Prehearing Conference Process
What is a prehearing conference?
A prehearing conference, also called a PHC, is not the hearing. A prehearing conference is a telephone call with a judge from OAH. There may be an Agency Representative from either the Health Care Authority (HCA) or the Department of Social and Health Services (DSHS), or one of its contracted agencies on the call.
A prehearing conference is typically scheduled for an hour so you will need to make sure that you are available for that amount of time. The prehearing conference may take less time than that.
The purpose of the prehearing conference is to identify the issue(s) for hearing and discuss any scheduling dates and deadlines, including giving the parties time to send in documents they want the judge to consider. The judge will not take any testimony from the parties or witnesses or consider any submitted documents at the prehearing conference.
At the prehearing conference, the judge can also decide any motions raised by the parties. A motion is a request to the judge to take a specific action, such as postponing or dismissing (ending) the hearing. However, if a party is not prepared to respond to a motion at the time of the prehearing conference, the judge may schedule a separate hearing to be held at a later date.
You can find more information about prehearing conferences at WAC 182-526-0195.
If you do not appear at the prehearing conference, you may lose your right to a hearing and your case could be dismissed. This means that the Agency can take the action that you disagree with.
Will I receive notice of a scheduled prehearing conference?
You will receive a notice from OAH if you are scheduled for a prehearing conference. In the top right corner, the notice will say “Notice of Prehearing Conference.” The notice gives you the date and time of the prehearing conference. OAH must send the notice of prehearing conference to you at least seven (7) business days (excluding weekends and holidays) prior to the scheduled date.
Can I try to settle (resolve) the case prior to the prehearing conference?
Yes. Sometimes, the Agency may just need some information from you in order to resolve your case. At any time before the prehearing conference, you can contact the Agency Representative to try and resolve any of the hearing issues. The notice of prehearing conference should include the name and contact information for the Agency’s Representative.
How do I prepare for the prehearing conference?
You should come to the prehearing conference prepared to tell the judge why you requested a hearing and what Agency action you do not agree with. You should also bring your calendar so that you can let the judge know if you have dates when you are not available for a future hearing.
Can I change the date and time of the prehearing conference?
You can ask to change the date and time of the prehearing conference. You should make this request as soon as possible. Contact the Agency Representative listed in your Notice of Prehearing Conference. If you are unable to reach them, you may contact OAH at 800-583-8271.
The judge decides whether there is a good reason to change the date of the prehearing conference. You must attend the prehearing conference unless OAH tells you that it has been rescheduled to a different date and time.
How do I participate in the prehearing conference?
Your prehearing conference is usually held by phone or conference call. If the judge has not called you or joined the conference call within ten (10) minutes after the start time, please contact OAH at 800-583-8271 for assistance.
Please follow the instructions on how to participate in your Notice of Prehearing Conference.
What happens after the prehearing conference?
After the prehearing conference, you will receive an order from the judge called a Prehearing Conference Order.
The prehearing conference order will give you important information about the upcoming hearing including any dates and deadlines. Please read it carefully. The Notice of Hearing may be included with your Prehearing Conference Order. It may also be sent separately.
You can object to the prehearing conference order by notifying OAH in writing within ten calendar days after the mailing date of the order.
What happens if I miss my prehearing conference?
If you miss your prehearing conference, 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 prehearing conference.
You may use the form attached to the dismissal order to ask to have your hearing scheduled again. OAH must receive this request within twenty-one days (21) from the date of mailing of the order of dismissal 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 prehearing conference. The judge will decide whether you have a good reason for missing the prehearing conference. If there is a good reason, your hearing request will be reinstated and another prehearing conference most likely will be scheduled.