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

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.