WAC 388-02-0360. May a party convert how a hearing is held?

(1) The parties have the right to request that: (a) A hearing format be converted (changed) to an in-person hearing or a telephone conference; or (b) A witness appear in person or by telephone conference. The OAH must advise you of the right to request a change in how a witness appears. (2) Except as provided in subsection (4) of this section, a party requesting a change in how a hearing is held must show a compelling reason. A party must also show a compelling reason to change the way a witness appears (in-person or by telephone conference). Some examples of compelling reasons are: (a) A party does not speak or understand English well. (b) A party wants to present a significant number of documents during the hearing. (c) A party does not believe that one of the witnesses or another party is credible, and wants the ALJ to have the opportunity to see the testimony. (d) A party has a disability or communication barrier that affects their ability to present their case. (e) A party believes that the personal safety of someone involved in the hearing process is at risk. (3) A compelling reason to convert how a hearing is held can be overcome by a compelling reason not to convert how a hearing is held. (4) In public assistance cases, a party has the right to request that a hearing be changed without showing a compelling reason to the ALJ. Public assistance programs include: (a) Temporary assistance for needy families (TANF); (b) Working connections child care; (c) Disability lifeline; (d) Medical assistance; (e) Food assistance; and (f) Refugee assistance.