Effective December 1, 2005
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WAC 170-290-0260 Who has a
right to ask for a hearing and how do
they ask for one?
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WCCC consumers have a right to request
a hearing under chapter 388-02 WAC on any action affecting WCCC
benefits except for mass changes resulting from a change in
policy or law.
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Licensed or certified child care providers
or in-home/relative providers can request
hearings under chapter 388-02 WAC and RCW 43,20B.675 only for WCCC overpayments.
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To request a hearing you, the
licensed/certified provider, or in-home/relative provider:
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Contacts the office which sent them
the notice; or
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Writes to the Office of
Administrative Hearings, PO Box 42489,
Olympia WA 98504-2488; and
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Makes the request for a hearing within:
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Ninety days of the date a decision
is received for consumers; or
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Twenty-eight days of the date a
decision is received for providers (per RCW 43.20B.675).
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Note: 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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In a child care hearing, supporting documents are crucial to the department's case. You may need to include canceled warrants, signed invoices, service authorization screen printouts and/or the service invoice screen printouts. You can find details on how to obtain this information in the SSPS Manual.
Effective May 28, 2004
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WAC 170-290-0265 When can I
get WCCC benefits pending the outcome of a hearing?
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If you are a WCCC consumer, you can
receive WCCC pending the outcome of a hearing if you request the
hearing:
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On or before the effective date of
an action; or
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No more than ten days after we send you a notice of adverse action.
"Adverse action" means an action to reduce or
terminate your WCCC, or to set up a protective payee to
receive your WCCC warrant for you.
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If you lose a hearing, any WCCC you use
between the date of the adverse action and the date of the
hearing or hearing decision is an overpayment to you, the
consumer.
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If you are a WCCC consumer, you may not
receive WCCC benefits pending the outcome of a hearing if you
request payment to a provider who is not eligible under WAC
170-290-0125.
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If you are eligible for WCCC, you may
receive child care benefits for another eligible provider,
pending the outcome of the hearing.
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Note: 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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CLARIFICATION
WAC 170-290-0265 does not require DSHS to
continue benefits beyond the current authorization period if the client
is:
- No longer eligible, and
- Has filed for a hearing.
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EXAMPLE 1
May 15 - Carrie became ineligible for care. Her eligibility period ends 6/30.
May 15 - You terminated care correctly with an effective date no earlier than May 25. Carrie requested a hearing timely. When the Hearings Coordinator directs you, extend care to the original eligibility end date but not beyond.
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EXAMPLE 2
June 20 - Shawn submitted and you processed a reapplication for services (current eligibility end date is 6/30). You determined the consumer is not eligible after the original eligibility end date, 6/30. You sent a denial letter. Shawn filed for a hearing timely. Do not extend eligibility past the original end date.
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