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PDFWAC 182-400-0400

Notice of sanction appeal process.

(1) The process described in this section applies only if a party receives a written sanction notice from the authority for noncompliance with this chapter.
(2) The authority must receive a party's appeal within 28 calendar days of the date the party received the notice of sanction.
(a) To file an appeal, a party must send a written request for an administrative hearing to the address listed on the notice of sanction in a manner that provides proof of receipt.
(b) The request for the administrative hearing must provide a copy of the notice of sanction in dispute.
(3) The authority conducts hearings and appeals under the Washington state Administrative Procedure Act (chapter 34.05 RCW) and the administrative hearing rules for medical services programs (chapter 182-526 WAC).
(4) Under WAC 182-526-0025(2), the authority, in its sole discretion, may conduct the administrative hearing or may transfer the hearing to the office of administrative hearings (OAH).
(a) If the authority conducts the administrative hearing, it issues the final agency decision.
(b) If OAH conducts the administrative hearing, it issues an initial order with instructions on how to file an appeal with the authority's board of appeals.
(5) Repayment of sanctions is stayed only if a party timely files an appeal under this section.
(6) If the final order upholds the notice of sanction, the authority immediately begins collection activities.
(7) The authority may impose a one percent interest charge for each month sanctions are unpaid.
[Statutory Authority: RCW 41.05.021, 41.05.160 and 2021 c 246. WSR 22-10-023, ยง 182-400-0400, filed 4/25/22, effective 6/1/22.]
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