WAC 182-526-0135 Interpreters.

Effective March 16, 2017

1. The office of administrative hearings (OAH) must provide a qualified interpreter to assist any person at no charge who:
   1. Has limited-English-proficiency; and
   2. Is a party or witness in a hearing.
2. OAH may hire or contract with persons to interpret at hearings.
3. The following persons may not be used as interpreters at a hearing:
   1. A relative of any party;
   2. Health care authority (HCA) employees; or
   3. HCA authorized agents.
4. The administrative law judge (ALJ) must determine, at the beginning of the hearing, if an interpreter can accurately interpret all communication for the person requesting the service. To do so, the ALJ considers the interpreter's:
   1. Ability to meet the needs of the person with hearing loss or limited-English-speaking person;
   2. Education, certification, and experience;
   3. Understanding of the basic vocabulary and procedures involved in the hearing; and
   4. Ability to be impartial.
5. The parties or their representatives may question the interpreter's qualifications and ability to be impartial.
6. If at any time before or during the hearing the interpreter does not provide accurate and effective communication, OAH must provide another interpreter.

WAC 182-526-0120 Interpreter services for hearings.

Effective February 1, 2013

If the party requesting the hearing needs an interpreter because party or its witness is a person with limited English-proficiency, the office of administrative hearings will provide an interpreter at no cost to that party.

WAC 182-526-0115 Withdrawing a request for hearing.

Effective March 16, 2017

1. The appellant may withdraw the hearing request for any reason and at any time by contacting the health care authority hearing representative or the office of administrative hearings (OAH). The request for withdrawal must be made orally on the record with the administrative law judge or in writing.
2. After the request for withdrawal is received, the hearing is canceled and the administrative law judge (ALJ) enters an order dismissing the hearing. If a hearing request is withdrawn, the appellant may not be able to request another hearing on the same action.
3. If an appellant withdraws the hearing request, the order of dismissal may only be set aside according to WAC 182-526-0290.

WAC 182-526-0110 Process after a hearing is requested.

Effective March 16, 2017

1. After a hearing is requested, the office of administrative hearings (OAH) must send a copy of the hearing request to the health care authority (HCA) or HCA's authorized agent who made the decision on HCA's behalf, unless OAH received the hearing request from HCA or HCA's authorized agent.
2. OAH sends the hearing request to HCA or HCA's authorized agent within four business days of OAH receiving the request.
3. OAH must serve all parties with a notice of hearing, which advises the parties of the hearing date, time, and location. This document is called the notice of hearing. In appropriate cases, OAH also serves a written notice of a prehearing conference.
4. Before the hearing or prehearing conference is held:
   1. The HCA hearing representative may contact any other party to try to resolve the dispute or gather information; and
   2. The party who requested the hearing may contact the HCA hearing representative to try to resolve the dispute or gather information.

WAC 182-526-0095 Requesting a hearing.

Effective March 16, 2017

1. A hearing request may be made orally or in writing, unless a rule requires otherwise. If an oral request is allowed by rule, an oral request for hearing can be made to a health care authority (HCA) employee, HCA's authorized agent, or to the office of administrative hearings (OAH) employee in person, by telephone, or by voicemail.
2. Program rules may require a specific method and location for sending a written request for hearing. A written request for hearing should be sent to the location specified in the notice.
3. A hearing request should contain:
   1. The requestor's name;
   2. The requestor's address;
   3. The requestor's telephone number;
   4. The applicant's, recipient's, or provider's identification number;
   5. A description of each agency action being contested;
   6. A brief explanation of why the person or entity disagrees with HCA's action; and
   7. Any accommodation to help the requestor fully participate in the hearing, including a foreign or sign language interpreter or any other accommodation for an individual with a disability.

WAC 182-526-0080 Resolving a dispute with the health care authority.

Effective March 16, 2017

1. If a person or entity disagrees with a decision or action of the health care authority (HCA) or one of its authorized agents, the person or entity may request a hearing.
2. A notice of an action or decision by HCA or its authorized agent sent to a person's or entity's correct address is presumed to be received by the person or entity on the fourth business day after it was sent by first class mail. This presumption does not apply to certified or registered mail.
3. A hearing must be requested in the manner and within the deadlines established in statute or rule.
4. After a person or entity requests a hearing the dispute may be resolved through:
   1. Any prehearing alternative or administrative process offered by the program, HCA's authorized agent, or the HCA hearing representative;
   2. A prehearing meeting;
   3. A prehearing conference; or
   4. A hearing.

WAC 182-526-0070 Filing documents.

Effective September 26, 2021

1. Filing is the act of delivering documents to the office of administrative hearings (OAH) or the board of appeals (BOA).
2. The date of filing is the date documents are received by OAH or BOA.
3. Filing is complete when the documents are received by OAH or BOA during business days between 8:00 a.m. to 5:00 p.m. If the documents are received after 5:00 p.m. on a business day, the filing is effective the next business day.
4. A party may file documents by delivering them to OAH or BOA by:
   1. Personal service (e.g., hand delivery);
   2. First class, registered, or certified mail;
   3. Fax transmission;
   4. Electronic service;
   5. Other secure electronic means established by the agency or OAH;
   6. Electronic cloud sharing service approved by the agency;
   7. Commercial delivery service; or
   8. Legal messenger service.
5. A party may obtain confirmation of receipt of the filing from the OAH or BOA staff to prove that the documents were successfully filed electronically.

WAC 182-526-0040 Service of documents on another party.

Effective April 4, 2024

1. When the rules in this chapter or in other program rules or statutes require a party to serve copies of documents on other parties, the party must send copies of the documents to all other parties or their representatives.
2. When sending documents to the office of administrative hearings (OAH) or the board of appeals (BOA), the party must file the documents at one of the locations listed in WAC 182-526-0025(2) for OAH or in WAC 182-526-0030 for BOA.
3. When sending documents to the assigned OAH field office, the parties should use the address of the assigned OAH listed on the notice of hearing. If a field office has not been assigned, all written communication about the hearing must be sent to the OAH Olympia field office, which sends the communication to the correct office. Documents may be sent only as described in this section to accomplish service.
4. Unless otherwise stated in law, a party may serve someone by:
   1. Personal service (hand delivery);
   2. First class, registered, or certified mail;
   3. Fax;
   4. Electronic service;
   5. Commercial delivery service;
   6. Legal messenger service; or
   7. Department of enterprise services consolidated mail services if the servicing party is a state agency, including the agency and OAH. See RCW 43.19.710.
5. A party must serve all other parties or their representatives whenever the party files a pleading, brief, or other document with OAH or BOA, or when required by law.
6. Service is complete when:
   1. Personal service is made;
   2. Mail is properly stamped, addressed, and deposited in the United States mail;
   3. Mail is placed in consolidated mail services to be mailed by United States mail first class, postage prepaid, by a state agency for outgoing mail delivery;
   4. A fax produces proof of transmission;
   5. Electronic service is sent;
   6. A parcel is delivered to a commercial delivery service with charges prepaid; or
   7. A parcel is delivered to a legal messenger service with charges prepaid.
7. A party may prove service by providing any of the following:
   1. A sworn statement;
   2. The certified mail receipt signed by the person who received the envelope;
   3. An affidavit or certificate or mailing;
   4. A signed receipt from the person who accepted the commercial delivery service or legal messenger service package; or
   5. Proof of fax or electronic service transmission.
8. The OAH or BOA may serve documents, by email only if the other parties have agreed to accept electronically served documents.

WAC 182-526-0035 Calculating when a hearing deadline ends.

Effective March 16, 2017

1. When counting days to calculate when a hearing deadline ends under program rules or statutes:
   1. Do not include the day of the action, notice, or order. For example, if a hearing decision is mailed on Tuesday and the party has twenty-one days to request a review, start counting the days with Wednesday.
   2. If the last day of the period is a Saturday, Sunday, or a designated holiday under WAC 357-31-005, the deadline is the next business day.
   3. For periods of seven days or less, count only business days. For example, if the party has seven days to respond to a review request that was mailed on Friday, May 10th, the response period ends on Tuesday, May 21st.
   4. For periods over seven days, count every calendar day, including Saturdays, Sundays, and designated holidays under WAC 357-31-005.
2. The deadline is 5:00 p.m. on the last day.
3. If the party who requested the hearing misses a deadline, that party may lose the right to a hearing or appeal of a decision.

WAC 182-526-0030 Contacting the board of appeals.

Effective September 26, 2021

The information included in this section is current at the time of rule adoption, but may change. Current information and additional contact information are available on the health care authority's internet site, in person at the board of appeals (BOA) office, or by a telephone call to the BOA's main public number.

Board of Appeals