WAC 182-526-0580 Deadline for requesting review of an initial order by a review judge.

Effective March 16, 2017

1. The board of appeals (BOA) must receive the written review request of an initial order on or before 5:00 p.m. on the twenty-first calendar day after the initial order was served, unless an extension of the deadline is granted by the review judge. A party may file the review request by facsimile transmission (fax). A copy of the review request should also be mailed to BOA.
2. A review judge may extend the deadline to request review if a party:
   1. Asks for more time before the deadline expires; and
   2. Gives a good reason for more time.
3. A review judge may accept a review request after the twenty-one calendar day deadline only if:
   1. BOA receives the review request on or before the thirtieth calendar day after the deadline; and
   2. A party shows good cause for missing the deadline.
4. The time periods provided by this section for requesting review of an initial order, including any extensions, does not count against a deadline, if any, for a review judge to enter the final order.

WAC 182-526-0575 How to request review of an initial order.

Effective March 16, 2017

1. A party must make the request for review of an initial order in writing and file the request with the board of appeals (BOA) at the address given in WAC 182-526-0030 and within the deadlines set forth in WAC 182-526-0580. 
2. The request for review should identify the parts of the initial order with which the party disagrees and should identify the evidence in the hearing record supporting the party's position.
3. The party seeking review should also send a copy of the review request to the other parties.
4. After receiving a request for review of an initial order, BOA serves a copy on the other parties, their representatives, and the office of administrative hearings. The other parties and their representatives may respond as described in WAC 182-526-0590.

WAC 182-526-0570 Request for review of an initial order.

Effective February 1, 2013

1. Any party may request a review judge to review the initial order.
2. If more than one party requests review, each request must meet the deadlines in WAC 182-526-0580.

WAC 182-526-0565 Evidence a review judge considers in reviewing an initial order.

Effective February 1, 2013

1. The review judge, in most cases, only considers evidence admitted in the record by the administrative law judge.
2. The review judge considers the request, the initial order, and the record before deciding if the initial order should be changed.
3. The review judge may allow the parties to make oral argument when reviewing initial orders.

WAC 182-526-0560 Review of an initial order by a review judge.

Effective March 16, 2017

1. A party who disagrees with the initial order entered by an administrative law judge (ALJ) may request review by a review judge at the board of appeals (BOA).
2. When a review judge reviews an initial order, the review judge does not hold another hearing. See WAC 182-526-0595.
3. Review judges may not review an initial order after the order becomes a final order, except as permitted by WAC 182-526-0580.

WAC 182-526-0555 Process after a party requests a corrected initial order.

Effective March 16, 2017

1. When a party requests a corrected initial order, the administrative law judge (ALJ) must either:
   1. Serve all parties a corrected order within ten calendar days; or
   2. Deny the request in writing within three business days of receiving it.
2. If the ALJ corrects an initial order and a party does not request review, the corrected initial order becomes a final order at 5:00 p.m., twenty-one calendar days after the corrected initial order was served.
3. If the ALJ denies a request for a corrected initial order and a party does not request review, the initial order becomes a final order at 5:00 p.m., twenty-one calendar days after the initial order was served.
4. If the ALJ denies the request for a corrected initial order and the party still wants the initial order corrected, the party must request review by a review judge.
5. Requesting an ALJ to correct the initial order only extends the deadline to request review of the initial order by a review judge if a corrected initial order is subsequently issued.
6. When a party needs more time to request review of an initial order, the party must ask for more time to request review as permitted by WAC 182-526-0580(2).

WAC 182-526-0550 Deadline for a party to request a corrected initial order.

Effective March 16, 2017

1. A party requesting a corrected initial order from the administrative law judge (ALJ) must make the request on or before the tenth calendar day after the order was served.
2. The time period provided in subsection (1) of this section and the time it takes the ALJ to deny the request or make a decision regarding the request for a corrected initial order, do not count against any deadline for a review judge to enter a final order.

WAC 182-526-0545 How a party requests a corrected initial order.

Effective March 16, 2017

1. A party may request that the administrative law judge (ALJ) issue a corrected initial order by calling or writing to the office of administrative hearings field office that held the hearing.
2. When asking for a corrected initial order, the party must identify the clerical error that is claimed.

WAC 182-526-0530 How to correct or appeal an initial order.

Effective February 1, 2013

1. If a party disagrees with an administrative law judge's (ALJ) initial order because of a clerical error, the party may ask for a corrected initial order from the ALJ as provided in WAC 182-526-0540 through 182-526-0555.
2. If a party disagrees with an initial order for a reason other than a clerical error and wants the initial order changed, the party must request review by a review judge as provided in WAC 182-526-0560 through 182-526-0595.

WAC 182-526-0525  When initial orders become final.

Effective March 16, 2017

An initial order becomes a final order at 5:00 p.m. on the twenty-first calendar day after the office of administrative hearings (OAH) serves the initial order, unless:

1. Any party files a request for review of the initial order within twenty-one calendar days of the serving (mailing) of the initial order in accordance with WAC 182-526-0580(1);
2. Any party files a request for extension of the deadline for filing a request for review which is granted by the review judge under WAC 182-526-0580(2); or
3. Any party files a late request for review which is accepted by a review judge in accordance with WAC 182-526-0580(3);
4. A managed care enrollee requests review by an independent review (IR) organization in accordance with RCW 48.43.535 prior to the initial order becoming final or a final order being entered by a review judge. See WAC 182-526-0200 for enrollee appeals.