WAC 415-501-510 and Section 457 of the Internal Revenue Code authorize distributions from the deferred compensation plan due to an unforeseeable emergency. If your application for a pay out is denied, you are entitled to have that decision reviewed.

1. (1) Filing deadline. You must apply for review in writing within sixty days of the date you receive the denial.
2. (2) Contents of review application. Your application must contain the items listed in WAC 415-08-023.

3. (3) Type of proceeding. Within twenty days of receipt of your application, the department will notify you in writing that it will conduct either:

   1. (a) A brief adjudicative proceeding under RCW 34.05.482 through 34.05.494; or
   2. (b) A full adjudicative proceeding under this chapter.

4. (4) Brief adjudicative proceeding.

   1. (a) The director's designee will serve as presiding officer. The presiding officer will:

      1. (i) Review the agency's view of the matter, as expressed in the documentation denying your request for a withdrawal;
      2. (ii) Review the materials you have previously submitted, as well as any additional material you wish to submit;
      3. (iii) Give each party an opportunity to be informed of the other's view of the matter;
      4. (iv) Make a decision on the request; and
      5. (v) Within ten days, give the parties a brief written statement of the reasons for the decision and information about any internal review available.
   2. (b) If the presiding officer makes an unfavorable determination in your case, you may request an administrative review provided you do so within twenty-one days after you are served with the presiding officer's written determination. If you seek administrative review, the reviewing officer will be a different person than the presiding officer.
   3. (c) If you do not seek administrative review, you may seek judicial review within thirty days after you are served with the written determination (see RCW 34.05.542).
5. (5) Full adjudicative proceeding. If the department conducts a full adjudicative proceeding, that proceeding will be governed by the Administrative Procedure Act (chapter 34.05 RCW), and rules adopted thereunder; and chapters 10-08 and 415-08 WAC. The department will be represented in the proceeding by an assistant attorney general.

[Statutory Authority: RCW 41.50.050(5), 41.50.060, 41.50.770, 41.50.780, 2001 c 42. WSR 02-12-084, § 415-08-015, filed 6/4/02, effective 7/5/02. Statutory Authority: RCW 41.50.050 and 41.50.780(11). WSR 96-16-020, § 415-08-015, filed 7/29/96, effective 7/29/96.]