 |
Washington Administrative Code (Last Updated: November 23, 2016) |
 |
Title 170. Early Learning, Department of |
|
Chapter 170-03. DEL hearing rules. |
Section 170-03-0280. Vacating an order of default or order of dismissal.
Latest version.
- (1) A party may ask the ALJ to vacate (set aside) an order of default or dismissal.(a) A request to vacate an order must be filed with OAH within twenty-one calendar days after the date the order of default or dismissal was mailed. If no request is received within that deadline, the order becomes a final order.(b) The request to vacate an order of default or dismissal must specify why the party believes there is good cause for the order to be vacated.(2) OAH will schedule a hearing on the request to vacate the order.(3) At the hearing, the ALJ will receive evidence and argument from the parties on whether there is good cause for an order of default to be vacated.(4) The ALJ will vacate an order of dismissal and reinstate the hearing if the defaulted party shows good cause or if the DEL representative agrees to waive the deadline.(5) An agreed order of dismissal may be vacated only upon proof that a party has violated a condition of the agreed order of dismissal.