Equitable estoppel in administrative law

From time to time licensees find that a DSHS representative is contradicting something that he or she said previously. The law imposes limits on the extent to which DSHS can take shifting and inconsistent positions, especially if you relied on the prior position to your detriment. It is called equitable estoppel.WAC 388-02-0495 provides that the Department shall be “stopped or prevented from taking action” if five elements of equitable estoppel are shown by a licensee by clear and convincing evidence: 1) The Department made a statement or took an action that is inconsistent with a later claim or position by the Department; 2) Appellant reasonably relied on the original statement by the Department; 3) Appellant will be injured to his detriment if the Department is allowed to contradict its original statement; 4) Equitable estoppel is necessary to prevent a manifest injustice; and 5) The exercise of government functions is not impaired by the use of equitable estoppel.While it can be frustrating to deal with changing and contradictory positions, there are limits and you may be able to stop DSHS from going back on a prior representation that it has made to you and that you have relied upon. If you find yourself in this position, contact an attorney to explore what options may be available to you.