WAC 182-526-0340 Hearing location.

Effective September 26, 2021

1. The office of administrative hearings (OAH) may schedule a hearing to be conducted in-person, by telephone, or by video.
2. A telephonic or video hearing is where the appellant appears by telephone, video, or other electronic means.
3. An in-person hearing is where the appellant appears face-to-face with the ALJ. The other parties may choose to appear either in person, by telephone or by video.
4. Whether a hearing is held in-person, by video or telephonically, each party has the right to see all documents, hear all testimony, and question all witnesses.
5. If a hearing is originally scheduled as an in-person hearing, the appellant may ask that the ALJ change it to a telephonic or video hearing. Once a telephonic or video hearing begins, the ALJ may stop, reschedule, and change the hearing to an in-person hearing if any party makes such a request.

WAC 182-526-0310 Requesting a stay of the health care authority action.

Effective February 1, 2013

A party may request that an administrative law judge (ALJ) or review judge stay (stop) a health care authority action until there is a decision entered by the ALJ or review judge. The ALJ or review judge decides whether to grant or deny the stay and enters a written order.

WAC 182-526-0290 Reinstating a hearing after an order of default or an order of dismissal.

Effective January 5, 2018

1. If an order of default was entered under WAC 182-526-0284, or an order of dismissal was entered under WAC 182-526-0285, the appellant may file a petition (request) to vacate (set aside) the order.
   1. The petition to vacate must be filed with the office of administrative hearings (OAH) or the board of appeals (BOA) for nursing home rates cases.
   2. BOA forwards any petition to vacate to OAH except for nursing home rates cases.
   3. The appellant must specify in the petition to vacate the reason why the order should be vacated.
2. The petition to vacate must be filed within twenty-one calendar days of service (mailing) of the order to the parties. If the petition to vacate is not filed by the deadline, the order of default or order of dismissal becomes a final order by operation of law.
3. If OAH receives a petition to vacate, or if the BOA receives a petition to vacate in a nursing home rates case, OAH or BOA schedules a prehearing conference and serves all parties with a notice of a prehearing conference under WAC 182-526-0250.
4. If the appellant fails to appear at the scheduled prehearing conference to address the petition to vacate:
   1. The order of default or order of dismissal becomes a final order by operation of law;
   2. OAH, or BOA in a nursing home rates case, will issue an order disposing of the appellant's hearing request, stating that the order of default or order of dismissal became a final order by operation of law under RCW 34.05.440 (2) and (3) because the appellant failed to appear at the prehearing conference to address the petition to vacate, and including information about judicial review under WAC 182-526-0640;
   3. The appellant may seek judicial review of the final order of default or final order of dismissal to the superior court under WAC 182-526-0640.
5. If the appellant appears for the scheduled prehearing conference:
   1. The ALJ or review judge will receive evidence and argument from the parties regarding whether:
      1. The petition to vacate was timely filed; and
      2. The appellant has established good cause to excuse any default or dismissal and to reinstate the matter for hearing.
   2. If the petition to vacate was not filed timely, the ALJ or the review judge will issue an order disposing of the appellant's hearing request, stating that the order of default or order of dismissal became a final order by operation of law under RCW 34.05.440(1) because the appellant failed to timely file the petition to vacate, and including information about judicial review under WAC 182-526-0640. The appellant may seek judicial review of the final order of default or final order of dismissal to the superior court under WAC 182-526-0640.
   3. If the petition to vacate was timely filed, but the appellant does not establish good cause to excuse any default or dismissal, the ALJ must issue an initial order, including information about how to petition for review to the BOA, or the review judge must issue a final order dismissing the appeal.
   4. If the petition to vacate was timely filed and the appellant establishes good cause to excuse any default or dismissal, the ALJ or review judge vacates the order of default or order of dismissal and the matter may proceed to hearing on the issues identified in the original request for hearing. The hearing may occur:
      1. Immediately following the prehearing conference if the parties agree; or
      2. At a hearing date scheduled by OAH or BOA under WAC 182-526-0250 if the ALJ or review judge continues the hearing to a later date.

WAC 182-526-0285 Orders of dismissal.

Effective August 18, 2018

1. An order of dismissal may be entered when the appellant withdraws the request for hearing under WAC 182-526-0115.
2. An appellant may file a petition (request) to vacate an order of dismissal under WAC 182-526-0290.
3. An order of dismissal becomes a final order by operation of law, disposing of the appellant's request for a hearing under RCW 34.05.440 if:
   1. The appellant fails to appear at a prehearing conference scheduled to address the petition to vacate under WAC 182-526-0290 (3) and (4) (a).
4. The health care authority or managed care organization action stands after an order of dismissal becomes a final order.
5. The appellant may seek judicial review of a final order of dismissal to the superior court under WAC 182-526-0640.

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.

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.

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.

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.

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.

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.