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WAC 388-02-0035

How are days counted when calculating deadlines for the hearing process?

(1) When counting days to find out when a hearing deadline ends under DSHS rules or statutes:
(a) Do not include the day of the action, notice, or order. For example, if a hearing decision is mailed on Tuesday and you have twenty-one days to request a review, start counting the days with Wednesday.
(b) If the last day of the period ends on a Saturday, Sunday or legal holiday, the deadline is the next business day.
(c) For periods of seven days or less, count only business days. For example, if you have seven days to respond to a review request that was mailed to you on Friday, May 10, the response period ends on Tuesday, May 21.
(d) For periods over seven days, count every day, including Saturdays, Sundays, and legal holidays.
(2) The deadline ends at 5:00 p.m. on the last day.
(3) If you miss a deadline, you may lose your right to a hearing or appeal of a decision.
[Statutory Authority: RCW 34.05.020. WSR 00-18-059, ยง 388-02-0035, filed 9/1/00, effective 10/2/00.]
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