Section 182-526-0360. Changing how a hearing is held or how a witness appears at a hearing.

(1) For cases in which the party that requested a hearing is an applicant or recipient of a medical services program established under chapter 74.09 RCW, the hearing shall be conducted according to RCW 74.09.741 (5)(c). An applicant or recipient may agree to have one or more prehearing conferences conducted telephonically without waiving the right to have any subsequent prehearing conference or other hearings held in-person.

(2) Parties to the hearing have the right to request that:

(a) A hearing format be changed from an in-person hearing to a telephonic hearing or from a telephonic hearing to an in-person hearing; or

(b) A witness may be allowed to appear in-person or telephonically. The office of administrative hearings (OAH) must advise the party of the right to request a change in how a witness appears.

(3) A party must show a compelling reason to change the way a witness appears (in-person or by telephone). 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 its ability to present its case.

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

(4) A compelling reason to change the way a witness appears at a hearing can be overcome by a more compelling reason not to change how a witness appears for a hearing.

(5) If a party wants to change the hearing or change how their witnesses or other parties appear, the party must contact the office of administrative hearings (OAH) to request the change.

(6) The administrative law judge (ALJ) may schedule a prehearing conference to determine if the request should be granted.

(7) If the ALJ grants the request, the ALJ reschedules the hearing or changes how the witness or party appears.

(8) If the ALJ denies the request, the ALJ must issue a written order that includes findings of fact supporting why the request was denied.

[Statutory Authority: 2011 1st sp.s. c 15 § 53, chapters 74.09, 34.05 RCW, and 10-08 WAC. WSR 13-02-007, § 182-526-0360, filed 12/19/12, effective 2/1/13.]

2011 1st sp.s. c 15 § 53, chapters 74.09, 34.05 RCW, and 10-08 WAC. WSR 13-02-007, § 182-526-0360, filed 12/19/12, effective 2/1/13.