Section 110-03-0260 - Failure to timely request a hearing, orders of dismissal, and orders of default(1) A party's failure to request a hearing to challenge a DCYF action within the time limit required by statute or rule results in the action becoming final and the loss of any right to a hearing. A final order resulting from a party's failure to timely request a hearing may not be vacated. Except for public assistance cases, there is no good cause exception to the requirement to timely request a hearing. For public assistance cases, if an applicant or recipient does not file a request for a hearing within 90 calendar days after receiving notice of an aggrieving decision, the request may still be filed within one year of the aggrieving decision upon a showing of good cause.(2) An order of dismissal served on the parties and their representatives by an ALJ to end an adjudicative proceeding may be based on withdrawal of the hearing request by the appealing party, the appealing party's failure to appear or refusal to meaningfully participate in the proceedings, a request for dismissal based on a written agreement between the parties, or a request for dismissal made by DCYF. (a) If a hearing is dismissed because the appealing party withdrew the request, did not appear, or refused to meaningfully participate, the DCYF action becomes the final agency action.(b) If the hearing is dismissed pursuant to a written agreement between the parties, the parties must comply with the agreement.(3)(a) If an appealing party fails to attend or refuses to meaningfully participate in a scheduled prehearing conference or hearing, an order of default may be entered.(b) The order of default will include notice that the party against whom the default order was entered may file a written motion requesting that the order be vacated and the hearing reinstated.(c) An order of default becomes a final order dismissing the appealing party's request for a hearing if the appealing party does not file a motion to vacate the default order within 21 calendar days of the date the order was served on the parties as provided under WAC 110-03-0270.(d) After an order of default becomes a final order, the DCYF action will remain in effect and will be the final agency action.Wash. Admin. Code § 110-03-0260
Adopted by WSR 20-02-031, Filed 12/19/2019, effective 1/19/2020Amended by WSR 23-12-037, Filed 5/30/2023, effective 5/30/2023