WAC 182-526-0415

Effective February 1, 2013

WAC 182-526-0415 Exhibits.

  1. Proposed exhibits.

    (a) Proposed exhibits are documents or other objects that a party wants the administrative law judge (ALJ) to consider when reaching a decision.

    (b) 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.

    (a) All parties should mark and number their proposed exhibits before the hearing.

    (b) All parties should send (exchange) their exhibits in advance of the hearing.

    (c) Parties should bring to the hearing enough copies of their proposed exhibits for all parties if those exhibits were not exchanged prior to the hearing.

    (d) 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.

    (a) The administrative law judge (ALJ) decides whether to admit a proposed exhibit into the record and also determines the importance of the evidence.

    (b) The ALJ admits proposed exhibits into the record by marking, listing, identifying, and admitting the proposed exhibits.

    (c) The ALJ may also exclude proposed exhibits from the record.

    (d) The ALJ must make rulings on the record to admit or exclude exhibits.

  4. Disagreeing with an exhibit.

(a) 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.

(b) 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:

i. Everything in the exhibit or agrees that it should apply to the hearing;

ii. What the exhibit says; or

iii. How the administrative law judge should use the exhibit to make a decision.

5.  The following rules apply to filing proposed exhibits with

OAH and sending them to the other parties for a telephone conference hearing:

(a) Parties should file their proposed exhibits with OAH and send them to the other  parties at least five days before the telephonic hearing. In some cases, the ALJ may require that the parties file and send them earlier.

(b) The health care authority hearing representative may help the party that had requested the hearing file copies of its proposed exhibits with OAH and send to the other parties if that party cannot afford to do so. The ALJ may require the party to provide proof that they are unable to afford to do so.

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.