WAC 182-526-0485 Standard of proof.

Effective February 1, 2013

Standard of proof refers to the amount of evidence needed to prove a party's position. Unless the rules or law states otherwise, the standard of proof in a hearing is a preponderance of the evidence. This standard means that it is more likely than not that something happened or exists.

WAC 182-526-0480 Burden of proof.

Effective February 1, 2013

1. Burden of proof is a party's responsibility to:
   1. Provide evidence regarding disputed facts; and
   2. Persuade the administrative law judge (ALJ) that a position is correct.
2. To persuade the ALJ, the party who has the burden of proof must provide the amount of evidence required by WAC 182-526-0485. The ALJ decides if a party has met the burden of proof.

WAC 182-526-0450 Witness.

Effective March 16, 2017

1. The following persons may be witnesses in a hearing:
   1. The appellant or the health care authority (HCA) hearing representative; or
   2. Anyone the parties or the administrative law judge (ALJ) asks to be a witness.
2. The ALJ decides who may testify as a witness.
3. An expert witness may not be a former HCA employee, a former HCA authorized agent, or a former employee of the department in the proceeding against HCA or the department if that employee was actively involved in the HCA action while working for HCA or the department, unless the HCA hearing representative agrees.
4. All witnesses:
   1. Must affirm or take an oath to testify truthfully during the hearing.
   2. May testify in person or by telephone.
   3. May request interpreters from the office of administrative hearings (OAH) at no cost to the party offering the witness.
   4. May be subpoenaed and ordered to appear according to WAC 182-526-0320.
5. Cross-examining a witness.
   1. Each party has the right to cross-examine (question) each witness.
   2. If a party has a representative, only the representative, and not the party, may question the witness.
   3. The ALJ may also question witnesses.
6. Witnesses may refuse to answer questions. However, if a witness refuses to answer a question, the ALJ may reject all of the related testimony of that witness.

WAC 182-526-0440 Judicial notice.

Effective February 1, 2013

1. The administrative law judge (ALJ) may consider and admit evidence by taking judicial notice.
2. Judicial notice is evidence that includes facts or standards that are generally recognized and accepted by judges, government agencies, or national associations. For example, an administrative law judge may take judicial notice of a calendar, a building code, or a standard or practice.
3. If a party requests judicial notice, or if the ALJ intends to take judicial notice, the ALJ may ask the party to provide a copy of the document that contains the information.
4. If judicial notice has been requested, or if the ALJ intends to take judicial notice, the ALJ must tell the parties before or during the hearing.
5. The ALJ must give the parties time to object to judicial notice evidence.

WAC 182-526-0415  Exhibits.

Effective March 16, 2017

1. Proposed exhibits.
   1. Proposed exhibits are documents or other objects that a party wants the administrative law judge (ALJ) to consider when reaching a decision.
   2. After the document or object is accepted by the ALJ, it is admitted and becomes an exhibit.
2. Marking and numbering proposed exhibits and providing copies.
   1. All parties should mark and number their proposed exhibits before the hearing.
   2. All parties should send their proposed exhibits to the office of administrative hearings (OAH) and to all other parties in advance of the hearing.
   3. Parties should bring to the hearing enough copies of their proposed exhibits for all parties if those exhibits were not provided prior to the hearing.
   4. If the party who requested the hearing cannot afford to provide copies of its exhibits for all parties, the requesting party must make its proposed exhibits available for copying. The ALJ may require proof that the requesting party is unable to afford copies.
3. Admitting proposed exhibits into the record.
   1. The ALJ decides whether to admit a proposed exhibit into the record and also determines the importance of the evidence.
   2. The ALJ admits proposed exhibits into the record by marking, listing, identifying, and admitting the proposed exhibits.
   3. The ALJ must make rulings on the record to admit or exclude exhibits.
4. Disagreeing with an exhibit proposed by another party.
   1. A party may object to the authenticity or admissibility of any exhibit, or offer argument about how much importance the ALJ should give the exhibit.
   2. Even if a party agrees that a proposed exhibit is a true and authentic copy of a document, the agreement does not mean that a party agrees with:
      1. Everything in the exhibit or agrees that it should apply to the hearing;
      2. What the exhibit says; or
      3. How the ALJ should use the exhibit to make a decision.
   3. The ALJ may also exclude proposed exhibits from the record.
5. The following rules apply to filing proposed exhibits with OAH and serving them on the other parties for a telephonic hearing:
   1. Parties should file their proposed exhibits with OAH and serve them on the other parties at least five days before the telephonic hearing. In some cases, the ALJ may require that the parties file and serve them earlier.
   2. The health care authority hearing representative may help the appellant file copies of proposed exhibits with OAH and serve the other parties if the appellant cannot afford to do so. The ALJ may require the appellant to provide proof that they are unable to afford to do so.

WAC 182-526-0390 Evidence.

Effective March 16, 2017

1. Evidence includes documents, objects, and testimony of witnesses that parties offer during the hearing to help prove their positions.
2. Evidence may be all or parts of original documents and may be copies of the originals.
3. Parties may offer statements signed by a witness under oath or affirmation as evidence, if the witness cannot appear.
4. Testimony subject to cross examination by the other parties may be given more importance by the administrative law judge (ALJ).
5. The parties may bring evidence to any prehearing meeting, prehearing conference, or hearing, or may file evidence before these events with the office of administrative hearings (OAH).
6. The ALJ may set a deadline before the hearing for the parties to file proposed exhibits and the names of witnesses. If a party misses the deadline, the ALJ may refuse to admit the evidence unless:
   1. The ALJ finds that the offering party has good cause.
   2. The other parties agree that party has good cause for missing the deadline; or
   3. The other parties agree the ALJ may consider the evidence.
7.  Parties may bring any documents and witnesses to the hearing to support their position. However, the other parties may object to any evidence that is offered and may cross-examine witnesses
8. The ALJ determines whether the evidence is admitted and what importance to give it
   1. If the ALJ does not admit the evidence, the parties may make an offer of proof to show why the ALJ should admit it
   2. To make an offer of proof, a party presents evidence and argument on the record to show why the ALJ should consider the evidence
   3. The offer of proof preserves the argument for appeal.
9. The ALJ may only consider admitted evidence and matters officially noticed in the proceeding (judicial notice) to decide the case.
10. Admission of evidence is based upon the reasonable person standard. This standard means evidence that a reasonable person would rely on in making a decision.
11. The ALJ may admit and consider hearsay evidence in accordance with RCW 34.05.452.
12. The ALJ may reject evidence using the Washington rules of evidence as guidelines.
13. The ALJ must reject evidence if required by law.
14. The ALJ decides:
    1. What evidence is more credible if evidence conflicts; and
    2. The importance given to the evidence.
15. The ALJ uses the Washington rules of evidence as guidelines when those rules do not conflict with the rules of this chapter or the Washington Administrative Procedure Act, chapter 34.05 RCW.
16. The ALJ may permit a party or parties to submit additional evidence after the date of the hearing. The ALJ also may allow an appropriate amount of time for the other parties to respond and object to any evidence submitted after the hearing.

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.