What is an Administrative Appeal?

State agencies issue decisions or orders in response to claims filed by individuals such as worker’s compensation or unemployment benefits. If you disagree with the order made by the agency in response to your claim at the initial administrative hearing, you may appeal the decision within the agency. (Each agency specifies the process for filing the appeal within the agency.) If the appeal within the agency is not favorable, you may appeal the decision to a state Superior Court.

What Laws Govern Administrative Appeals?

The Administrative Procedures Act, RCW 34.05, governs appeals of state administrative agencies. Sections 510 through 598 discuss Judicial Review and Civil Enforcement. These sections of the state code cover where the Petition for Review is filed, the time for filing, the contents of the petition, and other procedural information.

However, the Administrative Procedures Act does not cover appeals from a local government or municipal corporation. (see Washington Administrative Law Practice Manual §14.01.)

How to Proceed:

The state agency issues a letter containing the final order giving specific instructions for proceeding with the appeal, if you choose. The Northwest Justice Project has written two guides for appealing decisions. One is for appeal of orders from the Employment Security Department for denial of unemployment benefits and the other is for appeal of orders from the Department of Social and Health Services for denial of public assistance benefits.
The publication How to Petition for Superior Court Review talks about how to proceed after the fair hearing has been held.

These guides provide forms and instructions, including the Petition for Review, which may be used for filing in Superior Court. The guides discuss what you can expect in the process. In addition, the Northwest Justice Project has written “How to Represent Yourself at an Unemployment Compensation Benefits Hearing”. Although this publication is written specifically for unemployment compensation benefits hearing, much of the advice would apply to other agency hearings as well.

The amount of information published by the individual agency on its website varies from agency to agency. Often information relating to the appeal process is contained in a section of Frequently Asked Questions. Below is a list agencies who commonly issue orders and their web sites discussing the appeals process.

Helpful Information on the Internet

Northwest Justice Project

Employment Security Department
Your right to appeal

Board of Industrial Insurance Appeals

Department of Licensing
DUI hearing

Driver licensing hearings and interviews

Helpful Books

Washington Administrative Code, KFW 34 .A2 W37, Title 10. Office of Administrative Hearings. Chapter 10-04 covers agency organization and publication; chapter 10-08 covers model rules of procedure.

Washington Administrative Law Practice Manual, KF 5402 .W37 1991 ch. 10

Washington Lawyers Practice Manual, KF 300 .W27 1986, vol. 7, ch. 20, §§8, 11

Workers’ compensation manual: a guide to claims adjudication in Washington State, KF 3615 .Z99 W34