Hearing Process
What happens at your hearing?
The hearing is when you get to present your case to the judge. It is your chance to tell the judge your side of the story.
A person from the Employment Security Department will attend the hearing. The Employment Security Department may have a lawyer representing them called an Assistant Attorney General (AAG). You may choose to hire a lawyer to represent you at your own expense. You are not required to have a lawyer.
At the hearing, you can tell your side of the case. You may have witnesses testify about your case. You may also explain the documents that you submitted before the hearing.
It is your responsibility to attend the hearing. You must participate in the hearing. Otherwise, your case may be dismissed.
The judge will begin the hearing with a brief explanation of the hearing process.
Here are the highlights:
- Opening Statements – a brief statement, or preview, of what your case is about.
- Direct Examination – each party presents their case.
- Cross Examination – each party gets to ask questions of the other party’s witnesses. You may only ask questions. You may not comment on their testimony or make statements.
- Closing of Record – when the parties have had a chance to tell their story and ask questions of the witnesses, the judge will close the record. This means that no additional evidence will be admitted.
- Closing Arguments – your chance to tell the judge, based upon the testimony and evidence that has been admitted, why they should decide the case in your favor.
The judge will end the hearing. The judge will not decide the case at the hearing and will not announce a decision at the hearing. OAH will send you the judge’s written decision, usually within 30 days.
How do I participate?
Hearings are held by telephone. The Notice of Hearing has instructions about how to dial in and participate.
Please call in to the hearing approximately 10 minutes early. You should have access to the exhibits and any witnesses present.
What if I cannot get through on the phone?
If you have trouble calling in or connecting, call OAH at 360-407-2700 or 800-583-8271. If the judge does not join the call within 10 minutes after the start time, call OAH.
What if I do not attend the hearing?
If you do not join the call, the judge may dismiss your case. You will receive an Order Dismissing Appeal. This ends your case. If you think you had a good reason for missing the hearing, follow the instructions on the Order Dismissing Appeal to ask to reopen your case. Once your case is dismissed, you have a limited time to ask to reopen your case.
Can I change the hearing date?
If you have a good reason, you may be able to change the prehearing conference or hearing date. You must make your request in writing.
It must include:
- The reason you want to change the date
- Name
- Docket number
Send the written request to:
Washington State Office of Administrative Hearings
16201 East Indiana Ave, Suite 3000
Spokane Valley, WA 99216
Fax: 253-593-2200
You must send a copy of the request to the Employment Security Department representative.
If you request a continuance and do not hear back from the judge, you must attend and make your request at that time. If you do not participate, your case may be dismissed.