192-04-080  <<  192-04-090 >>   192-04-100

WAC 192-04-090

Untimely appeals—Petitions for hearing or petitions for review—Good cause.

(1) The following factors shall be considered in determining whether good cause exists under RCW 50.32.075 for the late filing of an appeal, petition for hearing or petition for review:
(a) The length of the delay,
(b) The excusability of the delay, and
(c) Whether acceptance of the late filed appeal, petition for hearing, or petition for review will result in prejudice to other interested parties, including the department.
(2) In determining the excusability for the late filing of an appeal, petition for hearing or petition for review, the office of administrative hearings or the commissioner's review office shall take into account any physical, mental, educational or linguistic limitations of the appealing or petitioning party, including any lack of facility with the English language.
[Statutory Authority: RCW 50.12.010, [50.12.]040 and RCW 34.05.310 et seq. WSR 95-18-055, § 192-04-090, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-090, filed 11/30/89, effective 1/1/90.]
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