Formal Adjudicative Proceeding (Formal Hearing)
A Formal Adjudicative Proceeding (formal hearing) is a hearing on the phone before the
judge.
During the hearing, the Washington State Patrol (WSP) will be represented by an assistant attorney general. Witnesses may also testify, such as State Troopers, workers with the Department of Transportation, and your witnesses.
What is a formal adjudicative proceeding?
A formal adjudicative proceeding is a hearing on the phone. The judge will listen to testimony and review documents.
What to expect when you get into the hearing?
In most cases, the hearings will be on a group docket. This means that up to nine other people who received Notices of Infractions will be on the phone with you. When the judge is ready to start the hearing, they will admit everyone and conduct a roll call. The judge will then explain the procedure for the hearing. After the explanation, the judge will begin hearing each case. You will need to stay on the phone until the judge hears your matter and excuses you. This could take up to three hours.
How do I submit documents?
You can submit documents by:
- Mailing them to:
- Faxing them to 253-593-2200
- Uploading them to the portal
- Delivering them to an OAH office
Your notice of hearing provides specific instructions and deadlines to submit documents. The date of filing will be the date of receipt by OAH during regular business hours (8:00 a.m. to 5:00 p.m.).
If you need help, please call 800-583-8271.
Can I have witnesses?
Yes. Your witnesses will be allowed to testify if their statements relate to the issues in the hearing. You can have your witness on the phone with you or provide the call-in information to them.
Who else will be participating?
- The witnesses you invite to the hearing
- Your attorney, if you have one
- An assistant attorney general representing the Washington State Patrol (WSP)
- The witnesses the WSP invites to the hearing
How long could the hearing take?
Up to three hours, depending upon where your case falls in the order of cases.
What if I don’t appear at the hearing?
If you do not appear at the hearing, the judge will likely enter a default order which means you will have to pay the full penalty on the Notice of Infraction.
If you are not able to attend the hearing on the scheduled date, contact OAH at 800-583-8271 to request a continuance using the Continuance/Postponement Request form. You should appear at the scheduled hearing unless you hear from OAH that the matter has been or will be rescheduled.
How to Prepare
How do I prepare for a Formal Adjudicative Proceeding?
You will receive a Notice of Hearing and an exhibit packet. Read these documents carefully. You should have these documents with you during the hearing.
If you have more documents you want the judge to consider, including any pictures that are not included in the exhibit packet, you must send them to the judge and all other parties listed in the Notice of Hearing by the deadline.
OAH will not send additional documents to the other party or parties. Do not wait to submit your documents.
If you do not follow these instructions, your documents may not be considered.
How do I participate?
Your hearing will be held by telephone. The Notice of Hearing will have detailed instructions.
If you misplace your Notice of Hearing, call OAH at 800-583-8271.
If you want witnesses to participate, you will need to give them the instructions on your Notice of Hearing for calling into the hearing. You do not need to be in the same place as your witnesses during the hearing.
If you use a cell phone, please be sure the battery is fully charged, and you have clear reception. If you are disconnected, you need to call back into the hearing right away using the same phone number and access code.
If you do not have access to a phone, you may be able to arrange to use one at a local state government office, particularly WorkSource offices or DSHS offices. Please be sure to make any arrangements before the day of your hearing.
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
When will I get a decision?
Typically, OAH mails the judge's decision within 15 days after the hearing.
What is my right to appeal OAH’s decision?
If you disagree with the judge’s decision you have the right to appeal. The decision will give instructions on how to appeal. Be sure to follow the instructions. There are strict deadlines and requirements.