- How do I file documents with the Adjudicative Service Unit?
- You can file documents by mail or fax. We do not accept filings by
email.
- Mailing address:
Department
of Health
Adjudicative
Service Unit
PO Box 47879
Olympia,
WA 98504-7879
Fax:
(360)
586-2171
- Do I need an attorney to represent me in this matter?
- No. You
have a right to hire an attorney to represent you, but it is not required. If
you do hire an attorney, the attorney must file a Notice of Appearance with the Adjudicative Service Unit.
- How do I respond to a Statement of Charges?
- You must file an Answer to Statement of Charges within 20 days of
the date it was served on you. (An answer form was sent with the
Statement of Charges.) After the answer is received, we will issue a
Scheduling Order.
- Can I ask for more time to file my answer to the
Statement of Charges?
- You may ask for an extension of the deadline by sending us a
written request explaining why you need more time. You must send your
request within 20 days of the date the Statement of Charges was served
on you. Send your request to:
Adjudicative Service Unit
PO Box 47879
Olympia WA 98504-7879
- What is a scheduling conference?
- The scheduling conference is a meeting between you, your lawyer if
you have one, the state's attorney and the Health Law Judge. The purpose
of the conference is to set the hearing date and all relevant case
deadlines. The conference is usually conducted by telephone. We will
issue a Scheduling Order shortly after the conference that lists the
dates set during the conference.
- What are discovery, protective orders, and ex parte communication?
- Discovery is the process of sharing information between the parties.
Discovery must be completed by the deadline listed in the Scheduling
Order.
A protective order states that parties cannot share information they
receive with anyone other than their attorneys or expert witnesses.
A protective order is issued in the Scheduling Order.
Ex parte communication is a rule that forbids a judge from talking to
one party without the other party being present. Judges may communicate
at scheduled conferences where both parties are present or in writing if
a copy is sent to each side.
- How do I get evidence before the judge or other decision maker?
- You can present evidence in writing (through exhibits) and orally
(through witnesses at hearing). All exhibits
and witness lists should be filed with the Adjudicative Service Unit with
a copy sent to the opposing party
- How public is the process and decision?
- The adjudicative process is an open process. Most information is
subject to discovery or public disclosure. Hearings are generally open
to the public. Decisions are public records. Health Profession
discipline decisions are posted on the Internet on the
Provider Credential Search page.
- Whom do I contact to discuss the possibility of settling (resolving)
my case?
- In health profession discipline cases, a staff attorney is assigned
to each case. You can contact the staff attorney to discuss possible
settlement of the case.
- If your case is not a health profession discipline case, you can contact
the Assistant Attorney General assigned to your case to discuss the
possibility of settlement.
- How long will it take to resolve my case?
- It typically takes 230 days. See
WAC
246-14-090.
- Do members in the military (or their dependents) have any
protections if there are disciplinary charges pending?
- Yes.
They have protections from default judgments under Washington Service
Members Civil Relief Act. (Chapter 38.42 RCW) Protection is also
provided under the federal Service Members Civil Relief Act. (50 U.S.C.
§ 501-593)
-
What can the member in the military do, if
there are disciplinary charges against them?
- Those in the military can seek a delay – legally called a stay – in
a disciplinary proceeding. This would last until they are no longer in
military service. The application for a stay must include:
• A letter stating that their military duty affects their
ability to appear. The letter must provide a date when they could be
available.
•
Communication from their commanding officer stating that the service
member’s military duty prevents their appearance. It must say that
military leave is not authorized at that time. See RCW 38.42.060
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