Current through Register Vol. 24-18, September 15, 2024
(1) If an order of
default was entered under WAC
182-526-0284, or an order of
dismissal was entered under WAC
182-526-0285, the appellant may
file a petition (request) to vacate (set aside) the order.
(a) The petition to vacate must be filed with
the office of administrative hearings (OAH) or the board of appeals (BOA) for
nursing home rates cases.
(b) BOA
forwards any petition to vacate to OAH except for nursing home rates
cases.
(c) The appellant must
specify in the petition to vacate the reason why the order should be
vacated.
(2) The
petition to vacate must be filed within twenty-one calendar days of service
(mailing) of the order to the parties. If the petition to vacate is not filed
by the deadline, the order of default or order of dismissal becomes a final
order by operation of law.
(3) If
OAH receives a petition to vacate, or if the BOA receives a petition to vacate
in a nursing home rates case, OAH or BOA schedules a prehearing conference and
serves all parties with a notice of a prehearing conference under WAC
182-526-0250.
(4) If the appellant fails to appear at the
scheduled pre-hearing conference to address the petition to vacate:
(a) The order of default or order of
dismissal becomes a final order by operation of law;
(b) OAH, or BOA in a nursing home rates case,
will issue an order disposing of the appellant's hearing request, stating that
the order of default or order of dismissal became a final order by operation of
law under RCW 34.05.440(2) and
(3) because the appellant failed to appear at
the prehearing conference to address the petition to vacate, and including
information about judicial review under WAC
182-526-0640;
(c) The appellant may seek judicial review of
the final order of default or final order of dismissal to the superior court
under WAC
182-526-0640.
(5) If the appellant appears for
the scheduled pre-hearing conference:
(a) The
ALJ or review judge will receive evidence and argument from the parties
regarding whether:
(i) The petition to vacate
was timely filed; and
(ii) The
appellant has established good cause to excuse any default or dismissal and to
reinstate the matter for hearing.
(b) If the petition to vacate was not filed
timely, the ALJ or the review judge will issue an order disposing of the
appellant's hearing request, stating that the order of default or order of
dismissal became a final order by operation of law under
RCW
34.05.440(1) because the
appellant failed to timely file the petition to vacate, and including
information about judicial review under WAC
182-526-0640. The appellant may
seek judicial review of the final order of default or final order of dismissal
to the superior court under WAC
182-526-0640.
(c) If the petition to vacate was timely
filed, but the appellant does not establish good cause to excuse any default or
dismissal, the ALJ must issue an initial order, including information about how
to petition for review to the BOA, or the review judge must issue a final order
dismissing the appeal.
(d) If the
petition to vacate was timely filed and the appellant establishes good cause to
excuse any default or dismissal, the ALJ or review judge vacates the order of
default or order of dismissal and the matter may proceed to hearing on the
issues identified in the original request for hearing. The hearing may occur:
(i) Immediately following the prehearing
conference if the parties agree; or
(ii) At a hearing date scheduled by OAH or
BOA under WAC
182-526-0250 if the ALJ or review
judge continues the hearing to a later date.
Statutory Authority:
2011 1st sp.s. c
15§ 53, chapters 74.09, 34.05 RCW, and 10-08
WAC. 13-02-007, §182-526-0290, filed 12/19/12, effective
2/1/13.
