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.

WAC 182-526-0150 Hearing decisions involving limited-English-proficient parties.

Effective February 1, 2013

1. When an interpreter is used at a hearing, the administrative law judge must explain that the decision is written in English and that the office of administrative hearings (OAH) will provide an interpreter for a sight translation of the decision at no cost to that party.
2. OAH must provide the party needing sight translation services information about how to obtain those services. Information about how to access sight translations must be attached to the decision or order.
3. OAH or the board of appeals must send a copy of a decision or order to an interpreter for use in sight translation.

WAC 182-526-0145 Interpreter requirements.

Effective February 1, 2013

1. Interpreters must:
   1. Use the interpretive mode that the parties, the person with hearing loss, the interpreter, and the administrative law judge (ALJ) consider the most accurate and effective;
   2. Interpret statements made by the parties and the ALJ;
   3. Not disclose information about the hearing without the written consent of the parties; and
   4. Not comment on the hearing or give legal advice.
2. The ALJ must allow enough time for all interpretations to be made and understood.
3. The ALJ may make a video recording of a hearing and use it as the official transcript for hearings involving a person with hearing loss.

WAC 182-526-0140 Waiving interpreter services.

Effective February 1, 2013

1. If one of the parties is limited-English-proficient (LEP), that party may ask to waive interpreter services.
2. The request must be in writing or through a qualified interpreter on the record.
3. The administrative law judge must determine if the waiver has been knowingly and voluntarily made.
4. The party may withdraw their waiver at any time before or during the hearing.

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.