Resources and Glossary


Case Management System

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Rules and Statutes

Revised Code of Washington (RCW)

Washington Administrative Code (WAC)

Other Applicable Rules

Other Resources

Glossary of Terms

Continuance: A postponement of a hearing or other appeal deadline that delays or reschedules the date something is due to happen.

Date of receipt: The "date of receipt" of an order or decision is five business days after the date of mailing or the date of actual receipt, when the actual receipt can be proven by a preponderance of the evidence whichever is later. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing. Washington Administrative Code 371-08-335.

Declaration: A written statement that is signed and sworn to be true and correct under penalty of the perjury laws of the State of Washington.

Discovery: The process of exchanging information between parties before the hearing.

Dismissal: An order rejecting an appeal or ending the case.

Exhibit: A document used as evidence in a motion or hearing that contains or shows information relevant to the facts of a case. Examples of exhibits include papers, letters, reports, photographs, receipts, maps, etc.

File: The process of delivering the original appeal or other documents to the board.

Initial scheduling letter: A letter sent by the board to all the parties of a case soon after an appeal is filed that sets up a prehearing conference, establishes other important dates for a hearing, and gives additional directions for the parties to follow.

Motion: A request from a party for the presiding officer or the board to do something in a case (for example, to make a ruling or take some action before the hearing). The board's rule that applies to motions is Washington Administrative Code 371-08-450.

Oral argument: A conference attended by all parties and the board (either in person or by telephone or video conference) where parties present and explain the reasons supporting their positions on a motion and respond to questions from the board.

Parties: The people, businesses, agencies, or other entities who file an appeal, are named in an appeal, or who are allowed to participate in an appeal.

Prehearing: A telephone or video conference meeting with the presiding officer and all parties (and/or their lawyers) to discuss the case, set the hearing schedule, and determine the legal issues in the appeal.

Prehearing order: The document issued by the presiding officer after the prehearing that sets the hearing date and establishes the legal issues, deadlines, and other requirements that will govern the appeal.

Presiding officer: The administrative appeals judge or board member who conducts the hearing and all related conferences and regulates the course of the appeal.

Serve: The process of delivering a copy of an appeal, board order, or other document to all the parties in a case. Service can be completed by personally delivering, mailing, or faxing the documents. Service also can be done electronically if the receiving party agrees to it. If mailed to the proper address and with adequate postage, a document is considered served on the date it is mailed. Electronic service is complete when the document is uploaded successfully.

Stay: An action or order that delays or stops the effectiveness of an agency order for a certain amount of time, usually until the appeal is finished.

Witness: A person who testifies at a board hearing under oath about facts and other information based on personal knowledge or experiences related to the case.