What to Expect at your WA Cares Hearing

Hearing Process 

What is the hearing process? 

The purpose of a hearing is to create the hearing record. There are two parts: 

  • The first part is the recording of the hearing that includes:
    • Discussions with the judge
    • Sworn testimony from each party (the Appeals Coordinator and the other participants)
  • The second part is the written documents (exhibits):
    • These are any documents the parties have previously submitted for the judge to consider

When the judge makes a decision in your case, they can only consider the testimony and the documents that have been accepted by the judge and the laws that apply to your case. It is important that you tell the judge everything you want them to know when it is your turn to testify.

What are the steps during the hearing? 

  • The judge will tell you about your right to be represented. 
  • The judge will ensure that everyone understands the issue(s) to be discussed during the hearing. 
  • The judge will place the individuals who testify under oath or affirmation.
  • The documents (exhibits) will be identified on the record. The parties can object to exhibits. The judge decides whether a document should be included in the record.
  • The judge will take testimony from the parties and any witnesses. After a party or witness testifies, the judge or the other party can ask them questions.
  • The judge will allow parties to make a closing statement.
  • The judge will conclude the hearing. 

What is an exhibit?

Exhibits are documents you want the judge to consider before making a decision. It is important to send all the exhibits to OAH and the Appeals Coordinator at least five (5) business days before the hearing. 

Each party may object to the other party’s exhibits. An example of an objection is that the exhibits do not relate/apply to the case. You cannot object to an exhibit just because you disagree with what it says. The judge decides whether an exhibit will be considered. 

What is a witness?

A witness is someone who will give relevant testimony to support your case. You need to make sure your witness is available at the time of the hearing. The Appeals Coordinator may also have witnesses. 

A witness list must be submitted to OAH and the other party prior to the hearing. You can use this form for your witness list.

What is testimony? 

Testimony is a statement given under oath. An oath means that the speaker promises to tell the truth. This is the part of the hearing where each party gets to explain their side of the case. The judge may stop or limit testimony if it is unnecessary. 

Generally, the Appeals Coordinator or their witnesses testify first. They will provide a statement explaining why the DSHS WA Cares program made the decision it did. This could include describing the rules and laws that apply to the case.  

After the DSHS WA Cares program has presented all of its testimony, you and your witnesses will testify next. During your testimony, you can provide a statement explaining why you disagree with the decision the DSHS WA Cares program made. If you have witnesses, you can ask questions of them, or your witnesses can make a statement. 

After a party or witness completes their testimony, the other party has the right to ask them questions. This is called cross examination. You may only ask questions during cross examination. This is not your time to testify. You will have time to comment later. The judge has the authority to maintain order during the hearing including stopping inappropriate comments or argument.

The judge may also have questions for the Appeals Coordinator, the DSHS WA Cares program witnesses, you, or your witnesses. The judge is responsible for getting all the information needed to make a decision (complete the record).

After each party and their witnesses have testified, the judge will ask each party if they have additional testimony. If you want to clarify or add something new, this will be your opportunity. You can also explain if you disagree with the other party’s testimony. If anyone provides additional testimony, there will be an opportunity to ask questions about that testimony.

What are closing statements? 

After all parties and their witnesses have completed their testimony, the parties may give closing statements. A closing statement is your chance to summarize the facts, argue your position, and to tell the judge why you think they should decide in your favor. You may not add new testimony.

What if I have additional documents? 

In most cases, the judge will not accept any new exhibits or testimony after the hearing concludes and the record closes. You should tell the judge at the beginning of the hearing if you have additional documents you want them to potentially consider. The judge will decide if they will allow additional documents to be submitted after the hearing.

What happens if I miss my hearing?

If you miss your hearing, the judge will send out an order that dismisses (cancels) your case. If you still need a hearing, you must send a written explanation to OAH stating why you missed your hearing. 

You may use the form attached to the dismissal order to ask that your hearing be scheduled again. OAH must receive this request within twenty-one (21) calendar days from the date the order of dismissal was mailed, or you could lose your right to have your hearing reinstated. 

Once OAH receives your written request, a time will be scheduled for you to explain to the judge why you missed the hearing. The judge will decide if you have a good reason for missing the hearing. If there is a good reason, your hearing will be reinstated and another hearing will be scheduled. 

Information on what qualifies as good cause is in WAC 388-02-0020.

If you have any questions about the process, please call OAH at 800-583-8271.