Section 308-103-050. Scheduling—Notice of hearing.

(1) Upon receipt of a timely request for a hearing, the department shall schedule a telephone hearing within sixty days following the arrest or following the date the notice has been given by the department following a blood test, unless otherwise agreed to by the department and the person.

(2) The petitioner or petitioner's legal representative may state a preferred range of hearing dates or unavailable dates. To the extent that such requests can be accommodated within the applicable time limits and hearing officer availability, the department will attempt to do so.

(3) The department shall mail a hearing notice to the petitioner or petitioner's legal representative at least ten days prior to the date of the hearing.

(4) The department's scheduling notice and brochure will include the assigned hearing officer's name, a phone number at which he or she may be contacted, and other information concerning the administrative hearing. The department's notice will also include a telephone number and a TDD number that any party or witness may call to request special accommodations.

(5) The petitioner or petitioner's legal representative may request that all or part of the hearing be conducted "in person." Such request must be in writing stating the reasons therefore and directed to the assigned hearing officer immediately upon receipt of the scheduling notice. The hearing officer will have the sole discretion to grant or deny this request, and may require a waiver of the requirement that the hearing be held within sixty days, the requirement that the hearing be held in the county of arrest, or both requirements as a condition to granting the request.

(6) Each party shall ensure that his or her address and telephone number on file is correct and shall immediately notify the department and/or hearing officer of any change of address or telephone number that occurs during the course of the proceeding.

(7) The administrative hearing may be reassigned to a different hearing officer without notice to the parties.

[Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 15-15-070, § 308-103-050, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-103-050, filed 7/14/06, effective 8/14/06. Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-103-050, filed 5/3/02, effective 6/3/02.]

RCW 46.01.110 and 46.20.308. WSR 15-15-070, § 308-103-050, filed 7/13/15, effective 8/13/15. Statutory Authority: RCW 46.01.110, 46.20.308, 46.25.120. WSR 06-15-081, § 308-103-050, filed 7/14/06, effective 8/14/06. Statutory Authority: RCW 46.01.110 and 46.20.308. WSR 02-11-011, § 308-103-050, filed 5/3/02, effective 6/3/02.