The following is a brief summary of hearing procedure. The specific rules which govern the hearing procedure, which include many more details, can be found primarily at Chapter 34.05 RCW (the Administrative Procedure Act) and Chapter 10-08 WAC.

Any individual who is a party in an adjudicative proceeding may represent himself ("pro se") or, if the party is a corporation or other artificial person, by a duly authorized representative (RCW 34.05.428). Alternatively, any individual, corporation or other entity may be represented by an attorney. Pursuant to Washington Court Rules, General Rule 24(b)(3), out-of-state attorneys may represent any individuals, corporations or other entities in Washington adjudicative proceedings without involvement of a Washington attorney. This permission applies whether the parties are individuals/entities who reside/are headquartered within or outside Washington State.

The hearing will be conducted in a fairly formal manner; however, it will be as flexible as possible to accommodate the needs of the parties and any witnesses which may appear. You will be allowed to submit documents to support your position. Testimony may also be presented in the form of live witnesses, including the parties themselves; also, if requested, witnesses are allowed to testify over the telephone at the discretion of the administrative law judge.

The hearing normally begins with each party presenting an opening statement summarizing what they intend to prove; then each party presents its case-in-chief which includes presentation of documents and testimony, subject to cross examination by the opposing party; then the hearing concludes with each party presenting its closing arguments summarizing what they believe they have shown.

The administrative law judge is an individual who has not had any involvement with this case. The administrative law judge will hear and make the final decision in the case without any communication, input or review by the Insurance Commissioner or staff or any other individual who has knowledge of the case.

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