WAC 170-290-0260  Do I have the right to ask for a hearing about my WCCC benefits and how do I ask for one?

1. WCCC consumers have a right to request a hearing under chapter 388-02 WAC on any action affecting WCCC benefits except for mass changes resulting from a change in policy or law.

2. Child care providers can request hearings under chapter 388-02 WAC and RCW 43,20B.675 only for WCCC overpayments.

3. To request a hearing the consumer or provider:

   1. Contacts the office which sent them the notice; or

   2. Writes to the Office of Administrative Hearings, PO Box 42489, Olympia WA 98504-2488; and

   3. Makes the request for a hearing within:

      1. Ninety days of the date a decision is received for consumers; or

      2. Twenty-eight days of the date a decision is received for providers (per RCW 43.20B.675).

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 170-290-0265  When can I get WCCC benefits pending the outcome of a hearing?

1. If you are a WCCC consumer, you can receive WCCC pending the outcome of a hearing if you request the hearing:

   1. On or before the effective date of an action; or

   2. No more than ten days after we send you a notice of adverse action. "Adverse action" means an action to reduce or terminate your WCCC, or to set up a protective payee to receive your WCCC warrant for you.

2. If you lose a hearing, any WCCC you use between the date of the adverse action and the date of the hearing or hearing decision is an overpayment to you, the consumer.

3. If you are a WCCC consumer, you may not receive WCCC benefits pending the outcome of a hearing if you request payment to a provider who is not eligible under WAC 170-290-0125.

4. If you are eligible for WCCC, you may receive child care benefits for another eligible provider, pending the outcome of the hearing.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Carrie became ineligible for care on 5/15. Care was terminated correctly before the original eligibility end date, which was 6/30. Carrie requested a hearing timely. Care can be extended to the original eligibility end date but not beyond.

Shawn submitted a reapplication for services beginning 7/1. The reapplication was processed and we determined the client would no longer be eligible as of the original eligibility end date, 6/30. Shawn filed for a hearing timely. Eligibility is not extended past the original end date.