How to Petition for Superior Court Review
by: Northwest Justice Project
This publication is about Superior Court review of an administrative decision relating to public assistance benefits.
Introduction
If you disagree with the final fair hearing decision, you may appeal your case to a state Superior Court. The appeal is called a "Petition for Judicial Review of an Administrative Decision." Your appeal can be filed in either the Superior Court of the county where you live or in Thurston County Superior Court in Olympia. There is no charge for filing a petition for review from an administrative decision regarding a public assistance program (see RCW 74.08.080(3)).
This publication explains when and how you can petition the court for review of your fair hearing decision. This is not an easy process. Do not get discouraged. You may need to read this several times or ask someone about it. The laws regarding petition for judicial review can be found in RCW 34.05.510 through .598. If you are low-income, you may also get free advice from an attorney or paralegal by calling our CLEAR hotline at 1-888-201-1014. In King County call 206-464-1519.
This publication includes links to a Petition for Review of an Administrative Decision form and a Declaration of Service form for you to use in MS Word format. Alternatively, you can print the entire publication including the forms in Adobe PDF format and fill them out by hand.
What is the deadline for filing a Petition for Review?
A petition for review must be filed and served within thirty (30) days of the final administrative decision. The instructions below explain what the Petition must say, how and where to file it, who must receive copies of the petition (service), and how to serve it.
What are the general rules about Petitions?
As a general rule, you can only raise issues and arguments in your petition that you raised at the fair hearing. There are a few exceptions to this rule, including new facts that you could not have discovered before, if you are challenging a DSHS rule (WAC), or if you were not notified of the fair hearing. For more information about raising new issues, see RCW 34.05.554.
Similarly, you cannot put new evidence (facts) into the record except in very limited circumstances. Generally, the "record", i.e. the facts the Judge reviews, is limited to testimony and documents filed as part of the fair hearing process. You can sometimes add new facts if they are facts you could not have discovered earlier, or if the judge or DSHS improperly kept the facts out of the record. If important facts are missing, the court can "remand" (send back) the case to get those facts. For more information on new evidence, see RCW 34.05.562.
If you are arguing that a DSHS rule is invalid, you must prove specific reasons for that. See RCW 34.05.570 (2).
The burden will be on you to prove your case. The court will change the decision for limited reasons only. Those reasons are listed on the attached form petition for review on page two, section 6, a. - i.
What is contained in the Petition?
The Petition must include the following information. If at all possible, you should type your petition. If not, print neatly. We have put as much of this information as we could on the attached Petition form:
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The name and mailing address of the petitioner (you are the petitioner so it would be your name and address);
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The name and mailing address of the agency whose decision you disagree with (this is printed on the attached form);
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A statement identifying the decision you are appealing by agency (DSHS), type (usually "Review Decision" or "Initial Decision"), issuing agency (usually Board of Appeals or Office of Administrative Hearings), the date it was issued, and the docket number (this number is on the upper right-hand side of the first page of the decision).
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Identification of the parties in the fair hearing (usually you and DSHS);
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A statement that says the Petition is timely filed with the proper court, that you have exhausted the administrative remedies, and that you are the person who is aggrieved by the decision that you are appealing (this is printed on the attached form).
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State the reasons (in the blank lines provided) why you think the decision is wrong. If you need more room, write "see attached" in these lines, then attach an extra sheet titled "Petition, Paragraph 6".
- State what you are asking the court to do. Examples of specific relief are:
a) "I ask the court to reverse the administrative decision and grant me TANF benefits"; or
b) "I ask the court to reverse the administrative decision and reinstate my GA-U benefits back to January 1, 2007"; or
c) "I ask the court to change the administrative decision and grant my request for waiver of the overpayment."
8. Attach a copy of the fair hearing (initial) and review decisions (in some cases, the initial decision is the final decision and there will not be a review decision).
How do I file the Petition?
Make three copies of your Petition for Review, including the copy of the Initial Decision and Review Decision you attached.
File the original with the Clerk of the Superior Court. You may file it either in your own county or in Thurston County. The Clerk will stamp it with a number. Put that number on the three copies, too. There is no charge for filing the petition.
How do I serve the Petition?
You must file your petition for judicial review with the court. You must serve copies of your petition on DSHS, the office of the attorney general, and all other parties. To serve DSHS, you must deliver a copy of the petition to the DSHS Board of Appeals (BOA). You may hand deliver the petition or send it by mail that gives proof of receipt. The physical location of the BOA is: Blake Office Bldg. East, 2nd Floor, 4500 10th Ave. SE, Lacey, WA 98503. The phone numbers are, in Olympia: (360) 664-6100, toll free: 1-877-351-0002, or TTY: (360) 664-6178. The mailing address of the BOA is: DSHS Board of Appeals, PO Box 45803, Olympia, WA 98504-5803.
To serve the office of the attorney general and other parties, you may send a copy of the petition for judicial review by regular mail. You may serve the office of the attorney general by hand delivery to: Office of the Attorney General, 7141 Cleanwater Dr SW, Tumwater, WA 98504.
The mailing address of the attorney general is: Office of the Attorney General, P.O. Box 40124, Olympia WA 98504-0124.
Keep the Post Office's proof that you mailed the envelope. Remember, your Petition for Review of an Administrative Decision must be filed and served within thirty (30) days of the date of the final administrative decision. Whether you serve in person or by mail, DSHS and the Attorney General must receive the petition by the deadline.
Keep the final copy of the Petition for yourself.
How do I prove that the Petition was served?
Save the post office receipt(s) showing delivery for proof of any documents you serve by mail. For any documents you have someone hand deliver, you must have that person sign a "Declaration of Service". A declaration is a statement from the person who served the petition that she or he did in fact deliver the petition.
What happens after I have filed the Petition?
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The Record - In about a month, you will receive a copy of the documents and decisions from your fair hearing and the review. You also have a right to a copy of the transcript (which is a typed-out version of the hearing itself, including testimony of witnesses), and you may ask for it. It's a good idea to get the transcript if you think that the facts are not correctly stated in the decision. You may not need it if you agree with the facts as written. When you get the letter about the transcript, it will tell you how to get a copy of it. If you are low income, you will not have to pay for the transcript.
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The State's Representative - An assistant attorney general (AAG) will represent DSHS and will send you a "Notice of Appearance" that tells you who the AAG is and the address and phone number. After you receive this notice of appearance you must send a copy of any further papers that you file with the court to this AAG. This is your first chance to try and settle the case with the state's lawyer (the AAG.) You may call her or him and talk about why you think the Fair Hearing Decision is wrong. You might be contacted by the AAG as well. The AAG represents DSHS and can not give you legal advice.
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Setting Your Case for Trial - Next, you will need to set your case for a hearing in the Superior Court so a judge can hear and decide the case. Every county does this differently, and your county's court Clerk will tell you how it's done there. Go to the Clerk of the Superior Court where you filed your case and tell the Clerk that you want to set your case for hearing by a judge. The paper that you will need to complete will probably be called a "Note (or Notice) for Trial Setting". The Clerk will have the proper form. You need to complete the form and mail a copy of this completed document to the AAG who is representing DSHS. Remember, always file the original with the Clerk of the court and send a copy to the other party and keep a copy for yourself.
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Settlement Negotiations - You may try to settle your case, if you want to, before or after setting the case for trial, by contacting the AAG and discussing it. If you are able to negotiate a settlement that is satisfactory to you, be sure that it is put into writing so the agreement can be signed by both of you and filed in the court file. If you are able to settle the matter, your written agreement should tell the Court that the matter is resolved and that your case should be dismissed.
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The Trial: Proceeding if Settlement Fails - If you are unable to settle your case, then your case will be going to trial unless you decide not to go forward and choose to dismiss it. You will need to go to the court on the scheduled date and tell the judge why you think that you should get the relief you've asked for. (see above for examples of relief). The burden is on you to prove what DSHS did was wrong. Review the information in the section called "General Rules", above. If you can, review the laws that apply to your case. Tell the judge why you believe the law and/or rules support your claim. You will not be able to bring witnesses or introduce new evidence. The judge's decision will be based on the evidence that was presented at the fair hearing by both you and DSHS and the reasons that you've given the judge as to why you believe you should win.
How can I get help?
If you want a lawyer to help you and you are low income you can contact CLEAR at 1-888-201-1014 and ask if there are any referrals to a lawyer who will not charge you. CLEAR may be able to make a referral if there are any available. Even if there is not a referral available, CLEAR can give you legal advice regarding your case. Also, some lawyers offer a free consultation and advertise this in the yellow pages of your local phone book. Sometimes lawyers will take these types of cases because if they win the case they can get attorneys' fees from the losing party (the State.)
Petition for Review of an Administrative Decision form and a Declaration of Service form
7917EN
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.
This information is current as of the date of its printing, November 2006.
© 2006 Northwest Justice Project.
1-888-201-1014, TTY 1-888-201-9737
(Permission for copying and distribution granted to the Alliance for Equal Justice and individuals for non-commercial use only.)
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