WAC 182-526-0220

Effective February 1, 2013

WAC 182-526-0220 Rules and laws an administrative law judge and review judge must apply when conducting a hearing or making a decision.

1. Administrative law judges (ALJs) and review judges must first apply the applicable program rules adopted in the Washington Administrative Code (WAC).

 

2. If no program rule applies, the ALJ or review judge must decide the issue according to the best legal authority and reasoning available, including federal and Washington state constitutions, statutes, regulations, and court decisions.

 

3. When applying program rules regarding the substantive rights and responsibilities of the parties (such as eligibility for services, benefits, or a license), the ALJ and review judge must apply the program rules in effect on the date of the health care authority (HCA) action, unless otherwise required by other rule or law. If HCA amends its notice of action, the ALJ or review judge must apply the rules in effect on the date the action was taken, unless otherwise required by other rule or law.

 

4. When applying procedural rules, the ALJ and review judge must apply the rules that are in effect on the date the procedure is followed.

 

5. Program rules determine the amount of time HCA or HCA’s authorized agent has to process an application for services, benefits, or a license.

 

6. The ALJ and review judge must apply the rules in this chapter beginning on the date each rule is effective.

 

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.