Washington Code 71A.12.240 – Community protection program — Appeals — Rules — Notice
Current as of: 2023 | Check for updates
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(1) Individuals receiving services through the department‘s community protection waiver retain all appeal rights provided for in RCW 71A.10.050. In addition, such individuals have a right to an administrative hearing pursuant to chapter 34.05 RCW to appeal the following decisions by the department:
Terms Used In Washington Code 71A.12.240
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of social and health services. See Washington Code 71A.10.020
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Secretary: means the secretary of social and health services or the secretary's designee. See Washington Code 71A.10.020
- services: means services provided by state or local government to carry out this title. See Washington Code 71A.10.020
(a) Termination of community protection waiver eligibility;
(b) Assignment of the applicant to the community protection waiver;
(c) Denial of a request for less restrictive community residential placement.
(2) Final administrative decisions may be appealed pursuant to the provisions of RCW 34.05.510.
(3) The secretary shall adopt rules concerning the procedure applicable to requests for hearings under this section and governing the conduct thereof.
(4) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060. The notice must include a statement advising the person enrolled on the community protection waiver of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice must also include a statement advising the recipient of the right to file a petition for judicial review of a final administrative decision as provided in chapter 34.05 RCW.
(5) Nothing in this section creates an entitlement to placement on the community protection waiver nor does it create a right to an administrative hearing on department decisions denying placement on the community protection waiver.
[ 2006 c 303 § 5.]