Washington Administrative Code
Title 182 - Health Care Authority
WASHINGTON APPLE HEALTH
Chapter 182-526 - Administrative hearing rules for medical services programs
Section 182-526-0360 - Changing how a hearing is held or how a witness appears at a hearing
Current through Register Vol. 24-18, September 15, 2024
(1) For cases in which the party who requested a hearing is an applicant or recipient of a medical services program established under chapter 74.09 RCW, the hearing must be held according to RCW 74.09.741(5)(c).
(2) An applicant or recipient may agree to have one or more prehearing conferences conducted telephonically without waiving the right to have any subsequent prehearing conference or other hearings held in person.
(3) Any party to the hearing has the right to request that:
(4) A party must show a compelling reason to change the way a witness appears ( in person or by telephone). Some examples of compelling reasons are:
(5) A compelling reason to change the way a witness appears at a hearing can be overcome by a more compelling reason not to change how a witness appears for a hearing.
(6) If a party wants to change how a hearing is held or change how their witnesses or other parties appear, the party must contact the office of administrative hearings (OAH) to request the change.
(7) The ALJ may schedule a prehearing conference to determine if the request should be granted.
(8) If the ALJ grants the request, the ALJ may orally advise the parties of the change in how the witness or party appears.
(9) If the ALJ denies the request, the ALJ must issue a written order that includes findings of fact supporting why the request was denied.
Statutory Authority: 2011 1st sp.s. c 15§ 53, chapters 74.09, 34.05 RCW, and 10-08 WAC. 13-02-007, §182-526-0360, filed 12/19/12, effective 2/1/13.