Frequently Asked Questions

You can file documents by mail, fax, or electronic filing through email.

Mailing address:

Department of Health
Adjudicative Services Office
PO Box 47879
Olympia, WA 98504-7879

Fax: 360-586-2171

Email: ACOFax@doh.wa.gov

No. You have a right to hire an attorney to represent you, but it is not required. If you do hire an attorney, the attorney must be authorized to practice law in Washington and must file a notice of appearance with the Adjudicative Services Office.

The statement of charges you received includes an answer form, which must be completed and filed with the Adjudicative Services Office within 20 days of the date that it was served on you. After the answer is received, we will either send you a scheduling order or provide you with a date and time for a telephone conference to create a case schedule.

See "How do I file documents with the Adjudicative Services Office?" for further information.

Yes. You may ask for an extension of the deadline by sending us a written request explaining why you need more time. You must send your request to the Adjudicative Services Office within 20 days of the date the statement of charges was served on you. A judge will then determine whether or not your request meets the "good cause" requirement for an extension. The judge will then issue an order either granting or denying your request for extension.

See "How do I file documents with the Adjudicative Services Office?" for further information.

A scheduling conference is usually a telephone meeting between you, your attorney (if you choose to hire one), the state's attorney, and the health law judge. The purpose of the conference is to set the dates for the hearing, the prehearing conference, and all other relevant case deadlines.

We will issue a scheduling order shortly after the conference that lists the dates and deadlines set during the conference.

Discovery is the process of sharing information between parties, and it must be completed by the deadline listed in the scheduling order. The goal of the discovery process is to avoid trial by surprise and to fully inform both sides of the intended evidence and witnesses that will be introduced should the case proceed to hearing.

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 numbers, addresses, personal contact or financial information, etc.). In addition, protective orders may also be issued to shield a party from harm or harassment. In general, protective orders prohibit parties from sharing information they receive with anyone other than their attorneys or expert witnesses.

Ex parte communication is 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.

Additional definitions may be found on our Definitions page.

You can present evidence in writing (through exhibits) and orally (through witnesses at hearing). All exhibits and witness lists must be filed with the Adjudicative Services Office with a copy sent to the opposing party.

See "How do I file documents with the Adjudicative Services Office?" for further information.

Subject to HIPPA, protective orders and other confidentiality restrictions, much of the information is subject to discovery or public disclosure. With a few exceptions, hearings are generally open to the public, and decisions are public records which are posted on the Provider Credential Search page.

In health profession discipline cases, a staff attorney is assigned to each case and can be contacted to discuss the possibility of settlement. The staff attorney’s name and contact information will be listed within the initial documents you receive.

If your case is not a health profession discipline case, you can contact the assistant attorney general assigned to your case to discuss the possibility of settlement.

Many factors affect the duration of an individual case. Several of those factors are, but are not limited to, the completion of discovery, settlement negotiations, witness availability and other good cause reasons to continue. Nonetheless, the basic time period for settlement, discovery, and commencement of hearing is one hundred eighty (180) days or less, to be set in the scheduling order.

See WAC 246-14-090.

Yes. If their actual service time affects their (or their dependent's) ability to appear in the case, they have protections from default decisions. A default decision may occur when a party fails to answer or defend against department allegations.

Service members or their dependents can seek a hold on their case until they are able to appear. Also known as a "Stay." The request for such a delay must be in writing and must include:

• A letter stating that their military duty materially affects their ability to appear. The letter must provide a date when they could be available.
• Communication from their commanding officer confirming that military duty prevents their appearance. It must say that military leave is unauthorized at that time.

Eligible service members (under 10 U.S.C. 101(a)(5)) include the Air Force, Army, Coast Guard, Marine Corps, Navy, and Commissioned Officers of the Public Health Service or National Oceanic and Atmospheric Administration. Eligible service members (under RCW 38.42.050) include National Guard members and military reserve members called to active duty for a period of more than 30 straight days.

For more information, see the Federal Service Member's Civil Relief Act (50 U.S.C. App. sections 501-593) and the Washington Service Member's Civil Relief Act, Chapter 38.42 RCW.

All filings required by the scheduling order must be sent to (or served upon) the Adjudicative Services Office and the opposing party. All of the necessary addresses will be contained within the initial documents you receive.

No. There is no right to appointed counsel in administrative matters. Nonetheless, a party may be represented at the party’s own expense by a licensed attorney authorized to practice law in Washington state.

There is no standard dress code. However, we recommend business casual, and discourage the wearing of graphic or offensive T-shirts or gym attire.

In general, Washington State Department of Health (DOH) hearings are conducted virtually. However, requests for in-person hearings will be addressed on a case-by-case basis.

Yes. Evidence, including hearsay evidence, is admissible if in the judgment of the presiding officer it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The presiding officer shall exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may also exclude evidence that is irrelevant, immaterial, or unduly repetitious.

See RCW 34.05.452(1).

Recordings can be requested by sending a request to the Public Disclosure Unit online at their Public Records Center. If you have any questions, please reference the Public Disclosure Unit’s Frequently Asked Questions page.