Section 170-290-0280 - Right to request an administrative hearing(1) WCCC consumers have a right to request a hearing under chapter 388-02 WAC on any action affecting WCCC benefits.(2) Child care providers may request hearings under chapter 388-02 WAC only for WCCC overpayments. A provider's burden of proof is a preponderance of the evidence.(3) To request a hearing, a consumer or provider:(a) Contacts the DSHS office which sent them the notice; or(b) Writes to the office of administrative hearings, P.O. Box 42489, Olympia, WA 98504-2489; and(c) Makes the request for a hearing within:(i) Ninety days of the date a decision is received for consumers; or(ii) Twenty-eight days of the date a decision is received for providers.(4) The office of administrative hearings administrative law judge enters initial or final orders as provided in WAC 388-02-0217. Initial orders may be appealed to a DSHS review judge under chapter 388-02 WAC.(5) To request a hearing under the seasonal child care program, see WAC 170-290-3860 and 170-290-3865.Wash. Admin. Code § 170-290-0280
Amended by WSR 16-09-059, Filed 4/15/2016, effective 5/16/2016Amended by WSR 17-23-033, Filed 11/7/2017, effective 12/8/2017Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0280, filed 10/28/09, effective 12/1/09.