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A PUBLIC ASSISTANCE HEARING
STEP BY STEP
(For Appellants and Representatives)
- Location
Read the Notice of Hearing to see if your hearing will be held "in-person" or by telephone. In-person hearings are generally held at the Community Service Office (CSO) where you get your benefits. They may be held elsewhere for your convenience.
The hearing rooms vary in size and comfort. All will have a conference table around which the parties and the Administrative Law Judge (ALJ) will sit. You may call ahead of time and ask to see the room or have it described. If you or any of your witnesses need special accommodations, tell the Office of Administrative Hearings (OAH) well in advance of the hearing day.
- Check in
In-person hearing participants must check in with the receptionist prior to hearing. If the hearing is to be held by phone, the ALJ will generally initiate the call to the participants at the scheduled time or as soon thereafter as possible. Prior to the hearing, you must provide a phone number at which you may be reached.
- Prehearing meeting
Some time will be allowed on the day of hearing for you to talk to the Fair Hearing Coordinator (FHC) for last minute exchange of information. (See "15 Steps to Prepare for a Public Assistance Hearing" regarding prehearing meetings prior to the day of the hearing.) The FHC will generally call you and anyone you brought with you from the waiting room and take you to a private place to chat.
- The hearing
This order may vary. The ALJ has broad authority to direct the order of the hearing.
- Getting to the hearing room
The FHC will escort you to the hearing room. The ALJ will tell you where to sit.
- Record
The official record of the hearing consists of admitted exhibits and other documents and a recording of the hearing. Most hearings will be recorded by the ALJ with an audio tape recorder. When the participants are seated, the ALJ will turn on the tape recorder.
- Introduction
The ALJ will identify the case by docket number and name, identify the persons present, and state the date and location of the hearing.
- Interpreters
If interpreters are being used, the ALJ will swear them in, inquire into their qualifications, give the parties an opportunity to ask any questions and make comments about their qualifications, make a finding about their qualifications, and (assuming they are qualified) swear them in to interpret. The Office of the Administrator for the Courts publishes a directory of foreign language interpreters which includes information about using interpreters in hearings.
- ALJ opening statement
The ALJ will explain your rights, the structure of the hearing process, the independent role of the ALJ, and identify the issue. If the ALJ does not clarify the issue at this point, request that he or she do so with your input. The ALJ will ask if anyone has questions about procedure.
- Oath
Testimony is required to be under oath or affirmation. The ALJ will typically swear in all the witnesses at the beginning of the hearing. Sometimes they will each be sworn as they are called to testify.
- Exhibits
The ALJ will number and identify the exhibits. Sometimes, the ALJ will ask the parties to identify and explain each exhibit as he or she marks them. The parties will then be asked if they object to the inclusion of any of the exhibits in the record. Note: it is a good practice to send in your exhibits before the day of hearing so that the ALJ has more time to review them.
- Department's case/direct examination
The state's case is often limited to a reading aloud by the FHC of his or her written report. They may refer to their exhibits. They may call additional witnesses. Listen carefully to their evidence and be prepared to alter your presentation if necessary.
- Cross examination
You will have an opportunity to ask questions of the FHC and any of their witnesses as each testifies. Use single point questions. Do not ask argumentative questions or questions which are really testimony or editorials. A witness who refuses to answer questions on cross-examination may have his or her direct testimony stricken from the record (not considered).
- Redirect examination
The FHC will then have an opportunity to give testimony in response to questions raised by the cross examination.
- Your case/direct examination
You will tell the ALJ why you disagree with DSHS's action in your case. Be specific. If you brought any witnesses, you will have them testify at this time too.
- Cross examination
The FHC will have a chance to ask questions of you and each of your witnesses in turn.
- Redirect examination
You will have an opportunity to testify again in response to any questions raised in cross-examination.
- ALJ questions
The ALJ has an obligation to develop the record and will probably ask questions of anyone who testifies. The ALJ may also ask for additional evidence by way of other witnesses or documents.
- Closing
The ALJ will ask if there is any other evidence the parties wish to submit before the record closes and may ask the parties if they would like to make closing statements.
- Submission of documents
If you wish to submit additional documentary evidence, ask the ALJ to provide time for a submission of documents. If the ALJ agrees to your request, he or she will send out an order indicating what it is you intend to submit and setting a date for its submission. You will need to send copies to the ALJ and to the other party. The other party will then have a set amount of time (also noted on the order) to respond.
- Post Hearing
- Reopening the record
If you discover evidence which is helpful to your case after the hearing but before the decision has been issued, call OAH to ask to reopen the record. You may specify that you wish to reopen the record to submit additional documents only or to present additional testimony. The judge will either schedule a hearing on the motion or make a decision on admitting the additional evidence after giving the other party an opportunity to respond.
- Initial and Final Orders
The written decision is called an Initial Order or a Final Order, depending on the type of your public assistance case. It will be issued within 16 calendar days of the close of the hearing record. You may ask for an expedited decision based on emergent circumstances. Whether or not the decision can be expedited will depend on the volume and character of the OAH caseload at the time of the request as well as your circumstances. Decisions are issued in English but arrangements for translations are provided. If time has been allowed for post-hearing submissions or if the record has been reopened, the time for the issuance of the decision will be extended by the length of time allowed for submission or further hearing.
- Corrected Decision
If the ALJ has made a clerical error, you may make a motion for a corrected decision rather than petitioning for review.
- Appeal
In the same envelope with your Initial or Final Order, you will receive information on how to request review or reconsideration if you disagree with the Order. If you disagree with the ALJ's Initial Order, you have the right to request review by the DSHS Board of Appeals (BOA). BOA must receive your request for review within 21 calendar days from the date stamped on the Initial Order. If you disagree with the ALJ's Final Order, you have the right to request that the ALJ reconsider that Order. Your request for reconsideration must be received by the ALJ within 10 calendar days of the date stamped on the Final Order. You also have the right to request that Superior Court review the Final Order. DSHS does not have the right to request Superior Court review of the Final Order.
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