Current through Register Vol. 24-18, September 15, 2024
(1)
Consumers: Consumers who
disagree with DCYF's decisions affecting their WCCC benefits have
administrative hearing rights under chapter 110-03 WAC.
(a) Consumers' requests for hearing:
(i) May be made by contacting DCYF in-person,
by telephone, or by serving DCYF with written requests that are also filed with
the office of administrative hearings (OAH) as described in WAC
110-03-0060 and
110-03-0080.
(ii) Must include the information and
documents described in WAC
110-03-0050(2),
if requests are made in writing.
(iii) Must be made within 90 calendar days of
the date the consumers received the decisions being appealed, unless good cause
for a late request can be established under chapter 110-03
WAC.
(b) After completing
the administrative hearings, OAH issues initial orders pursuant to WAC
110-03-0460 and
110-03-0480. Consumers who
disagree with initial orders may request reviews as provided in WAC
110-03-0510 through
110-03-0550.
(c) When consumers request reviews of the
initial orders, review judges issue final orders after considering the requests
for review, initial orders, and hearing records. Consumers who disagree with
final orders may request reconsiderations as provided in WAC
110-03-0570 through
110-03-0580 or seek judicial
reviews as described in WAC
110-03-0590.
(2)
Providers: Child care
providers who disagree with WCCC overpayment decisions may request
administrative hearings pursuant to
RCW
43.20B.675.
(a) To request administrative hearings, child
care providers must:
(i) Make their hearing
requests in writing and include the information and documents described in
RCW
43.20B.675(3) including, but
not limited to, copies of the overpayment notices and statements explaining why
they believe the overpayment notices are incorrect; and
(ii) Serve the hearing requests on the
Department of Social and Health Services, Office of Financial Recovery, P.O.
Box 9501, Olympia, WA 98507-9501, using certified mail return receipt requested
or other manner that provides proof of receipt within 28 calendar days of the
date they received the overpayment notices being appealed.
(b) After completing the administrative
hearings, OAH will issue final orders. Child care providers who disagree with
final orders may request reconsideration. Providers may also seek judicial
review of final orders.
Statutory Authority:
RCW
43.215.060,
43.215.070 and 2017 3rd sp.s. c 1
§ 615. WSR 17-23-033, §
170-290-0280, filed 11/7/17,
effective 12/8/17. Statutory Authority:
RCW
43.215.060,
43.215.070, and chapter 43.215
RCW. WSR 16-09-059, §
170-290-0280, filed 4/15/16,
effective 5/16/16. Statutory 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.
