Washington Administrative Code Title 10 - Administrative Hearings, Office of
The Washington Administrative Code (WAC), Title 10, is dedicated to the Office of Administrative Hearings (OAH). This title establishes the fundamental rules and procedures that govern how administrative hearings are conducted in Washington State. The OAH serves as an independent, neutral body that provides administrative law judges (ALJs) to hear and decide disputes between individuals, businesses, and various state agencies.
The existence of an independent OAH, and its codified rules in WAC Title 10, is designed to ensure fairness, impartiality, and efficiency in the administrative hearing process, as mandated by the Washington State Administrative Procedure Act (RCW 34.05).
Here's a breakdown of the key chapters and what they typically cover within WAC Title 10:
Chapter 10-04: Agency organization—Public records.
This chapter outlines the basic structure and description of the Office of Administrative Hearings.
It includes rules for how the public can access records maintained by the OAH, in accordance with public records laws.
It details how to communicate with the OAH.
Chapter 10-08: Model rules of procedure.
This is arguably the most crucial chapter, as it contains the model rules of procedure that many state agencies in Washington are required or encouraged to adopt for their administrative hearings.
Key topics covered include:
Purpose: A declaration of purpose for the model rules, emphasizing fairness, uniformity, and efficiency.
Adjudicative Proceedings: Rules for initiating and conducting adjudicative proceedings, including notice requirements (e.g., to limited-English-speaking parties).
Assignment of ALJs: How administrative law judges are assigned to cases and procedures for motions of prejudice.
Computation of Time: Rules for calculating deadlines.
Filing and Service: Procedures for filing and serving documents.
Discovery: Rules for discovery, including subpoenas for witnesses and documents.
Prehearing Conferences: Rules governing prehearing conferences to narrow issues and facilitate settlement.
Evidence: Admissibility of evidence, including rules on official notice and expert testimony.
Interpreters: Provisions for the use of interpreters in hearings.
Hearings: Rules for the conduct of hearings, including teleconference hearings, testimony under oath, and recording of proceedings.
Orders: Issuance of initial and final orders by ALJs.
Review and Reconsideration: Procedures for petitioning for review of an initial order and for seeking reconsideration.
Informal Settlements: Encouraging and regulating informal settlements.
Declaratory Orders: Procedures for agencies or individuals to seek declaratory orders from the OAH.
Chapter 10-12: Compliance with State Environmental Policy Act (SEPA).
This chapter outlines how the OAH complies with the requirements of the State Environmental Policy Act (SEPA), ensuring environmental considerations are integrated into its decision-making processes where applicable.
Chapter 10-16: Complaint procedures.
This chapter provides the procedures for filing complaints related to the operations or conduct within the Office of Administrative Hearings itself.
Chapter 10-20: Firearms and weapons in administrative hearings.
This chapter addresses the rules regarding the presence and handling of firearms and other weapons within OAH facilities and during administrative hearings.
Chapter 10-24: Access to OAH facilities and services.
This chapter details how individuals can access OAH facilities and services, including provisions for accessibility for persons with disabilities and language assistance for non-English speakers.
Role and Importance of the OAH and WAC Title 10:
The Office of Administrative Hearings and WAC Title 10 are crucial components of Washington's administrative law system. They serve several vital functions:
Impartiality: By providing independent ALJs who are not employed by the agencies whose decisions they are reviewing, the OAH ensures a neutral forum for dispute resolution.
Fairness and Due Process: The detailed procedural rules in Title 10 ensure that all parties have an opportunity to be heard, present evidence, and cross-examine witnesses, thereby upholding due process rights.
Consistency and Uniformity: The model rules promote consistency in hearing procedures across various state agencies, making the administrative law process more predictable and understandable for the public.
Efficiency: The OAH aims to resolve disputes promptly, often through less formal means than court proceedings, thereby reducing costs and delays.
Accessibility: Rules regarding teleconference hearings, interpreters, and accessibility to facilities make the hearing process more accessible to a wider range of people.
WAC Title 10 is frequently referenced by individuals, attorneys, and state agencies involved in administrative appeals concerning a wide range of issues, including unemployment benefits, public assistance (e.g., from DSHS or HCA), professional licensing decisions, and many others.
For the most accurate and up-to-date version of these rules, you should always refer to the official source:
Legal research platforms like Justia and Cornell Law School's Legal Information Institute (LII) also provide access to the WAC, but checking the official state sites ensures you have the absolute latest versions.
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