We will hold and record your hearing at our Tumwater, Washington location. At the hearing, you will present testimony and evidence to the presiding officer deciding your case. An attorney working for our Legal Affairs division will represent the commissioner at the hearing.
You can start by explaining what you plan to prove. You and any witnesses will give testimony under oath, and our attorney and the presiding officer may ask questions. If you have documents or statements to support your case, you can submit them to the presiding officer. At the end of the hearing, you can summarize what the evidence shows and what you want to happen.
To learn how to present your case and get the testimony and evidence you need, read the sections below.
If you have other questions or concerns, contact the Administrative Hearings unit at 360-725-7002.
Attending the hearing and hiring an attorney
If you don't go to your hearing, you may be held in default and lose your case. You can represent yourself or hire an attorney. If you can't attend the hearing in person, ask the presiding officer (at the prehearing conference) if you can attend remotely.
Corporations and other entities can choose an attorney or an authorized representative, such as a corporate officer, to represent them. You can also use an out-of-state attorney instead of one from Washington (Washington Court Rules, General Rule 24(b)(3).
If you need help at the hearing due to difficulty with language or disability, you can request an accommodation for free. Contact the Administrative Hearings unit at 360-725-7002 for more information.
What you'll need to prove
If you're appealing a disciplinary action, we need to prove it is reasonable. This includes showing the facts and how you broke the law. You should bring evidence against the charges and evidence of your good character and conduct or mitigation and rehabilitation.
In non-contested cases, such as applications the commissioner needs to approve by law, you need to show that you meet the legal requirements.
Evidence you'll need
In addition to your testimony, you may want witnesses to testify for you. If a witness needs to testify by phone, you can ask the presiding officer for permission in advance.
To help prove your argument, you may submit documents like contracts, business records or checks. You'll need to leave them with the presiding officer, so make sure to bring the original and two copies. If necessary, you can use copies instead of the originals.
How to get the records you need
You can ask the presiding officer to subpoena records from individuals, businesses and government agencies. You should request a subpoena during a prehearing conference or well before the hearing.
How to get a witness to testify
Witnesses usually choose to attend hearings. If a witness needs to testify by phone, you can ask the presiding officer for permission in advance. If the witness doesn't want to testify, ask the presiding officer to subpoena the witness well before the hearing. The presiding officer will only speak to a witness at the hearing.
Bringing letters instead of witnesses
We recommend having witnesses, but sometimes you may use letters and other documents as evidence. Make sure any letters or statements from witnesses are dated and signed. If they're not, you may face perjury charges.