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Washington Administrative Code (Last Updated: November 23, 2016) |
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Title 388. Social and Health Services, Department of |
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Chapter 388-02. DSHS hearing rules. |
Section 388-02-0360. May a party convert how a hearing is held?
Latest version.
- (1) The parties have the right to request that:(a) A hearing format be converted (changed) to an in-person hearing or a telephone conference; or(b) A witness appear in person or by telephone conference. The OAH must advise you of the right to request a change in how a witness appears.(2) Except as provided in subsection (4) of this section, a party requesting a change in how a hearing is held must show a compelling reason. A party must also show a compelling reason to change the way a witness appears (in-person or by telephone conference). 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 ALJ to have the opportunity to see the testimony.(d) A party has a disability or communication barrier that affects their ability to present their case.(e) A party believes that the personal safety of someone involved in the hearing process is at risk.(3) A compelling reason to convert how a hearing is held can be overcome by a compelling reason not to convert how a hearing is held.(4) In public assistance cases, a party has the right to request that a hearing be changed without showing a compelling reason to the ALJ. Public assistance programs include:(a) Temporary assistance for needy families (TANF);(b) Working connections child care;(c) Disability lifeline;(d) Medical assistance;(e) Food assistance; and(f) Refugee assistance.