Chapter 388-02. DSHS hearing rules.  


Section 388-02-0005. What is the purpose and scope of this chapter?
Section 388-02-0010. What definitions apply to this chapter?
Section 388-02-0015. How do the terms in the Administrative Procedure Act (APA) compare to this chapter?
Section 388-02-0020. What does good cause mean?
Section 388-02-0025. Where is the office of administrative hearings located?
Section 388-02-0030. How do I contact the board of appeals?
Section 388-02-0035. How are days counted when calculating deadlines for the hearing process?
Section 388-02-0037. When must the OAH reschedule a proceeding based on the amount of notice required?
Section 388-02-0038. When may the OAH shorten the amount of notice required to the parties of a proceeding?
Section 388-02-0040. How do parties send documents?
Section 388-02-0045. What is service?
Section 388-02-0050. How does a party serve someone?
Section 388-02-0055. When must a party serve someone?
Section 388-02-0060. When is service complete?
Section 388-02-0065. How does a party prove service?
Section 388-02-0070. What is filing?
Section 388-02-0075. How does a party file documents?
Section 388-02-0080. What are your options for resolving a dispute with DSHS?
Section 388-02-0085. Do you have a right to a hearing?
Section 388-02-0090. Who may request a hearing?
Section 388-02-0095. What if you have questions about requesting a hearing?
Section 388-02-0100. How do you request a hearing?
Section 388-02-0105. What information do you give when requesting a hearing?
Section 388-02-0110. What happens after you request a hearing?
Section 388-02-0115. May you withdraw your hearing request?
Section 388-02-0120. Do you have the right to an interpreter in the hearing process?
Section 388-02-0125. What definitions apply to limited English proficient (LEP) parties?
Section 388-02-0130. What requirements apply to notices for limited English speaking parties?
Section 388-02-0135. What requirements apply to interpreters?
Section 388-02-0140. May you waive interpreter services?
Section 388-02-0145. What requirements apply to the use of interpreters?
Section 388-02-0150. What requirements apply to hearing decisions involving limited English speaking parties?
Section 388-02-0155. Who represents you during the hearing process?
Section 388-02-0157. How does a party appear?
Section 388-02-0160. If a DSHS employee cannot represent you, can they assist you during the hearing process?
Section 388-02-0165. What if you would like to be represented by an attorney but you cannot afford one?
Section 388-02-0170. Who represents DSHS during the hearing?
Section 388-02-0175. What is a prehearing meeting?
Section 388-02-0180. What happens during a prehearing meeting?
Section 388-02-0185. What happens after a prehearing meeting?
Section 388-02-0190. What happens if you do not participate in a prehearing meeting?
Section 388-02-0195. What is a prehearing conference?
Section 388-02-0197. When is a prehearing conference scheduled?
Section 388-02-0200. What happens during a prehearing conference?
Section 388-02-0205. What happens after a prehearing conference?
Section 388-02-0210. What happens if a party does not attend a prehearing conference?
Section 388-02-0215. What is the authority of the ALJ?
Section 388-02-0216. Is the authority of the administrative law judge and the review judge limited?
Section 388-02-0217. When do ALJs conduct the hearing and enter the hearing decision as an initial order or a final order?
Section 388-02-0218. When do review judges conduct the hearing and enter final orders?
Section 388-02-0220. What rules and laws must an ALJ and review judge apply when conducting a hearing or making a decision?
Section 388-02-0221. How is the index of significant decisions used?
Section 388-02-0225. May an ALJ or review judge decide that a DSHS rule is invalid?
Section 388-02-0230. When is the ALJ assigned to the hearing?
Section 388-02-0235. May a party request a different judge?
Section 388-02-0240. How does a party file a motion of prejudice?
Section 388-02-0245. May an ALJ or review judge be disqualified?
Section 388-02-0250. What happens after you request a hearing, and when must the OAH provide notice of the hearing and prehearing conference?
Section 388-02-0255. What information must OAH include in the notice of hearing?
Section 388-02-0260. May the department amend a notice?
Section 388-02-0265. May you amend your hearing request?
Section 388-02-0270. Must you tell DSHS and OAH when your mailing address changes?
Section 388-02-0275. What is a continuance?
Section 388-02-0280. Who may request a continuance?
Section 388-02-0285. What is an order of dismissal?
Section 388-02-0290. If your hearing is dismissed, may you request another hearing?
Section 388-02-0295. Where do you send a request to vacate an order of dismissal?
Section 388-02-0300. What is the deadline for vacating an order of dismissal?
Section 388-02-0305. How does an ALJ vacate an order of dismissal?
Section 388-02-0310. May a party request a stay of DSHS action?
Section 388-02-0315. May a party require witnesses to testify or provide documents?
Section 388-02-0320. Who may prepare a subpoena?
Section 388-02-0325. How is a subpoena served?
Section 388-02-0330. May the ALJ quash a subpoena?
Section 388-02-0335. Do you have to pay for a subpoena?
Section 388-02-0340. How is your hearing held?
Section 388-02-0345. Is an ALJ present at your hearing?
Section 388-02-0350. Is your hearing recorded?
Section 388-02-0355. Who may attend your hearing?
Section 388-02-0360. May a party convert how a hearing is held?
Section 388-02-0365. How does a party convert how a hearing is held or how the witnesses or parties appear?
Section 388-02-0370. How are documents submitted for a telephone conference?
Section 388-02-0375. What happens at your hearing?
Section 388-02-0380. What is a group hearing?
Section 388-02-0385. May a party withdraw from a group hearing?
Section 388-02-0387. How may you request that a hearing be consolidated or severed when multiple agencies are parties to the proceeding?
Section 388-02-0390. What is evidence?
Section 388-02-0395. When may the parties bring in evidence?
Section 388-02-0400. What evidence may the parties present during the hearing?
Section 388-02-0405. What is a stipulation?
Section 388-02-0410. After the parties agree to a stipulation, may they change or reject it?
Section 388-02-0415. What are proposed exhibits?
Section 388-02-0420. Do the parties mark and number their proposed exhibits?
Section 388-02-0425. Who decides whether to admit proposed exhibits into the record?
Section 388-02-0430. What may a party do if they disagree with an exhibit?
Section 388-02-0435. When should an ALJ receive proposed exhibits for a telephone hearing?
Section 388-02-0440. What is judicial notice?
Section 388-02-0445. How does the ALJ respond to requests to take judicial notice?
Section 388-02-0450. What is a witness?
Section 388-02-0455. Who may be a witness?
Section 388-02-0460. How do witnesses testify?
Section 388-02-0465. May the parties cross-examine a witness?
Section 388-02-0470. May witnesses refuse to answer questions?
Section 388-02-0475. What evidence does an ALJ consider?
Section 388-02-0480. What does burden of proof mean?
Section 388-02-0485. What is the standard of proof?
Section 388-02-0490. How is a position proven at hearing?
Section 388-02-0495. What is equitable estoppel?
Section 388-02-0500. What may an ALJ do before the record is closed?
Section 388-02-0505. When is the record closed?
Section 388-02-0510. What happens when the record is closed?
Section 388-02-0512. What is included in the hearing record?
Section 388-02-0515. What happens after the record is closed?
Section 388-02-0520. What information must the ALJ include in the decision?
Section 388-02-0525. When do initial orders become final?
Section 388-02-0530. What if a party disagrees with the ALJ's decision?
Section 388-02-0540. How are clerical errors in ALJ decisions corrected?
Section 388-02-0545. How does a party ask for a corrected ALJ decision?
Section 388-02-0550. How much time do the parties have to ask for a corrected ALJ decision?
Section 388-02-0555. What happens when a party requests a corrected ALJ decision?
Section 388-02-0560. What is review of an initial order by a review judge?
Section 388-02-0565. What evidence does the review judge consider in reviewing an initial order?
Section 388-02-0570. Who may request review of an initial order?
Section 388-02-0575. What must a party include in the review request?
Section 388-02-0580. What is the deadline for requesting review by a review judge?
Section 388-02-0585. Where does a party send the request for review by a review judge?
Section 388-02-0590. How does the party that is not requesting review respond to the review request?
Section 388-02-0595. What happens after the response deadline?
Section 388-02-0600. What is the authority of the review judge?
Section 388-02-0605. What if a party does not agree with a final order entered by OAH or BOA?
Section 388-02-0610. What is reconsideration?
Section 388-02-0615. What must a party include in the reconsideration request?
Section 388-02-0620. What is the deadline for requesting reconsideration?
Section 388-02-0625. Where does a party send a reconsideration request?
Section 388-02-0630. How does a party respond to a reconsideration request?
Section 388-02-0635. What happens after a party requests reconsideration?
Section 388-02-0640. What is judicial review?
Section 388-02-0645. When must you ask for judicial review?
Section 388-02-0650. How do you serve your petition for judicial review?