WAC 182-526-0085

Effective February 1, 2013

WAC 182-526-0085 Determining if a hearing right exists.

1.  A person or entity has a right to a hearing only if a law or program rule gives that right.  If the person or entitiy is not sure whether a hearing right exists, they should request a hearing to protect their rights.

2. Some programs may require a person or entity to go through an informal administrative process before requesting or having a hearing.  The notice of the action should include information about this requirement if it applies.

3. Program rules and statutes may limit the time a person or entity has to request a hearing. The deadline for filing the request for hearing varies by the program involved. All hearing requests should be submitted right away to protect the right to a hearing, even if the parties are also trying to resolve the dispute informally.

4. If a hearing is requested, one is scheduled.

5. If the health care authority (HCA) hearing representative or the administrative law judge (ALJ) questions the right to a hearing, the ALJ must address whether the hearing right exists.

6. If on appeal of the initial order the HCA hearning representative or the review judge questions the right to a hearing, the review judge decides whether the hearing right exists.

7. If the ALJ or review judge decides that a person or entity does not have a right to a hearing, the hearing is dismissed.

8. If the ALJ or review judge decides that a person or entity does have a right to a hearing, the hearing proceeds. 

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.