Section 388-02-0360 - May a party convert how a hearing is held?(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;Wash. Admin. Code § 388-02-0360
Statutory Authority: RCW 34.05.020, 34.05.220. 11-04-074, § 388-02-0360, filed 1/31/11, effective 3/3/11. Statutory Authority: RCW 34.05.020. 00-18-059, § 388-02-0360, filed 9/1/00, effective 10/2/00.