, or location, or asking for directions to the hearing location.
  3. To request disqualification of an ALJ or review judge, a party must file a written petition for disqualification consistent with RCW 34.05.425 explaining why the ALJ or review judge should be disqualified. A party must promptly file the petition upon discovery of possible bias, conflict of interest, or ex parte contact.
  4. A party must deliver the petition to the ALJ or review judge assigned to the case. That ALJ or review judge must decide whether to grant or deny the petition and must state the facts and reasons for the decision.

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.

WAC 182-526-0240 Filing a motion of prejudice.

WAC 182-526-0240 Filing a motion of prejudice.

Effective March 16, 2017

  1. A party requesting a different administrative law judge (ALJ) may do so by filing a written motion of prejudice consistent with RCW 34.12.050. A party must file the motion with the office of administrative hearings (OAH) before the ALJ rules on a discretionary issue in the case, admits evidence, or takes testimony. The motion must include an affidavit or sworn statement under penalty of perjury supporting the party's claim that the ALJ cannot hear the case fairly.
  2. Rulings that are not considered discretionary rulings for purposes of this section include, but are not limited to rulings that:
    1. Grant or deny a request for a continuance; or
    2. Grant or deny a request for a prehearing conference.
  3. A party must send the motion of prejudice to the chief ALJ at OAH headquarters and must send a copy to the OAH field office where the ALJ is assigned. The address of OAH headquarters is provided in WAC 182-526-0025 (1).
  4. A party may make an oral motion of prejudice at the beginning of the hearing or prehearing conference before the ALJ rules on a discretionary issue in the case, admits evidence, or takes testimony if:
    1. OAH did not assign an ALJ at least five business days before the date of the hearing or prehearing conference; or
    2. The OAH changed the assigned ALJ within five business days of the date of the hearing.
  5. The first request by each party for a different ALJ is automatically granted. The chief ALJ or a designee grants or denies any later requests.

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.

WAC 182-526-0230 Assigning an administrative law judge to a hearing.

WAC 182-526-0230 Assigning an administrative law judge to a hearing.

Effective March 16, 2017

  1. The office of administrative hearings (OAH) assigns an administrative law judge (ALJ) at least five business days before the hearing, except when the hearing is expedited.
  2. A party may ask which ALJ is assigned to the hearing by calling or writing the OAH field office listed on the notice of hearing.
  3. If requested by a party, OAH must send the name of the assigned ALJ to the party by e-mail or in writing at least five business days before the party's scheduled hearing date.

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.

WAC 182-526-0221 HCA index of significant decisions.

WAC 182-526-0221 HCA index of significant decisions.

Effective March 16, 2017

  1. A final order may be relied on, used, or cited as precedent by a party if the final order has been indexed in the index of significant decisions maintained by the health care authority (HCA).
  2. The index of significant decisions is available to the public at www.hca.wa.gov/about-hca/significant-decisions. For information on how to obtain a copy of the index, contact the HCA hearing representative.

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.

WAC 182-526-0220 Rules and laws an administrative law judge and review judge must apply when conducting a hearing or making a decision

WAC 182-526-0220 Rules and laws an administrative law judge and review judge must apply when conducting a hearing or making a decision.

Effective February 1, 2013

  1. Administrative law judges (ALJs) and review judges must first apply the applicable program rules adopted in the Washington Administrative Code (WAC).
  2. If no program rule applies, the ALJ or review judge must decide the issue according to the best legal authority and reasoning available, including federal and Washington state constitutions, statutes, regulations, and court decisions.
  3. When applying program rules regarding the substantive rights and responsibilities of the parties (such as eligibility for services, benefits, or a license), the ALJ and review judge must apply the program rules in effect on the date of the health care authority (HCA) action, unless otherwise required by other rule or law. If HCA amends its notice of action, the ALJ or review judge must apply the rules in effect on the date the action was taken, unless otherwise required by other rule or law.
  4. When applying procedural rules, the ALJ and review judge must apply the rules that are in effect on the date the procedure is followed.
  5. Program rules determine the amount of time HCA or HCA’s authorized agent has to process an application for services, benefits, or a license.
  6. The ALJ and review judge must apply the rules in this chapter beginning on the date each rule is effective.

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.

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