Definitions

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Adjudicative Proceeding

An adjudicative proceeding is a proceeding before an agency which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency. Adjudicative proceedings before the Department of Health are generally conducted by a health law judge.

Administrative Procedure Act (APA)

The statute (Chapter 34.05 RCW) governing most administrative hearings in Washington.

Administrative Record

The official record of an adjudicative proceeding. This will usually consist of legal documents filed in the case (such as a statement of charges or notice of an action and a request for hearing), hearing exhibits, testimony given under oath, and arguments of the parties. In making a decision after a hearing, the health law judge or other decision-maker (such as a board/commission panel) is permitted to consider only the admitted exhibits, witness testimony and arguments at hearing as well as the law applicable to the case.

Affidavit

A statement made under oath and notarized by a notary public.

Amendment

In general, an amendment proposes to update or replace a prior statement or version of a document. In matters before the Department of Health, the statement of charges (SOC) may be amended to reflect additional, reduced, or corrected charges. Consequently, a respondent may also file an amended answer in accordance with the amended SOC. In other situations, an amendment may also refer to a change to a law, rule or contract.

Answer to Statement of Charges

An "answer" is a written response to the allegations contained in the statement of charges. To request or waive a hearing, the person receiving a statement of charges must submit an "answer."

Appeal

A request to change a decision or order. Usually, an appeal will seek review of the decision by a different decision-maker. For example, a party may appeal the initial decision of a health law judge to the review officer or a party may appeal a final decision of a board or commission to Superior Court.

Applicant

A person or entity who has applied to the Department of Health for a license or certificate of need.

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Board

"Board" refers to any of the boards specified in RCW 18.130.040.

Brief

A written argument supporting a motion (or response to a motion) complete with citations to the relevant facts, applicable law and an application of the law to the facts supporting the author’s prayer for relief.

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Caption

The heading of a legal document that contains the name of the agency, the names of the parties, the docket number, and the name of the document itself.

Commencement

In matters before the Department of Health, commencement refers to the start or beginning of an adjudicative proceeding or hearing.

Commission

"Commission" refers to any of the commissions specified in RCW 18.130.040.

Continuance

Postponing an event, conference, or hearing to a later date. Requests for continuance must be in writing, filed with the Adjudicative Clerk’s Office and will be granted if the judge finds there is good cause.

Cross-examination

Refers to the act of questioning another party’s witness during the testimony phase of a hearing. Typically, cross-examination follows the direct examination by the party calling the witness.

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Declaration

A written statement that the signer swears, under penalty of perjury, is true.

Default

Loss of the right to participate in a hearing or challenge a decision. Default can occur when a party fails to file an answer to statement of charges. Default can also occur when the party requesting a hearing fails to appear at a prehearing conference, hearing or other critical stage of an adjudicative proceeding.

Department

"Department" means the Washington State Department of Health.

Direct Testimony

Statements made under oath by a party or the party's witness in response to questions asked by the party calling the witness.

Disciplining Authority

A disciplining authority is the agency, board, or commission which has the authority to take disciplinary action against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a chapter specified under RCW 18.130.040.

Discovery

The exchange of documentary evidence prior to a hearing. Discovery may also include the taking of depositions.

Discretion

The decision-makers' freedom to decide an issue. Some issues are clearly decided by law, and the decision-maker is said to have very little or no discretion. On other issues, the decision-maker might be said to have wide discretion.

Docket Number

See Master Case Number.

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Evidence

An exhibit or testimony submitted during a hearing to prove a fact or facts. The decision-maker considers evidence in the hearing record when making findings of fact.

Exclusion of Witnesses

In general, witnesses are not allowed to observe or enter the hearing until it is their turn to testify. In that sense, witnesses are said to be excluded until they are requested. However, witnesses precluded from providing any testimony are commonly referred to as being excluded from testifying.

Exhibit

A document, or other thing, presented by a party during a hearing to establish the facts.

Ex Parte Communication

Communication between a health law judge or decision maker and a party without the other party or parties being present. Ex parte communication is generally not allowed.

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Fair Hearing

This term may refer to two different processes. First, every litigant before the Department of Health has the right to a fair hearing presided over by a neutral and impartial decision maker. Secondly, the term also refers to adjudicative proceedings involving the Women, Infants and Children Supplemental Food Program (the WIC program). The term is used to describe an expedited hearing involving Women, Infant and Children (WIC) benefits.

Filing

Delivering papers to the Adjudicative Services Office in person, by mail, by electronic filing through email, or by fax.

See "How do I file documents with the Adjudicative Services Office?" on our FAQ page.

Final Order

An order that is the decision maker's final decision in the case. A final order may be reconsidered upon written request and may be appealed to Superior Court. Board or commission orders after hearing are final orders.

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Good Cause

A valid reason for a request. For example, good cause is the standard used to consider requests to continue cases or to extend the time for filing an answer.

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Health Insurance Portability and Accountability Act (HIPAA)

HIPAA is a law that regulates the privacy and security of medical information.

Health Law Judges

Health law judges are administrative law judges (who are also lawyers). They preside over all Department of Health cases, which means they make the legal decisions and run the hearings. The health law judges decide all Department of Health cases – except those before a board or commission, in which case the board or commission panel decides the case.

Hearing

A hearing is a formal proceeding that is generally open to the public before a decision-maker where issues of fact and law are tried. Each party has the opportunity to present their case, to include questioning witnesses and examining documentary exhibits. After all of the testimony has been taken, each party can present arguments to the decision-maker as to what should be the appropriate decision. Arguments must be based upon the evidence presented. Hearings are digitally recorded, or a court reporter attends the hearing to record the proceeding.

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Initial Order

A preliminary order after a hearing by a health law judge in that becomes final if not appealed. Initial orders can be appealed to the department's review officer.

Intervenor

A third party who voluntarily enters into the legal action and gains the right to participate by receiving permission from the judge. Intervenors have a legal interest in the proceeding and would be affected by the decisions made in that legal action.

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License

A "license" (also known as a certificate, registration or credential) is the authorization required by law that allows a person to work in a specific health care field.

Licensing Authority

Entity authorized by the Legislature to grant or deny credentials.

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Master Case Number

The number assigned to a case by the Adjudicative Clerk's Office.

Motion

A motion is a party's oral or written request for the presiding officer to make a decision or direct an action usually favoring the party making the motion.

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Notice of Decision

Written notice to an applicant that the licensing authority intends to deny their application for a credential or grant it with conditions. A notice of decision (NOD) is self-executing, and the denial becomes final if a response is not filed within 28 days of service. A NOD – grant with conditions will usually include an agreement to practice, which must be signed and returned by a certain date in order to become valid.

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Party

A person named in a legal action. A party has the right to participate in the proceeding. A party is affected by the decisions made in the legal action. In adjudicative proceedings before the Department of Health, there are typically two parties: the respondent/applicant and the department/program. Some matters before the department may also allow for intervenors. The respondent/applicant is typically the person eligible to request an adjudicative proceeding, because the department/program seeks to take an action which affects their rights.

Petition for Judicial Review

Document filed with a Superior Court within 30 days of service of a final order, requesting that the final order be reviewed.

Petition for Reconsideration

Document filed with the Adjudicative Clerk's Office within 10 days of service of the final order, requesting that the final order be reconsidered by the decision-maker. The request must state the specific grounds for reconsideration and the relief requested. The final decision maker in secretary cases is the agency review officer.

Petition for Administrative Review

Document filed with the Adjudicative Services Office within 21 days of an initial order in a secretary case requesting review.

Petition to Vacate

Document filed with Adjudicative Services Office within 7 days of a prehearing order of default, initial order, or final order that request the order in question be vacated for a specific legal reason.

Prehearing Conference

A prehearing conference is a meeting of the parties in the presence of a presiding officer. During the prehearing conference, the presiding officer reviews the suggested witnesses and exhibits to streamline the issues for hearing. The following topics may be discussed at the conference:

• Stipulations or other facts which are admitted or not contested
• Exhibits that will be admitted at the hearing
• Expert and lay witnesses that will be allowed to testify
• Any outstanding motions
• Hearing date, time, duration, which virtual platform or location

The purpose of the prehearing conference is to confirm and prepare the parties for the hearing and to ensure that the hearing is completed on the scheduled hearing date.

Perjury

The act of willfully giving false testimony after giving an oath or affirmation to speak the truth.

Prehearing Statement

Document filed with the Adjudicative Services Office prior to the prehearing conference which should include:

• Matters that relate to amendments of the pleadings
• A written statement of facts
• A statement of the issues to be resolved at hearing
• A list of all witnesses to be examined at the hearing
• A statement of the relief being requested
• All documents or other exhibits to be admitted at the hearing

Presiding Officer

One who presides over an adjudicative proceeding. In typical cases before the Department of Health, this would be a health law judge.

Pro se

A self-represented person.

Protective Order

In matters before the Department of Health, protective orders are used primarily to instruct and prevent parties from disclosing information obtained during the adjudication that would otherwise not be available to the public. Such information may include but is not limited to confidential healthcare information or information protected by HIPAA and other personally identifiable, sensitive information (i.e. social security number, addresses, personal contact or financial information, etc.). In addition, protective orders may also be issued to shield a party from harm or harassment.

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Respondent

One who must respond to the statement of charges brought against them.

Review Officer

The person designated by the secretary of health to review initial orders and to enter final orders per RCW 43.70.740.

Revised Code of Washington (RCW)

The compilation of all permanent laws now in enforcement. It is a collection of session laws (enacted by the Legislature, and signed by the governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed.

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Secretary

"Secretary" refers to the Washington secretary of health or the secretary's designee.

Statement of Charges

A statement of charges (also known as an "initiating document") is a written document notifying a healthcare practitioner of an alleged violation of the rules pertaining to the department’s jurisdiction which also includes information concerning their right to request a hearing to contest the allegations and to be represented by counsel.

Stay of Proceeding

To temporarily place an adjudicative proceeding "on hold" to wait for the outcome of another entity's action (for example, another court or military service obligation).

Subpoena

A written order to compel an individual to give testimony on a particular subject.

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Testimony

Testimony is oral or written evidence given by the witness under oath, affidavit or deposition.

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Uniform Disciplinary Act (UDA)

Refers to the standardized procedures for the licensure of health care professionals and the enforcement of laws the purpose of which is to assure the public of the adequacy of professional competence and conduct in the healing arts. The UDA can be found at 18.130 RCW.

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Washington Administrative Code (WAC)

Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington state. The Washington Administrative Code codifies the regulations and arranges them by subject or agency.

Witness

One who provides sworn testimony in the form of an affidavit, declaration or orally at a hearing.