WAC 388-825-155   What are my appeal rights if I am appealing a decision to transfer me from a state residential habilitation center to the community?  (1) The procedures in RCW 71A.10.050(2) and 71A.20.080 govern the proceeding.

     (2) You have thirty days from date that you receive notice to request an administrative hearing appealing the department's decision to transfer you from a residential habilitation center to the community under RCW 71A.20.080.

     (3) The department will take no action to transfer you from a state residential habilitation center to the community under RCW 71A.20.080 during the period that an appeal can be requested or while an appeal is pending and undecided unless you or your legal representative consent, or a court order authorizes the transfer, or an administrative law judge or review judge rules that you are not diligently pursuing your appeal.

     (4) The burden of proof is on the department.

     (5) The burden of proof is whether the proposed placement is in your best interest.



[Statutory Authority: RCW 71A.12.030, 71A.20.080, and Title 71A RCW. 06-10-055, § 388-825-155, filed 5/1/06, effective 6/1/06. Statutory Authority: RCW 71A.12.030, 71A.12.120. 05-17-135, § 388-825-155, filed 8/19/05, effective 9/19/05.]