Brief Adjudicative Proceeding
A Brief Adjudicative Proceeding (BAP) is a process where the judge decides your case only based on documents. A BAP doesn’t usually involve speaking to the judge. To make a ruling, the judge reviews the infraction and any evidence submitted by the Washington State Patrol (WSP) and the person who filed the appeal.
How is this different from a formal hearing?
At the BAP, the judge will make a decision based on submitted documents.
At the full hearing, you will meet with the judge and WSP over the phone. In addition to considering the documents admitted, the judge will make a decision based on what you and other witnesses say under oath.
What does the “close of record” mean?
The “close of record” is the deadline for you to submit any additional information you want the judge to consider. After the deadline, the judge will make their decision based on information submitted. Any information submitted after the close of record will not be considered.
What can the judge consider?
The judge can consider:
- the hearing packet sent with the notice;
- any documents/sworn declarations you submit by the close of record deadline;
- any oral testimony you give; and,
- any additional evidence submitted by the parties at the request of the judge.
What happens if I don’t submit documents or testimony?
If you do not submit any documents, declarations or testimony, the judge will hold you in default and dismiss your appeal. This ends your case.
How to Prepare (BAP)
How do I prepare for a Brief Adjudicative Hearing (BAP)?
You will receive a Notice of Hearing and a packet of information. Read these documents carefully.
Complete the questions on the declaration and submit your declaration to OAH. You can mail it, fax it or fill out a form at www.oah.wa.gov
Online declaration forms:
- Brief Adjudicative Proceeding Not Responsible Declaration
- Brief Adjudicative Proceeding Mitigation/Payment Plan/Both Mitigation and Payment Plan Declaration
If you have additional information for the judge, you can complete the optional declaration and submit it. If you have additional documents, including photographs, submit those as well.
Everything must be submitted by the close of record date.
How do I participate?
You participate by submitting declaration(s) and additional documents/photographs by the close of record. You can also request to provide testimony by telephone. You must ask to testify by phone within 10 days of the date you received the notice.
How do I submit documents to the judge?
You will receive a Notice of Hearing and a packet of information. In this packet there is a declaration form and questionnaire. There is also a form online.
Complete the questions on the declaration and submit your declaration to OAH. You can mail it, fax it, upload it to the portal, or fill out a form at www.oah.wa.gov
Online declaration forms:
- Brief Adjudicative Proceeding Not Responsible Declaration
- Brief Adjudicative Proceeding Mitigation/Payment Plan/Both Mitigation and Payment Plan Declaration
Your notice of hearing provides specific instructions. If you need help, please call 800-583-8271.
How do I request to present oral testimony?
You must submit a request to present oral testimony in writing. You can mail it, fax it or upload it to the portal.
How long do I have to ask for a chance to testify by phone?
You have 10 days from the date you receive the notice.
How do I research the law?
OAH cannot provide legal advice. Some of the related laws and rules can be found here:
Click Legal Research and Resources to view additional resources.
After your Hearing (BAP)
When will I get a decision?
The judge will issue the decision within 15 days after the close of record.
What is my right to appeal the BAP decision?
You may appeal by filing a Petition for Review with OAH. The judge will review the record and issue a final order.