Section 388-02-0085 - Do you have a right to a hearing?(1) You have a right to a hearing only if a law or DSHS rule gives you that right. If you are not sure, you should request a hearing to protect your right.(2) Some DSHS programs may require you to go through an informal administrative process before you can request or have a hearing. The notice of DSHS action sent to you should include information about this requirement if it applies.(3) You have a limited time to request a hearing. The deadline for your request varies by the DSHS program involved. You should submit your request right away to protect your right to a hearing, even if you are also trying to resolve your dispute informally. For public assistance cases, if an applicant or recipient does not file a request for a hearing within 90 calendar days after receiving notice of an aggrieving decision, the request may still be filed within one year of the aggrieving decision upon a showing of good cause. For purposes of public assistance cases, as defined in RCW 74.08.080, good cause for not requesting a hearing before the deadline may include, but is not limited to: military deployment, medical reasons, housing instability, language barriers, or domestic violence.(4) If you request a hearing, one is scheduled.(5) If DSHS or the ALJ questions your right to a hearing, the ALJ decides whether you have that right.(6) If the ALJ decides you do not have a right to a hearing, your request is dismissed.(7) If the ALJ decides you do have a right to a hearing, the hearing proceeds.Wash. Admin. Code § 388-02-0085
Amended by WSR 24-06-040, Filed 2/29/2024, effective 4/1/2024Statutory Authority: RCW 34.05.020. 00-18-059, § 388-02-0085, filed 9/1/00, effective 10/2/00.