Washington Administrative Code
Title 246 - Health, Department of
AGENCY DESCRIPTION
Chapter 246-10 - Administrative procedure - Adjudicative proceedings
Section SECTION II - INITIATING ACTIONS
Section 246-10-202 - Amendment of initiating documents
Universal Citation: WA Admin Code 246-10-202
Current through Register Vol. 24-18, September 15, 2024
(1) Prior to the hearing date, initiating documents may be amended:
(a) Subject to the
following conditions:
(i) Amended initiating
documents must meet the requirements of WAC
246-10-201(1).
(ii) Amended initiating documents must be
accompanied by the documents described in WAC
246-10-201(2).
(b) Whenever amended initiating
documents are served, a new interval of response will begin, as described in
WAC
246-10-203.
Whenever amended initiating documents are served, the respondent shall file an
answer within the time period specified in the amended initiating document,
unless otherwise permitted to extend the filing period under WAC
246-10-203(3),
or if the case is within thirty days of the scheduled hearing as described in
(c) of this subsection.
(c) If
amended initiating documents are filed within thirty days of the scheduled
hearing, the presiding officer will convene a status conference to discuss
response deadlines and the case schedule. Upon motion of a party and a showing
of good cause, or upon his or her own initiative, the presiding officer may
grant a continuance on all or part of the matter and may modify the scheduling
order as necessary.
(2) On the hearing date, the initiating documents may be amended subject to the following conditions:
(a) The documents may
be amended upon motion of the state.
(b) The presiding officer will determine
whether amendments are substantive and may grant a continuance on all if
necessary to afford the respondent an opportunity to prepare a defense to the
amended documents.
(3) For purposes of this section, motions may be made orally.
Statutory Authority: RCW 43.70.040. 94-04-079, § 246-10-202, filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-202, filed 6/3/93, effective 7/4/93.
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