Were you properly served by Adult Protective Services?
Did you receive an initial finding from Adult Protective Services alleging that you may have abused, exploited, or neglected a vulnerable adult and APS sent you the finding by mail and it has been over thirty (30) calendar days since you were “served” (the date APS dropped the letter in the mail) under Chapter 388-02 WAC? First, request a hearing asap, even if it is untimely.
Next, consider that WAC 388-103-0050(1) requires that APS “notify the alleged perpetrator of the initial substantiated finding using one of the following methods: (a) Personal service of the notice as described under RCW 4.28.080; or (b) Sending a copy of the notice by first-class and certified mail, return receipt requested, to the alleged perpetrator’s last known mailing address.” [Emphasis added]. Note that it does not state that APS may send the notice “to the Appellant’s last known place of residence.”
Take care to consider whether service of the initial finding upon you in fact complied with the Department’s own regulations before the tribunal needs to consider if it has no subject matter jurisdiction because your request for hearing may have been technically untimely.
The Initial Finding cannot become a final substantiated when service was not effectuated properly. WAC 388-103-0160 states as follows, in relevant part:
(1) An initial substantiated finding becomes a final substantiated finding when:
(a) The department gives the alleged perpetrator notice of the initial substantiated finding as described under WAC 388-103-0050, and the alleged perpetrator does not request an administrative hearing under WAC 388-103-0100;
For the tribunal consider whether your request for an administrative hearing was timely under WAC 388-103-0100 it must first consider whether the Department gave you “notice of the initial substantiated finding as described under WAC 388-103-0050.” Proper notice is a condition precedent to you requesting hearing.
If the Department did not properly notify you of the Initial Finding, the tribunal need not consider whether your request was timely, and APS must effectuate proper service first and foremost.