Administrative Hearings: Your Day in Court
** This blog post is intended for informational purposes only, and not for the purpose of providing legal advice. For explanation of the law and legal procedure, please contact an attorney.**
If you have a disagreement with the decision of a state agency, you can seek a resolution in court. These disagreements may include an enforcement of child support or reductions in unemployment benefits or public assistance among other things. Many disputes between the public or organizations and state agencies that involve agency decisions are reviewed and decided in the Office of Administrative Hearings (OAH). The OAH is a court and is presided over by a judge, known as an Administrative Law Judge (or ALJ), who is familiar with the applicable area of law. The OAH ALJ that hears the case is neutral and not employed by or affiliated with the state agency you are in disagreement with. See RCW 42.12.040 for information on how ALJ’s are assigned to cases.
However, this court is not what you might be thinking of, with a jury and a courtroom full of spectators. OAH administrative hearings are governed by RCW 34.12 and WAC 10–08 and conducted in accordance with the Administrative Procedure Act (RCW 34.05). Specific directions for how to initiate the administrative hearing process are available on the form documenting the agency’s initial decision on the matter at hand. In some cases a party may be able to request a hearing through the OAH website.
In an administrative hearing, parties are allowed to have witnesses and legal counsel, however many people attending administrative hearings represent themselves. Parties submit exhibits (or materials that they want the ALJ to consider before deciding) through an online portal and in some cases, have a prehearing conference with the ALJ. Access to administrative hearings for persons with disabilities is required by law. Find out more here. Language assistance can be requested for non-English speakers for OAH hearings.
The length of time to get through the administrative appeals process depends on the number of cases the OAH receives. For instance, as of October 27, 2023, the OAH had 9,439 open unemployment appeals pending. They estimate the average time of unemployment appeal from initial state agency review and transfer to OAH to the decision of the ALJ to be around 163 days. However, once the hearing has concluded, appellants can expect a decision from the ALJ after two weeks.
The OAH website contains comprehensive information about the hearing and appeals process on their website, customized by type of hearing, such as: Child Support; Unemployment; Public Assistance; and Licensing. For information about the additional types of cases heard in administrative hearing, click the Case Preparation link on the OAH home page. The Washington LawHelp website also contains a publication on representing yourself at an administrative hearing to appeal decisions by the Department of Social and Health Services (DSHS) and Health Care Authority (HCA).
The OAH does not hear all appeals of agency decisions. Some state agency decisions are reviewed by a hearings officer within the agency itself. The Board of Industrial Insurance Appeals, Environmental and Land Use Hearings Office, and Board of Tax Appeals also review specific types of agency decisions. If you are unsure where to seek review of an agency decision, the Washington State Law Library may have resources that can help.
What happens if you don’t agree with the outcome of an administrative hearing? There are additional steps you can take. Review your order to determine how to petition to have the decision reviewed by the original agency. Judicial review in superior court is the next step in the administrative appeals process. Informational publications about superior court review of public benefits decisions can be found on the Washington LawHelp website. Judicial review under the Administrative Procedure Act is governed by RCW 34.05.510 to 34.05.598.
The law library carries many titles related to administrative law and procedure. Titles available to check out include:
Administrative Law and Process
Administrative Law and Process in a Nutshell
Understanding Administrative Law
Washington Administrative Law Practice Manual
Administrative Law and Practice
Washington Lawyers Practice Manual, Chapter 20, State Administrative Law
Washington Appellate Practice Deskbook (print or eBook), Chapter 21, Judicial Review on the Record of an Administrative Action
You can find additional eBooks and search our catalog here. Contact us at 360–357–2136 or library.requests@courts.wa.gov with your administrative hearings questions. (LE)
