WAC 182-526-0595 Process after review response deadline.

WAC 182-526-0595 Process after review response deadline.

Effective March 16, 2017

  1. After the response deadline, the record on review is closed unless the review judge finds there is a good reason to keep it open.
  2. A review judge is assigned to review the initial order after the record on review is closed. To find out which judge is assigned, call the board of appeals.
  3. After the record is closed, the assigned review judge:
    1. Reviews the record, including the initial order; and
    2. Enters a final order that affirms, modifies, dismisses or reverses the initial order; or
    3. Returns the case to the office of administrative hearings for further action.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 182-526-0590 Response to a request for review

WAC 182-526-0590 Response to a request for review.

Effective February 1, 2013

  1. A party does not have to respond to the request for review. A response is optional.
  2. If a party decides to respond, that party must file the response so that the board of appeals (BOA) receives it on or before the seventh business day after the date the other party's review request was served to the party by the BOA.
  3. The party should send a copy of the response to all other parties or their representatives.
  4. A review judge may extend the deadline in subsection (2) of this section if a party asks for more time before the deadline to respond expires and gives a good reason.
  5. If a party asks for more time to respond, the time period provided by this section for responding to the review request, including any extensions, does not count against any deadline for a review judge to enter the final order.
  6. A review judge may accept and consider a party's response even if it is filed after the deadline.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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).

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

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.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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