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 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.

WAC 182-526-0285 Orders of dismissal.

Effective August 18, 2018

1. An order of dismissal may be entered when the appellant withdraws the request for hearing under WAC 182-526-0115.
2. An appellant may file a petition (request) to vacate an order of dismissal under WAC 182-526-0290.
3. An order of dismissal becomes a final order by operation of law, disposing of the appellant's request for a hearing under RCW 34.05.440 if:
   1. The appellant fails to appear at a prehearing conference scheduled to address the petition to vacate under WAC 182-526-0290 (3) and (4) (a).
4. The health care authority or managed care organization action stands after an order of dismissal becomes a final order.
5. The appellant may seek judicial review of a final order of dismissal to the superior court under WAC 182-526-0640.

WAC 182-526-0280 Continuing a hearing when an appellant is an applicant or recipient.

Effective January 5, 2018

1. Any party may request a continuance under this section either orally or in writing.
2. Before contacting the office of administrative hearings (OAH) to request a continuance, the party seeking the continuance must make a good faith effort to contact the other parties to find out if they agree to a continuance. The party making the request for a continuance must let OAH know whether the other parties agreed to the continuance.
3. Standard when less than sixty days. When a continuance request is made less than sixty days from the date OAH received the hearing request:
   1. If all parties agree to the continuance, the ALJ must grant the request unless the ALJ holds a prehearing conference and finds that good cause for a continuance does not exist under WAC 182-526-0020.
   2. If the parties do not agree to the continuance, the ALJ must schedule a prehearing conference and determine if good cause for a continuance exists under WAC 182-526-0020 and under the following factors:
      1. Why the party is requesting a continuance;
      2. Why the other party or parties are objecting to the request;
      3. Whether a continuance in the case has previously been granted at the request of the same party who is now requesting the continuance and, if so, whether it was for the same reason;
      4. The extent to which the requesting or objecting parties could have prevented the need for delay;
      5. The number and duration of previous continuances in the case and who requested them;
      6. The legal or factual complexity of the case;
      7. The relative harm to the parties if the continuance is granted or denied, including the risk of harm to the appellant if he or she is not receiving continued benefits;
      8. The impact of a continuance on the parties' ability to adequately prepare and present their cases;
      9. Any need to provide accommodation, translation, or interpreter services; and
      10. The impact of a continuance on the ability of OAH to issue a timely initial decision; or
      11. Other relevant factors.
4. Standard when sixty days or greater. When a continuance request is made sixty days or more from the date OAH received the hearing request:
   1. The ALJ must not only consider whether there is good cause to continue the hearing but also must find a compelling reason for the continuance.
   2. Compelling reasons include:
      1. Medical evidence is required;
      2. Extraordinary circumstances exist, such as the sudden unforeseen onset of an illness or adverse event that was beyond the party's ability to prevent;
      3. The hearing format changes or the ALJ finds a compelling reason to change the way a witness appears at the hearing according to WAC 182-526-0360;
      4. The appellant needs more time to prepare or present evidence or argument because the agency issued an amended notice under WAC 182-526-0260;
      5. The need for more time was caused by another party's action or inaction, considering the relative capacity and resources of the parties;
      6. The need to provide accommodation, translation, or interpreter services;
      7. A party received notice of the date or deadline thirty days or more after OAH received the hearing request;
      8. Whether the continuance is needed to allow for effective assistance of counsel of record; or
      9. Other compelling reasons.
5. The ALJ must notify all parties whether a continuance was granted or denied orally on the record, or must do so in writing within five business days of the prehearing conference.
6. If the ALJ grants a continuance, OAH must serve a new notice of hearing on the parties at least fourteen calendar days before the new hearing date, unless the parties agree to a shorter time period.

WAC 182-526-0270 Mailing address changes.

Effective March 16, 2017

1. The appellant must tell the health care authority (HCA) hearing representative and the office of administrative hearings (OAH) as soon as possible, when the party's mailing address changes.
2. If a party does not notify the HCA hearing representative and OAH of a change of mailing address, OAH continues to send notices and other important papers to the last known mailing address, the administrative law judge (ALJ) may find that the party received the documents or waived the right to receive those documents.

WAC 182-526-0265 Amending hearing requests.

Effective February 1, 2013

1. The administrative law judge (ALJ) may allow the party that requested the hearing to amend its hearing request before or during the hearing.
2. The ALJ must offer to continue (postpone) the hearing to give the other parties more time to prepare or present evidence or argument if there is a substantive change in the hearing request.