(1) When counting days to calculate when a hearing deadline ends under program rules or statutes:
- (a) Do not include the day of the action, notice, or order. For example, if a hearing decision is mailed on Tuesday and the party has twenty-one days to request a review, start counting the days with Wednesday.
- (b) If the last day of the period is a Saturday, Sunday, or a designated holiday under WAC 357-31-005, the deadline is the next business day.
- (c) For periods of seven days or less, count only business days. For example, if the party has seven days to respond to a review request that was mailed on Friday, May 10th, the response period ends on Tuesday, May 21st.
- (d) For periods over seven days, count every calendar day, including Saturdays, Sundays, and designated holidays under WAC 357-31-005.
- (2) The deadline is 5:00 p.m. on the last day.
- (3) If the party who requested the hearing misses a deadline, that party may lose the right to a hearing or appeal of a decision.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 17-05-066, § 182-526-0035, filed 2/13/17, effective 3/16/17. Statutory Authority: 2011 1st sp.s. c 15 § 53, chapters 74.09, 34.05 RCW, and 10-08 WAC. WSR 13-02-007, § 182-526-0035, filed 12/19/12, effective 2/1/13.]