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PDFWAC 170-03-0040

The right to a hearing.

(1) A person or entity has a right to a hearing only if a law or DEL rule expressly gives that right and a hearing is timely requested.
(2) A party has only a limited time to request a hearing. The deadline for the request is set by statute or DEL rule. In most cases, DEL will send a notice of adverse action that gives specific information about how, where and when to request a hearing.
(3) A challenge to a DEL adverse action is heard in an administrative hearing by an administrative law judge (ALJ) employed by the office of administrative hearings (OAH). Not all actions of DEL may be challenged through the hearing.
(4) If a party requests a hearing, one will be scheduled.
(5) If DEL or the ALJ questions a party's right to a hearing, the ALJ decides whether the party has that right. The ALJ will decide either:
(a) There is no right to a hearing and dismiss the case; or
(b) There is a right to a hearing and proceed with the hearing.
[Statutory Authority: Chapter 43.215 RCW, RCW 34.05.220, chapter 34.05 RCW, 2006 c 265. WSR 08-06-102, ยง 170-03-0040, filed 3/5/08, effective 4/5/08.]
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