Appealing a DEL action

The information explaining how to review or appeal a DEL decision is broken into four sections for easier navigation. Below are the four sections and where you are located now:

  1. What may happen before formal action is taken? Before taking a formal action, the department can work to address concerns. Read More >
  2. Appealing a DEL action There are laws in place to protect the right to appeal certain DEL decisions to a hearing judge.
  3. Appeal rights after a hearing After a hearing judge hands down an initial decision, any party may request review by the DEL review judge. Read More >
  4. Hearing and DEL Review Judges Who are the hearing judges and DEL review judge, and what is their relationship with the Department? Read More >

Federal and state laws, and DEL regulations, protect a person’s or licensed child care provider’s right to a hearing to appeal certain decisions, such as when the department:

  • Denies, suspends, revokes or modifies a child care provider’s license for violating DEL regulations.
  • Imposes fines on child care providers for licensing violations.
  • Disqualifies a person from working in licensed child care, or from having unsupervised access to children, following a DEL background check.
  • Turns down a parent who applies for seasonal child care subsidies, changes the amount of the parent’s subsidy benefits, or assesses an overpayment.

What are the laws and regulations about appealing a DEL action?

Following are some of the laws and regulations that describe appeal rights:

What about parents and child care providers who get Working Connections Child Care (WCCC) subsidy payments. How do they appeal?

DEL writes the rules for Working Connections Child Care, WAC chapter 170-290, but the Department of Social and Health Services (DSHS) decides which parents are eligible for WCCC benefits. DSHS also decides when a parent or a child care provider who gets Working Connections subsidy money has been paid too much – this is called an overpayment. See WAC 170-290-0260.

Decisions about Working Connections eligibility and overpayments must be appealed under DSHS rules in WAC chapter 388-02. To request a hearing under the Working Connections subsidy program, carefully follow the steps in WAC 388-02-0085 through 388-02-0105.

How will I know when I have a right to appeal a DEL action?

In most cases, DEL will tell you when the department takes an action that you can appeal, and how soon you must appeal to preserve your rights. You will be given a hearing request form, instructions for how to complete the form and where to send it.

What do I need to do to appeal a DEL action?

You need to file and serve a request for a hearing, carefully following the steps in WAC 170-03-0030 through 170- 03-0090. See RCW 34.05.010(19) for what it means to “serve” or complete “service” of a request.

What happens when I submit a hearing request?

Your request must be filed with the Office of Administrative Hearings(OAH), a state agency that is separate from DEL. OAH will assign your request to hearing judge (also called an administrative law judge), an attorney who will hear your appeal. The judge will set one or more hearing dates for you to say – in writing and in person – why the DEL action should be changed. DEL will also have an opportunity to explain why the DEL action should not be changed. Some hearings may be done by telephone conference if appropriate. Sometime after the hearing, the administrative law judge will give an initial decision, also called an initial order.

How long does the hearing process take?

The hearing process may take a few weeks to several months, and in some cases more than a year. Each party in the case may submit papers to the hearing judge giving reasons why DEL’s action was or wasn’t correct, and the other side is given time to respond. As in a court case, each party can file various motions before the judge makes an initial decision. If either party believes a decision is needed quickly, they can ask the judge for an “expedited” decision. The person making the hearing request may also ask the judge for a “stay” to put the DEL action on hold temporarily.

What if I don’t like the hearing judge’s initial decision?

The hearing judge’s initial decision becomes a final decision if no one files a request for review within 21 days. The hearing judge will send you a form, called a Petition for Review, with the decision. See information about your appeal rights after the hearing.

Do I have any other options?

When DEL took the original action, the individual or child care provider could ask the department to reconsider the action. But if they also don’t request a hearing within 28 days after receiving notice of the DEL action, they may lose the right to appeal later on.

How much does it cost to request a hearing?

There is no cost to file a hearing request.

Do I need a lawyer for the administrative hearing process?

Hiring a lawyer is not required to request a hearing. At your expense, you may hire a lawyer or have anyone else help you prepare documents or represent you in the hearing before the hearing judge. The Office of Administrative Hearings or DEL does not provide you a lawyer.