Washington Administrative Code Title 10 - Administrative Hearings, Office of
Overview of WAC Title 10 — Office of Administrative Hearings
The Office of Administrative Hearings (OAH) is an independent agency that conducts formal hearings for state agencies in Washington. Title 10 WAC sets the procedures, responsibilities, and powers of administrative law judges (ALJs) and parties involved in administrative hearings.
OAH ensures hearings are fair, impartial, and consistent with state law. These rules are binding for agencies, parties, and ALJs.
Key Purposes of Title 10 WAC
Provide fair administrative hearings for state licensing, employment, regulatory, or disciplinary matters.
Set procedural rules for conducting hearings outside the traditional court system.
Define powers and responsibilities of administrative law judges (ALJs).
Standardize appeals and evidence procedures across state agencies.
Main Areas Covered in Title 10 WAC
1) Jurisdiction & Applicability
Who is covered:
State agencies using OAH for hearings.
Individuals, organizations, or businesses involved in hearings.
What is covered:
Licensing denials or revocations.
Employee disciplinary actions in state government.
Regulatory enforcement matters.
Disputes over agency decisions affecting rights or benefits.
2) Administrative Law Judges (ALJs)
Authority:
Conduct hearings, rule on motions, issue subpoenas, and administer oaths.
Decide on procedural matters and manage the hearing process.
Independence:
ALJs must remain impartial and separate from agency management that initiated the action.
Decision-making:
Issue proposed decisions, which agencies typically adopt, modify, or reject per statute.
Ethics:
Follow standards of professional conduct, avoiding conflicts of interest.
3) Filing and Pre-Hearing Procedures
Filing a petition or notice: Parties must submit formal requests to initiate a hearing.
Service of documents: Must provide proper notice to all parties.
Pre-hearing motions: Requests to dismiss, amend, or clarify issues.
Scheduling: OAH sets hearing dates, often with timelines for discovery and pre-hearing conferences.
4) Hearings
Format: Can be in-person, telephonic, or video-based, depending on the case.
Rules of evidence:
More flexible than courts but must ensure fairness.
Relevant evidence is generally admissible; strict formal rules are relaxed.
Witnesses: Parties may call and cross-examine witnesses under oath.
Record: All hearings are recorded for accuracy; transcripts may be prepared.
5) Decisions
Proposed Decisions: ALJs issue written findings of fact and conclusions of law.
Agency Action: The agency may adopt, modify, or reject the ALJ’s decision according to statute.
Final Orders: Once adopted by the agency, the order is enforceable.
Notice of Decision: Parties receive written notice of the decision and any rights to appeal.
6) Appeals
Agency Review: Some decisions may first be reviewed internally by the agency before becoming final.
Judicial Review: Parties can seek review in superior court after the agency issues a final order.
Timeline: WAC sets deadlines for filing appeals and motions to reconsider.
7) Rights and Responsibilities of Parties
Right to be represented: Parties may have an attorney or other representative.
Right to present evidence: Includes documents, testimony, and expert reports.
Obligation to comply: Parties must follow hearing schedules, respond to discovery, and appear when required.
Sanctions: Failure to comply may result in default judgments or dismissal.
8) Special Provisions
Protective orders: ALJs can limit disclosure of sensitive information (trade secrets, personal data).
Subpoenas: ALJs can require witnesses or documents to appear at hearings.
Emergency hearings: Certain cases may be expedited for public health, safety, or welfare reasons.
Practical Implications
Agencies benefit: By having consistent procedures and independent review.
Individuals and businesses: Ensure procedural fairness before a neutral judge.
Efficiency: Avoids full court litigation, saving time and resources.
Transparency: Written rules in Title 10 WAC guide expectations for all participants.
Key Takeaways
Title 10 WAC standardizes administrative hearings across the state.
OAH ALJs are independent, impartial, and empowered to run hearings.
Parties have rights to representation, evidence, and appeal, but must follow procedural rules.
Decisions are enforceable once adopted by the agency, with judicial review available.
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