WAC 388-526-0360 May a party convert how a hearing is held or how a witness appears at a hearing? (Emergency rule effective 6/10/12.)

1.  The parties have the right to request that:

a. A hearing format be converted (changed) from an in-person hearing to a telephone conference or from a telephone conference to an in-person hearing; or

b. A witness appear in person or by telephone conference. The office of administrative hearings (OAH) must advise you of the right to request a change in how a witness appears.

2. A party must show a compelling reason to change the way a witness appears (in-person or by telephone conference). Some examples of compelling reasons are:

a. A party does not speak or understand English well.

b. A party wants to present a significant number of documents during the hearing.

c. 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.

d. A party has a disability or communication barrier that affects their ability to present their case.

e. A party believes that the personal safety of someone involved in the hearing process is at risk.

3. A compelling reason to convert the way a witness appears at a hearing can be overcome by a compelling reason not to convert how a witness appears for a hearing.