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A B C D E F G H I J K L M N O P Q R S T U V X Y Z
-- A --
- Adjudicative Proceeding
- A hearing generally conducted by a Health Law Judge.
- Administrative Procedure Act (also known as APA)
- The statute (Chapter 34.05 RCW) governing most administrative
hearings in Washington.
- Administrative Record
- The official record of an adjudicative proceeding. It typically
consists of legal documents filed in the case (such as a Statement of
Charges, Notice of an Action and Request for Hearing), hearing exhibits,
testimony given under oath and the arguments of the parties. In making a
decision, the Health Law Judge or other decision-maker (such as a
Board/Commission panel) is permitted to consider only the administrative
record and the law applicable to the case.
- Affidavit
- A statement made under oath and notarized by a notary public.
- Amendment
- A change to a law or contract or to a Statement of Charges or
Answer to Statement of Charges.
- Answer to Statement of Charges
- An “answer” is a written response to the allegations contained in
the Statement of Charges. To request or waive a hearing, the person
receiving a Statement of Charges must submit an “answer.”
- Appeal
- A request to change a decision or order. Usually an appeal seeks
review of the decision by a different decision-maker. For example, a
party may appeal the final decision of the Health Law Judge or
Board/Commission to obtain review by a Superior Court.
- Applicant
- A person or entity who has applied to the Department of Health for a license or certificate of need.
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-- B --
- Brief
- A written argument.
- Brief Adjudicative Proceeding
- A Commission or Presiding Officer’s review of a license application
that has been denied.
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-- C --
- Caption
- The heading of a legal document that contains the name of the agency, the names of the parties, the docket number,
and the name of the document itself.
- Commencement
- Start, beginning.
- Continuance
- Postponing an event, conference, or hearing to a later date. Requests for continuance are granted
if there is good cause.
- Cross-examination
- Takes place when one party asks questions of the other party or the
other party’s witness after their direct testimony is finished.
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-- D --
- Declaration
- A written statement that the signer swears, under penalty of perjury, is true.
- Default
- Loss of the right to participate in a hearing or challenge a
decision. Default can occur when a party fails to file an Answer to
Statement of Charges. Default can also occur when the party requesting a
hearing fails to appear at a prehearing conference or hearing.
- Direct Testimony
- Statements made under oath by a party or the party’s witness. After
a party or witness testifies, the other party has the right to ask
questions on cross-examination. After that, the Health Law Judge or
panel members might ask if there is any “redirect,” meaning “Do you have
more direct testimony in light of questions asked on cross-examination?”
- Discovery
- Exchange of information such as documents or depositions prior to a hearing.
- Discretion
- The decision-makers’ freedom to decide an issue. Some issues are clearly decided by law, and the decision-maker
is said to have very little or no discretion. On other issues, the decision‑maker might be said to
have wide discretion.
- Docket Number
- The number assigned to a case by the Adjudicative Clerk Office.
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-- E --
- Evidence
- An exhibit or testimony submitted during a hearing to prove a fact or facts. The decision-maker
considers evidence in the hearing record when making findings of fact.
- Exclusion of Witnesses
- Keeping witnesses out of the hearing room until it is their turn to testify.
- Exhibit
- A document or other thing presented by a party during a hearing to establish the facts.
- Ex Parte Communication
- Communication between a Health Law Judge or panel member and a party without the other party or parties
being present. Ex
parte communication is generally not allowed.
-- F --
- Fair Hearing
- The term used for a hearing involving the Women, Infants and Children Supplemental Food Program (the WIC Program).
- Fax, Filing by
- See Filing.
- Filing
- Delivering papers to the Adjudicative Service Unit in person, by mail, or by fax.
- Final Order
- An order that is the decision maker’s final decision in the case. A
final order may be reconsidered upon written request and may be appealed
to Superior Court.
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-- G --
- Good Cause
- A valid reason for a request. For example, good cause is the standard used to consider requests
to continue cases or to extend the time for filing an answer.
-- H --
- Health Law Judges
- Health Law Judges are lawyers who preside over all Department of Health cases. They make legal
decisions and run hearings. The Health Law Judges decide all Department of Health cases – except
those before a board or commission. In board or commission cases, the board or commission panel decides the
case.
- Hearing
- A hearing is a formal meeting before a decision-maker where issues
of fact and law are tried. Each party has the opportunity to present
their witnesses and exhibits and to question the witnesses about issues
of fact. At the end of the hearing each party can present arguments to the decision-maker as to
what should be the appropriate decision. Arguments must be based upon
the evidence presented. A court reporter attends the
hearing to record the proceeding. Generally, the hearing is a public
proceeding.
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-- I --
- Intervenor
- A third party who voluntarily enters into the legal action and gains
the right to participate in it. The intervenor can enter into the legal
action only by permission of the judge. Intervenors generally have a
legal interest in the proceeding and would be affected by the decisions
made in that legal action.
-- J --
-- K --
-- L –
- License
- A “license” (also known as a certificate, registration or credential) is the authorization required
by law that allows a person to work in a specific health care field.
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-- M --
- Motion
- A motion is a party’s oral or written request for the presiding
officer to make a decision or direct an action favoring the party making
the motion.
-- N --
-- O --
-- P --
- Party
- A person named in a legal action. A party has the right to
participate in the proceeding. A party is affected by the decisions made
in the legal action. In a legal action such as a disciplinary proceeding
involving health care practitioners, there are two parties: the
Respondent and the Department. The Respondent is the person (health care
practitioner) eligible to request an adjudicative proceeding, because
the Department issued charges of unprofessional conduct against them.
- Petition for Judicial Review
- Document filed with a Superior Court within 30 days of service of the
Final Order, requesting that the Final Order
be reviewed.
- Petition for Reconsideration
- Document filed with the Adjudicative Service Unit within 10 days of
service of the Final Order, requesting that the Final Order
be
reconsidered by the decision-maker. The request must state the specific
grounds for reconsideration and the relief requested.
- Prehearing Conference
- A prehearing conference is a meeting of the parties in the presence
of a presiding officer. During the prehearing conference, the presiding
officer reviews matters in preparation for the hearing, including the
following topics:
- Issues to be considered at the hearing
- Facts which are admitted or not contested
- Identification of exhibits that will be admitted at the hearing
- Identification of expert and lay witnesses
- Motions
- The purpose of the prehearing conference is to prepare the parties for the hearing and to ensure that the
hearing is completed on the scheduled hearing date.
- Prehearing Statement
- Document filed with the Adjudicative Service Unit prior to the Prehearing Conference which should include:
- Matters that relate to amendments of the pleadings.
- A written statement of facts.
- A statement of the issues to be resolved at hearing.
- A list of all witnesses to be examined at the hearing.
- A statement of the relief being requested.
- All documents or other exhibits to be admitted at the hearing.
- Presiding Officer
- One who presides over an adjudicative proceeding (Health Law Judge in a case before the Department of Health or
a health profession board or commission).
- Pro se
- A person not represented by an attorney
- Protective Order
- An order that states a person cannot share the confidential information received during the adjudicative process
with other people.
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-- Q --
-- R --
- Respondent
- One who must respond to the Statement of Charges brought against them.
-- S --
- Statement of Charges
- A Statement of Charges (also known as an “initiating document”) is
a written document notifying a person that the department or board is starting disciplinary action against a person’s license
or application.
- Stay of Proceeding
- To temporarily place an adjudicative proceeding “on hold” to wait for the outcome of another entity’s
action (for example, another court).
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-- T --
-- U --
-- V --
-- W --
- Witness
- One who testifies at a hearing.
-- X --
-- Y --
-- Z --
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