Expedited Hearings Process for ESD Unemployment Insurance Caseload
(1) Requesting an expedited hearing.
(a) An expedited hearing may be requested by any party with an urgent financial hardship as defined in subsection (3) of this section.
(b) The party requesting an expedited hearing bears the burden of proof to establish an urgent financial hardship and must submit evidence or arrange for evidence to be submitted to the office of administrative hearings (OAH) with the expedited hearing request to support the need for an expedited hearing.
(2) Exception to notice requirements. The notice requirements in this section prevail over notice requirements in WAC 10-08-040.
(3) Standard for granting an expedited hearing request.
(a) For the purposes of this section, an urgent financial hardship means that waiting for an otherwise timely initial order could jeopardize the requesting party’s ability to meet immediate and significant financial obligations.
(b) The administrative law judge (ALJ) may grant a request for an expedited hearing only if the ALJ finds by a preponderance of the evidence that the requesting party has an urgent financial hardship.
(4) Time frame and notice requirements for expedited hearing request determination. The ALJ must grant or deny the expedited hearing request within four business days of receipt of the request by OAH or as expeditiously as possible. OAH must immediately notify the parties orally or in writing of the ALJ's determination. The oral or written notice must clearly state:
(a) Whether the expedited hearing request was approved or denied; and
(b) That a hearing has been or will be scheduled.
(5) Scheduling an expedited hearing. If the ALJ grants a request for an expedited hearing, OAH will schedule a hearing and provide notice as expeditiously as possible, allowing for a reasonable amount of notice and time for the parties to prepare for hearing. Under these circumstances, the notice rules in WAC 10-08-040 do not apply.
(6) Denial of expedited hearing. If the ALJ denies an expedited hearing request, OAH will schedule the hearing based on standard scheduling practices and the notice rules in WAC 10-08-040.
(7) Appeal right. There is no right to appeal an ALJ's determination to grant or deny an expedited hearing request.