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WAC 388-02-0305

How does an ALJ vacate an order of dismissal?

(1) If your request was received more than twenty-one days, but less than one year after the dismissal order was mailed, the ALJ first must decide if you have good cause according to WAC 388-02-0020.
(2) If your request was timely or you show good cause for missing the deadline, the ALJ will receive evidence and argument at a hearing from the parties on whether the order of dismissal should be vacated.
(3) The ALJ vacates an order of dismissal and reinstates the hearing if you show good cause or if the DSHS representative agrees to waive the deadline. You will then be allowed to present your case about your original request for hearing, either at the same time or at a later date if a continuance is granted.
[Statutory Authority: RCW 34.05.020. WSR 00-18-059, ยง 388-02-0305, filed 9/1/00, effective 10/2/00.]
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