You may represent yourself ("pro se") throughout the administrative process or hire an attorney to do so. If you choose to represent yourself, please see our Pro Se Handout (PDF, 254.63 KB). The Office of the Insurance Commissioner (OIC) does not make attorney recommendations or provide legal advice.
A party that is a corporation or other entity may be represented by a duly authorized representative, such as an officer of the corporation or by an attorney. Out-of-state attorneys may represent an individual or entity in an administrative proceeding without a Washington attorney.
The two most important things you can do to prepare for your pre-hearing conference and hearing at OIC are to ensure you have a good internet or phone connection and show up.
Attendance at the pre-hearing conference and subsequent hearings is mandatory for the parties. If a party does not attend the pre-hearing conference, the presiding officer may dismiss the hearing request or enter a default order against the party.
If you require assistance at the hearing due to difficulty with language or disability, contact the Administrative Hearings unit at 360-725-7002 or hearingsu@oic.wa.gov so accommodations can be provided at no cost to you.
The Prehearing Conference
The prehearing conference (PHC) is normally held by telephone or Zoom and lasts between 15 to 30 minutes. The call is recorded and is a part of the official case record. No discussions about evidence or the merits of the case will occur, nor will any final decisions be made in this hearing.
The PHC will go over:
- Procedures to be followed before, during and after the hearing,
- Issues or concerns that may arise while preparing for the hearing,
- Setting deadlines for filing any motions and lists of witnesses and
- Evidence to be presented at the hearing, and scheduling the hearing date, with an effort to accommodate the needs of all parties.
Additional prehearing conferences may be requested as issues or concerns arise in preparation for the hearing.
Participants in the conference include:
- You and/or your representative,
- An attorney employed by the OIC’s Legal Affairs division who appears on behalf of the insurance commissioner,
- The presiding officer.
All hearings are open to the public and may include observers.
After the hearing, all parties will receive a Prehearing Conference (PHC) Order by email with the dates and deadlines of the case clearly outlined, including the evidentiary hearing date. After receiving the PHC Order, you have ten (10) days to appeal if you disagree with the order.
What to expect at the hearing
An administrative hearing is similar to a court trial, although less formal. The goal is for the presiding officer to be presented with all pertinent information necessary to make the appropriate decision.
The participants in the hearing are the same as those in the Prehearing Conference.
Generally, hearings follow this process:
Each party presents an opening statement summarizing the nature of the case and what they intend to prove.
Each party presents evidence, which normally includes documents and testimony. Witnesses give their testimony under oath and are subject to cross-examination by the other party. You may be a witness for yourself, although it is not required.
The hearing concludes with each party presenting their closing arguments summarizing what they believe the evidence has shown. Sometimes the presiding officer will ask the parties to present additional written arguments or evidence following a hearing.
The presiding officer issues a written decision within 90 days of receiving all the evidence and closing the hearing. The decision includes, the Findings of Fact, Conclusions of Law and a Final Order.
The decision may:
- Uphold the original action of the commissioner.
- Modify the action of the commissioner.
- Set aside the original action of the commissioner.
- In the case of a producer license application that requires a hearing, the decision will approve or disapprove the application.
The decision of the presiding officer may be reviewed by a Superior Court if a party files a petition for review within 30 days of the final decision being emailed.
Read RCW 34.05.542 for more information on filing a petition for review.
What you need to prove
If you are appealing a disciplinary action of the commissioner, the Office of the Insurance Commissioner proves the factual allegations against you by a preponderance of the evidence. You may desire to present your own evidence to rebut the claims made by the OIC. Rules for what evidence is admissible can be found in RCW 34.05.452 and admissibility will be determined by the Presiding Officer.
In non-contested cases, such as applications for which approval of the commissioner is required by statute, the applicant must show the statutory criteria for approval are met.
What evidence you will need
In addition to your testimony, you may want to have witnesses who know about the relevant issues testify on your behalf. This testimony is typically given via telephone or video teleconference.
Documents such as contracts, business records, or checks may also be submitted to help support your argument. Any document that is submitted into evidence will be included in the hearing record. If the hearing is in person you will need to bring at least two copies.
How to request records
If you cannot get the records you need, you can ask the presiding officer to subpoena records from individuals, businesses and government agencies. Make your request for a subpoena during the prehearing conference or as far in advance of the hearing as possible.
How to request witnesses
Usually, witnesses appear voluntarily. If the witness is unwilling to attend the hearing, you must ask the presiding officer to issue a subpoena to the witness as far in advance of the hearing as possible. The presiding officer will not speak to a witness except at the hearing itself.
Having witnesses is preferred, but letters and other documents may be admitted in evidence for limited purposes. If you or your representative submits a letter or statement from a witness, it should be dated and signed under penalty of perjury.