Section 208-08-050. Requests for adjudicative hearing.

(1) Where filed—Form. All requests that the department conduct an adjudicative hearing shall be filed with the department on the form provided by the department or on a form that is substantially similar.

(2) Time limits for request. The department must receive the request for an adjudicative hearing no later than twenty calendar days after the department serves the applicant with a written notice of an opportunity to request a hearing upon department action or contemplated department action. Service upon the applicant is completed when made in accordance with WAC 10-08-110 (2) and (3) or as provided by the statute under which the department initiated the action. If the statute under which the department initiated the action specifically provides for a different time limit, the time limit in that statute shall apply unless it has been superseded by the Administrative Procedure Act, chapter 34.05 RCW, but in no case shall the time limit for requesting an adjudicative hearing be less than twenty calendar days.

(3) Failure to request hearing. Failure of an applicant to file an application for an adjudicative hearing within the time limit set forth in subsection (2) of this section constitutes a default and results in the loss of the applicant's right to an adjudicative hearing. When an applicant defaults, the department may proceed to resolve the case pursuant to RCW 34.05.440(1).

[Statutory Authority: RCW 43.320.040 and 34.05.250. WSR 96-11-035, § 208-08-050, filed 5/6/96, effective 6/6/96.]

RCW 43.320.040 and 34.05.250. WSR 96-11-035, § 208-08-050, filed 5/6/96, effective 6/6/96.

Rules

10-08-110,