Determine precisely what it is that you are appealing. Read the entire adverse notice DSHS sent you. Read the cited rules.* Read the DSHS policy manual related to the Washington Administrative Code (WAC) (now embodied in the A - Z Manual, the WorkFirst Implementation Manual, the Working Connections Child Care Manual, and others) and any other policy or interpretive statements to understand DSHS's interpretation of the rules.

Call the Fair Hearing Coordinator (FHC) if you have any questions about the meaning of the notice and to get copies of the WACs or written policy statements

*Note: DSHS substantially revised the form of its rules. The primary revision took effect September 1, 1998. The revision process continues. Therefore, sometimes the rules cited in DSHS notices are not current.

(a) File Review

Review your file(s). You have a right to this review. You also have the right to free copies of relevant documents in the file(s). Generally a file review can be accomplished by asking the FHC and arranging a time to meet. You may, however, need to make a formal public disclosure request. If this is the case, the FHC will give you a form to fill out.

You may have more than one file (economic, social services, etc.). Be sure to ask to see all files including those only in hard copy or only on the computer as well as any unfiled documents.

(b) Interviews

DSHS witnesses

Ask the FHC to help you schedule interviews with all DSHS witnesses including him or herself. The FHC is the primary and usually the only DSHS witness but there may be others. Make notes. Follow up settlement possibilities. Prepare to use your notes during cross examination.

DSHS decision makers

Request interviews with DSHS employees involved in the decision you are appealing even if DSHS is not planning to have them testify. This is especially important in cases involving incapacity determinations (for GAU cases), WorkFirst decisions, FRED (Fraud Early Detection) investigations, DDDS (Division of Disability Determinations Services), also known as "ODI" determinations, and decisions about medical assistance. FHCs rely heavily on information provided to them by other DSHS workers or contractors and, while the FHCs are usually experts on financial issues, they are usually not prepared to fully explain the basis for decisions made in other areas.

Your witnesses

Be sure their testimony is relevant, credible, and from direct personal knowledge or is otherwise reliable. Tell the FHC who your witnesses will be as soon as possible.

Consider requesting telephonic testimony for persons reluctant to take the time to testify or who could be expensive to pay to testify in person. The ALJ will likely grant your request and make accommodations for such witnesses to insure the inclusion of all relevant evidence and to avoid unnecessary expense or inconvenience to witnesses.

Subpoenas may be issued to reluctant witnesses or those who need them to justify their appearance to their employer. But, the ALJ has no enforcement power. Subpoenas must be enforced through a superior court proceeding. As an alternative to pursuing enforcement proceedings, be prepared to argue about inferences to be made from the subpoenaed persons' absence.

If you cannot get the information you need by voluntary compliance, call OAH and ask that a phone prehearing conference be set up with the ALJ.

Settlements are strongly encouraged. If you disagree with DSHS's statement of facts, determine what evidence you have to contradict DSHS's factual basis for its position; if you disagree with DSHS's interpretation of a rule, articulate your preferred interpretation. Call the FHC and discuss your position and its basis. He or she is in a position to correct DSHS's action if there is a basis to do so.

You should know what evidence must be presented to prove each element of your case. Make a list to help you gather your evidence and to keep you on track at the hearing. Consider making a notebook to contain your exhibits, witness questions (direct and cross),and any other information you'll need at hand for the hearing.

Prepare yourself to not react inappropriately to DSHS testimony. Be polite while testifying and while listening to others speak and avoid interrupting. Bring paper and a pen to make notes during others' testimony so you won't forget anything you would like to respond to. Prepare to testify as described below for other witnesses.

Be sure you know what testimony you can expect from each witness and that each witness knows what you will be asking. Make a list of short simple questions written out in logical order that will elicit specific facts that lead to proving the ultimate fact. Do not use single conclusory questions. Put the anticipated answer next to each question. If you are not getting the information you expect and need, you will be alerted to follow up with clarifying questions or to look elsewhere for necessary proof.

Instruct each witness to tell the truth, stick to the point, ask for a clarification if they do not understand, look at the ALJ when they are testifying and generally be polite. Be sure each witness knows what the hearing will look like and has any other information they need to put them at ease.

Determine whether you need to make any prehearing motions and whether they would be best made on the day of hearing or in advance of the hearing date. Prehearing motions may be scheduled by phoning OAH. They are usually heard by phone. Keep in mind that time may be short on the day of hearing.

Determine how much time you need for the hearing. Hearings are generally set every half hour. If you think you will need more than 30 minutes, phone OAH and ask for a special longer hearing slot.

Determine if you or any of your witnesses need an interpreter or other accommodations. Phone OAH as soon as possible so arrangements can be made.

Request DSHS's exhibits in advance of the hearing date. Submit your exhibits in advance. Be sure all of your exhibits are legible. If they are not, get better copies or transcribe them--especially in the case of handwritten records such as doctors' notes. If exhibits are required by the ALJ to be submitted in advance of the hearing and they are not, they may be excluded.

Read the Notice of Hearing to find out where and how the hearing will be held. If you have any questions about either, call OAH. If you wish to convert from an in-person hearing to a phone hearing or vice versa, or if you need to have the hearing at a different location, call OAH. For some types of hearings you may convert to in-person as a matter of right. If you are going to appear by phone, you will need to submit your exhibits and provide a phone number well in advance of the hearing.

Determine whether you and the Fair Hearing Coordinator are ready to proceed to hearing. If either one of you is not ready, consider requesting a continuance (postponement) in advance of the hearing date.

Read the applicable procedural and substantive rules and law.

The procedural rules which apply to public assistance hearings are:

• WAC 388-02 (rules specific to DSHS hearings)
• RCW 74.08.080 (statute specific to DSHS hearings)
• WAC 388-01 (public disclosure rules)
• WAC 10-08 (model [default] rules)
• RCW 34.12 (statute governing hearings held by the Office of Administrative Hearings)
• RCW 34.05 (the Administrative Procedures Act, applicable to most administrative hearings)
• the substantive rules applicable to your issues may also contain procedural rules

The substantive rules which apply to your hearing can be found by

• looking at the adverse notice which you are appealing
• researching the issues for additional applicable rules, statutes, and case law.

Know what the hearing itself will look like. See A Public Assistance Hearing.