WAC
415-501-510 and Section 457 of
the Internal Revenue Code authorize distributions from the deferred
compensation plan due to an unforeseeable emergency. If your application for a
pay out is denied, you are entitled to have that decision reviewed.
(1)
Filing deadline. You must
apply for review in writing within sixty days of the date you receive the
denial.
(2)
Contents of
review application. Your application must contain the items listed in
WAC
415-08-023.
(3)
Type of proceeding. Within
twenty days of receipt of your application, the department will notify you in
writing that it will conduct either:
(a) A
brief adjudicative proceeding under
RCW
34.05.482 through
34.05.494; or
(b) A full adjudicative proceeding under this
chapter.
(4)
Brief
adjudicative proceeding.
(a) The
director's designee will serve as presiding officer. The presiding officer
will:
(i) Review the agency's view of the
matter, as expressed in the documentation denying your request for a
withdrawal;
(ii) Review the
materials you have previously submitted, as well as any additional material you
wish to submit;
(iii) Give each
party an opportunity to be informed of the other's view of the
matter;
(iv) Make a decision on the
request; and
(v) Within ten days,
give the parties a brief written statement of the reasons for the decision and
information about any internal review available.
(b) If the presiding officer makes an
unfavorable determination in your case, you may request an administrative
review provided you do so within twenty-one days after you are served with the
presiding officer's written determination. If you seek administrative review,
the reviewing officer will be a different person than the presiding
officer.
(c) If you do not seek
administrative review, you may seek judicial review within thirty days after
you are served with the written determination (see
RCW
34.05.542 ).
(5)
Full adjudicative
proceeding. If the department conducts a full adjudicative proceeding,
that proceeding will be governed by the Administrative Procedure Act
(
chapter
34.05 RCW), and rules
adopted thereunder; and chapters
10-08 and
415-08 WAC. The department will be
represented in the proceeding by an assistant attorney general.
