3A.05.040 Adjudicative proceeding to dispute a determination of overpaid wages.
(1) As used in this section, "director" shall mean the director of the department of finance or his or her designee.
(2) Any non-represented employee wishing to dispute a determination of overpaid wages pursuant to RCW 49.48.210(5) and as the same may be hereafter amended may request an adjudicative proceeding before the hearing examiner in the manner set forth below.
(3) Applications for adjudicative proceedings shall be processed pursuant to the provisions of chapter 2.02 SCC except as otherwise provided by this section.
(4) The employee’s application for an adjudicative proceeding must:
(a) Be in writing;
(b) State the basis for contesting the overpayment notice;
(c) Include a copy of the director’s notice of overpayment; and
(d) Include a copy of the director’s decision on review of the employee’s challenge to the overpayment notice.
(5) The application for adjudicative proceeding must be served on the director within 28 calendar days of the employee’s receipt of the director’s decision following review of the employee’s challenge under chapter 49.48 RCW and as the same may be hereafter amended.
(6) The employee must serve the director with the application for adjudicative proceeding by certified mail, return receipt requested.
(7) Once the employee has notified the director that he or she wishes to appeal the director’s review decision, the director shall transmit the employee’s application for an adjudicative proceeding (request for hearing) to the office of hearings administration (OHA) within three business days after receiving it from the employee.
(8) In any wage overpayment matter that is appealed, the director shall provide OHA with the following information:
(a) The name of the director’s contact in the matter and any contact information;
(b) The name of the employee and any contact information, including address and telephone number;
(c) The name and address of the director’s designee where the file should be sent after OHA closes the adjudicative proceeding.
(9) Within five business days of receipt of the employee’s request for hearing, the director shall also transmit to OHA the relevant case file, including documents which the director intends to use as exhibits in the hearing. The case file and documents may be transmitted to OHA together with the request for hearing. If the case file and documents are exceptionally voluminous, the director should contact OHA for instructions before transmitting them.
(10) The OHA shall issue notice of hearing to the employee and the director pursuant to SCC 2.02.125.
(11) Either party may request a prehearing conference.
(12) The hearing may be held telephonically at the discretion of the hearing examiner unless the rights of the parties will be prejudiced thereby.
(13) The hearing examiner shall hear the evidence presented by both the employee and the director regarding the wage overpayment. The hearing examiner shall decide based upon that evidence whether a wage overpayment has occurred and, if so, shall determine the amount, if any, of the overpayment of wages received by the employee.
(14) If the employee fails to attend or participate in the adjudicative proceeding, upon a showing of valid service of the notice of hearing, the hearing examiner may enter an order declaring the amount claimed in the notice sent to the employee after the director’s review of the employee’s challenge to the overpayment to be assessed against the employee and subject to collection action by the director as provided in RCW 49.48.200 and as the same may be hereafter amended.
(15) The decision of the hearing examiner in any wage overpayment adjudicative proceeding shall be considered a final order. Judicial review of the hearing examiner’s decision may be sought pursuant to SCC 2.02.195. (Added by Ord. 14-061, Aug. 20, 2014, Eff date Sept. 7, 2014).