- (1) When a hearing is requested, OAH serves the parties and their representatives, including all persons who have filed written petitions to intervene, with a written notice of the hearing date. The notice must be served not fewer than seven business days before the hearing date.
(2) The notice of hearing will include:
- (a) The names, mailing addresses, and telephone numbers of all parties to whom notice is being given and, if known, the names and addresses of their representatives;
- (b) The date of the hearing request;
- (c) The official file or other reference number and the name of the proceeding;
- (d) If DCYF intends to appear, the mailing address and telephone number of the office designated to represent DCYF;
- (e) The name, mailing address, and telephone number of the ALJ who will preside, if known;
- (f) The date, time, place, and nature of the hearing;
- (g) The legal authority and jurisdiction for the hearing, including a reference to the particular sections of the statutes and rules involved; and
- (h) A short and plain statement of the matters asserted by the agency.
(3) OAH will also include information with the notice of hearing stating:
- (a) If a party fails to attend or participate, either personally or through a representative, in a prehearing conference or a hearing, the party may lose the right to a hearing and an order of default or an order dismissing the case may be entered against the party;
- (b) If an LEP party, witness, party's representative, or individual assisting an LEP party needs an interpreter under WAC 110-03-0110 and 110-03-0120, OAH will provide a qualified interpreter at no cost to the requesting individual. The notice will include information on how to request interpreter services;
- (c) Whether the hearing will be held by telephone or in person and how to request a change in the way it will be held;
- (d) How to inform OAH of any special accommodation needs for a party or witness; and
- (e) How to contact OAH if a party or witness has a safety concern.
- (4) The ALJ and the parties may agree to shorten the amount of notice required by any rule.
- (5) Any party may request that the hearing be rescheduled if OAH does not provide the amount of notice required by these rules.
[Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0160, filed 12/19/19, effective 1/19/20.]