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I mailed a hearing request to the Washington State Office of

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Administrative Hearing using a regular...
I mailed a hearing request to the Washington State Office of Administrative Hearing using a regular mail that was lost or not delivered to the Office. Since I did not here from the office about my application, I contacted the Administrative Office after the 28 day deadline and find out that they did not receive my application for a hearing. I mailed another hearing request using a certified mail, though, a few days past than the 28 days requirement specified by DSHS for submitting a request for an administrative hearing to the OAH.
Initially the OAH/DSHS accepted my second request and mailed me a notice regarding the administrative hearing process and hearing dates. However, at the pre-hearing DSHS submitted motion to dismiss the hearing based on the fact that my hearing request was not submitted to the OAH on time, within the 28 days stipulated in the DSHS Administrative Hearing WAC388-02*.
If the ALJ agrees with DSHS, I will end up lossing my AFH Care provider License, which I feel is very unfair outcome based on the circumstances I have explained above.
Is there any chance to defend the deadline requirement based on a good-cause argument that may be acceptable under WAC or CR60?

Aki

Thank You
Submitted: 6 years ago.Category: Legal
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Answered in 6 minutes by:
12/1/2011
Lawyer: Attorney 1, Lawyer replied 6 years ago
Attorney 1
Attorney 1, Lawyer
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Attorney 1 :

Hello, and welcome to JustAnswer! I am preparing your response. Please remain online for a few moments, so you can get your answer right away.

Attorney 1 :

I'm sorry to hear that you are going through this. Yes, you have options.

Attorney 1 :

You can argue (using names, dates, times) that when you called to follow up (documented by your phone bill, and possibly their copy of the recorded call) you were told that, under the circumstances you could re-submit, which you then did. That phone call will constitue a waiver of enforcement of the 28 day period. Waiver is further evidenced by the letter you received following the second submission. Any documentation that you have in support of the fact that you did indeed submit the document timely, to begin with should be used as a first line of defense. A copy of the original hearing request is a good start, a photograph of the computer saved copy with the last saved date, the created date or both is also good. When paired with a dated text message or email on the date it was first sent, telling a friend or family memeber that you just sent it, the evidence in your favor gets stronger.

Attorney 1 :

Best of luck!


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