Timeframes to Answer & Request Hearing

There are very strict timeframes in which one can request a hearing or an appeal of an agency’s decision, which varies from one agency to another.  While the RCW on the timeframe may be very clear, understanding it can be confusing when the agency restates it slightly differently. 

For example, Department of Health disciplinary matters that are governed by the Uniform Disciplinary Act in Chapter 18.130 RCW requires the license holder to file a request for hearing with the disciplining authority “within twenty days after being served the statement of charges.”  RCW 18.130.090.  Thus, one would start to count the days following the date in the Affidavit of Mailing to determine the deadline to have the hearing request delivered to the Adjudicative Clerk’s Office with the Department of Health.

However, letters and materials accompanying any Statement of Charges in which the license holder can request a hearing, by submitting the Answer form, includes instructions from the Department that the SOC needs to be answered “before” a date stated, and the Answer form includes language that “THE ADJUDICATIVE CLERK’S OFFICE (ACO) MUST RECEIVE THIS COMPLETED FORM WIHTIN TWENTY (20) DAYS FROM THE DATE IT WAS MAILED TO YOU.”  In this example, the date calculated by DOH is consistent with all caps language quoted here, but is a day earlier than what RCW 18.130.090, the governing statute, requires. 

Do not wait until the last minute to request a hearing, even if you are still seeking counsel—get your request out early, regardless, and document it.  If you see inconsistencies between what any agency writes to you and the RCW, err on the earlier timeframe, though you may have an argument that the RCW was complied with if you run into issues.