Division II: Pal's Vulnerable Adult Finding Challenge Lives to See Another Day Thanks to Procedural Irregularity by DSHS
Any time I see a name like Pal, I get a warm and fuzzy feeling. This case wants to be my friend, right? Only now we have DSHS involved, and I have a sneaky feeling this case won’t be fun and warm and fuzzy.
Sure enough, this is a vulnerable adult case. But really its an administrative law case. Pal did challenge a finding that she neglected an adult in her care. She did it, however, after the 5:00 PM cutoff via fax, and she did not mail it the same day she faxed it.
Now, normally that would be enough. But here, DSHS failed to notify her of the deadline, and violated her due process. The Court also noted that that ALJ can still exercise jurisdiction, because the fax request was actually received.
It seems a bit of a stretch on the second basis. It was actually received, but it was received late. As to the first, you can’t claim procedural irregularities when you engage in them yourself. Its only fair. If things are due by 5, you need to put by 5 so people don’t assume they have the whole day.
Pal can challenge!