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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 182. Health Care Authority |
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Chapter 182-526. Administrative hearing rules for medical services programs. |
Section 182-526-0085. Determining if a hearing right exists.
Latest version.
- (1) A person or entity has a right to a hearing only if a law or program rule gives that right. If the person or entity is not sure whether a hearing right exists, they should request a hearing to protect their rights.(2) Some programs may require a person or entity to go through an informal administrative process before requesting or having a hearing. The notice of the action should include information about this requirement if it applies.(3) Program rules and statutes may limit the time a person or entity has to request a hearing. The deadline for filing the request for hearing varies by the program involved. All hearing requests should be submitted right away to protect the right to a hearing, even if the parties are also trying to resolve the dispute informally.(4) If a hearing is requested, one is scheduled.(5) If the health care authority (HCA) hearing representative or the administrative law judge (ALJ) questions the right to a hearing, the ALJ must address whether the hearing right exists.(6) If on appeal of the initial order the HCA hearing representative or the review judge questions the right to a hearing, the review judge decides whether the hearing right exists.(7) If the ALJ or review judge decides a person or entity does not have a right to a hearing, the hearing is dismissed.(8) If the ALJ or review judge decides that a person or entity does have a right to a hearing, the hearing proceeds.