Appeal rights after a hearing

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. Read More >
  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.
  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 >

After a hearing to appeal a DEL action, the hearing judge hands down an “initial decision.” The initial decision may be appealed by filing and serving a “petition for review” within 21 days after the initial order is mailed. Any party in the hearing – including DEL – can appeal the decision. Other decisions by the hearing judge may also be reviewed, such as a decision on a stay.

Submitting a petition for review means you think the hearing judge’s decision was wrong, and you want to ask the DEL review judge to change that decision. The petition must say why you think the hearing judge made the wrong decision, and must include the information in WAC 170-03-0590.

What do I have to do to ask the DEL review judge to review a hearing judge’s decision?

You need to file and serve a petition for review, carefully following the steps in WAC 170-03-0550 through 170-03-0640.

Who reviews the petition?

The petition goes to the DEL review judge. The review judge looks over all of the evidence, hearing testimony and materials from the original hearing judge’s records, and reviews the law and DEL rules. The review judge then decides whether or not the original hearing judge made the right decision. The review judge’s decision is called a “final DEL order.”

How do I find out more about the DEL review judge?

More information about the review judge and the judge’s relationship with DEL is available here.

How long does the review take?

A review may take a few weeks to several months. Each party in the case may submit papers to the review judge giving reasons why the original hearing decision 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 review judge makes a final decision. If either party believes action is needed quickly, they can ask the review judge for an “expedited” decision.

What if I don’t like the DEL review judge’s decision?

If any party - including DEL - is unsatisfied with the review judge’s decision, they may ask the judge to reconsider his decision.

Any party – except DEL – may appeal the review judge’s decision by filing a petition for judicial review to the courts. More information on appeals of the DEL review judge’s decisions may be found in Chapter 34.05 RCW, the Administrative Procedure Act.

How much does it cost to submit a petition for review?

There is no cost to file a request review of the hearing judge’s initial decision to the DEL review judge. If you appeal the review judge’s final DEL decision to the courts, the court may charge filing fees.

Do I need a lawyer for the review process?

Hiring a lawyer is not required to request review of an initial decision by the DEL review judge. At your expense, you may hire a lawyer or have anyone else help you prepare documents or represent you in the hearing review process. DEL does not provide you a lawyer. If you appeal the review judge’s final DEL decision to Superior Court you may represent yourself or you may be represented by a lawyer.

What if I need an interpreter?

If you ask for an interpreter, the DEL review judge will send a copy of the final DEL order to an interpreter who will translate the order orally, at no cost to you.