WAC 182-526-0387 Requesting that a hearing be consolidated or severed when multiple agencies are parties to the proceeding.

Effective February 23, 2025

1. The following requirements apply only to hearings in which an applicant or recipient of medical services programs administered by the agency, seeks review of decisions made by more than one agency, as defined in RCW 34.05.010. For example: A medical services program recipient appeals a termination of medical assistance by the health care authority and in the same request for hearing the recipient appeals a termination of cash assistance issued by the department of social and health services.
2. When the applicant or recipient of a medical services program files a single request for hearing objecting to decisions made by more than one agency, as defined in RCW 34.05.010, the office of administrative hearings (OAH) schedules one hearing. The administrative law judge (ALJ) may sever the proceeding into multiple hearings on the motion of any of the parties, when:
   1. All parties consent to the severance; or
   2. Any party requests severance without another party's consent, and the ALJ finds there is good cause for severing the hearing and that the proposed severance is not likely to prejudice the rights of the applicant or recipient in accordance with RCW 74.09.741(5).
3. If there are multiple hearings involving common issues or parties where there is one appellant and both the health care authority and the department are parties, upon motion of any party or upon the ALJ's motion, the ALJ may consolidate the hearings if the ALJ finds that the consolidation is not likely to prejudice the rights of the applicant or recipient who is a party to any of the consolidated hearings in accordance with RCW 74.09.741(5).
4. If the ALJ grants the motion to sever the hearing into multiple hearings or consolidate multiple hearings into a single hearing, the ALJ enters an order and OAH sends a new notice of hearing to the appropriate parties in accordance with WAC 182-526-0250, unless service of notice is waived by the parties.
5. Petitions for judicial review must be served on all agencies involved in the hearing.

WAC 182-526-0380 Group hearing requests and withdrawals.

Effective March 16, 2017

1. A group hearing may be held when two or more parties request a hearing about similar issues.
2. Hearings may be combined at the request of the parties or the administrative law judge (ALJ).
3. All parties participating in a group hearing may have their own representative present.
4. A party may withdraw from a group hearing by asking the administrative law judge for a separate hearing.
5. If a party asks to withdraw from a group hearing before the ALJ makes a discretionary ruling or the hearing begins, the ALJ must give the party a separate hearing.
6. If a party later shows good cause, the ALJ may give the party a separate hearing at any time during the hearing process.
7. The ALJ must grant a party's request to withdraw from a group hearing when participation in the group hearing could require the release of confidential or protected health care information and the party does not consent to the release of such information. 

WAC 182-526-0375 Summary of the hearing process.

Effective March 16, 2017

At a hearing under this chapter:

1. The administrative law judge (ALJ):
   1. Explains the hearing rights of the parties;
   2. Marks and admits or rejects exhibits;
   3. Ensures that a record is made;
   4. Explains that a decision is mailed after the hearing;
   5. Notifies the parties of appeal rights;
   6. May keep the record open for a time after the hearing if needed to receive more evidence or argument; and
   7. May take actions as authorized under this chapter.
2. The parties may:
   1. Make opening statements to explain the issues;
   2. Offer evidence to prove their positions, including oral or written statements of witnesses;
   3. Question the witnesses presented by the other parties; and
   4. Give closing arguments about what the evidence shows and what laws apply.
3. At the end of the hearing, the record is closed unless the ALJ allows more time to file additional evidence. See WAC 182-526-0390.

WAC 182-526-0370 Submitting documents for a telephonic hearing.

Effective March 16, 2017

1. When a hearing is conducted by telephone, an administrative law judge (ALJ) may order the parties to file and serve any documents or proposed exhibits at least five days before the hearing.
2. The health care authority hearing representative may be able to help a party copy and file their documents with the office of administrative hearings (OAH) and send them to any other party.

WAC 182-526-0360 Changing how a hearing is held or how a witness appears at a hearing.

Effective February 23, 2025

1. For cases in which the party who requested a hearing is an applicant or recipient of a medical services program administered by the agency, the hearing must be held according to RCW 74.09.741 (5)(c).
2. 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.
3. Any party to the hearing has the right to request that:
   1. The hearing be changed from an in-person hearing to a telephonic hearing or from a telephonic hearing to an in-person hearing; or
   2. A witness be allowed to appear telephonically even for an in-person hearing.
4. 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:
   1. A party does not speak or understand English well.
   2. A party wants to present a significant number of documents during the hearing.
   3. 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.
   4. A party has a disability or communication barrier that affects its ability to present its case.
   5. A party believes that the personal safety of someone involved in the hearing process is at risk.
5. 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.
6. 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.
7. The ALJ may schedule a prehearing conference to determine if the request should be granted.
8. If the ALJ grants the request, the ALJ may orally advise the parties of the change in how the witness or party appears.
9. If the ALJ denies the request, the ALJ must issue a written order that includes findings of fact supporting why the request was denied.

WAC 182-526-0350 Recording the hearing.

Effective March 16, 2017

The administrative law judge must make an audio record of the entire hearing.

WAC 182-526-0345 Administrative law judge present at the hearing.

Effective February 1, 2013

1. If the hearing is scheduled as an in-person hearing, an administrative law judge (ALJ) is physically present.
2. If the hearing is scheduled as a telephonic hearing, an ALJ is present by telephone.

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 March 28, 2026

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. If the order was issued by the office of administrative hearings (OAH), the petition to vacate must be filed with OAH.
   2. If the order was issued by the health care authority (HCA), the petition to vacate must be filed with HCA or the board of appeals (BOA).
   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 21 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 or HCA receives a petition to vacate, 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 HCA 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.