Revised November 13, 2015
Clarifying Information:
- Either the client or their representative may request an administrative hearing. The request must be made within in 90 days of the date of the notice of the department decision.
- The Administrative Law Judge (ALJ) is responsible for determining whether hearing requests are filed timely.
- Hearing requests must be forwarded to the Office of Administrative Hearings (OAH) for scheduling regardless of the date of the hearing request. See RCW 74.08.080
- The hearing request does not need to be in any particular form and can be made verbally or in writing to the department or in writing to OAH. Note: Provider hearing requests must be made in writing and submitted to the Office of Financial Recovery (OFR).
- The hearing request can be made to any department employee.
- The hearing request should include the department decision being appealed, the date the client was notified of the department decision, and why the client is dissatisfied with the department decision.
- Any communication with the department indicating dissatisfaction with a department decision should be treated as a hearing request.
- Hearing requests can be sent to the OAH by DSHS staff through interoffice mail to MS 42489.
- Hearing requests can be mailed directly by the client/representative to OAH at PO Box 42489, Olympia, WA 98504-2489.
Financial Service Specialist (FSS)/Case Manager Responsibilities:
- Respond to the client and document in the ACES narrative when a client contacts the department regarding an adverse department decision.
- Explain the reasons for the department decision.
- Describe what rules apply to the department decision.
- Try to resolve the issue(s) with the client, but, if unable to resolve the issue(s) offer the client a supervisor conference, if appropriate.
- Inform the client of their right to an administrative hearing.
- Give or mail the client the pamphlet, How to Request a Hearing, DSHS 22-092(X) and a Request for Hearing, DSHS 5-013(X).
- Offer to complete an electronic Fair Hearing Request form through BarCode for the customer or provide the paper Request for Hearing form DSHS 5-013(X), if the the client prefers. Document the client's decision in ACES.
- Forward the paper hearing request via Hotmail to the Document Management System (DMS).
Administrative Hearing Coordinator (AHC) Responsibilities:
- Maintain record of all hearing requests until scheduled.
- Contact client to clarify the hearing request, if necessary.
- Forward all hearing requests to the OAH for scheduling.
- If the client is Equal Access, include a copy of Accommodation plan with the hearing request.
- If the client is Limited English Proficiency, include primary language information with the hearing request.
- Document the receipt of a hearing request in ACES narrative.
- Follow up with the OAH if the hearing date is not received from OAH within 10 days.