How to ask for a reasonable accommodation of your disability from OAH

If you need to go to an administrative hearing, OAH may need to change the way it handles the hearing or contacts you to make sure you have the same chance to take part in your hearing as someone without disabilities.

If you need extra help from OAH to take part fully in its proceedings, you can ask OAH to change its rules or policies or give you help to meet the needs your disability creates. This is called requesting a reasonable accommodation of a disability.

Under state and federal law, OAH must approve your request for accommodation if it is reasonable and needed to meet your disability-created needs. OAH's refusal to "reasonably accommodate" that disability is discrimination.

*You don't need a diagnosis of a specific medical condition to have a "disability" under the law.

An accommodation is reasonable when it won't cost so much that OAH cannot afford it, or will take too much time or effort or really change how OAH does hearings or proceedings.

You must show OAH that you have a disability and that the accommodation you asked for is connected to your disability. For example: Jules asks to bring a guide dog to a hearing. Jules must show that they have a vision impairment and need a guide dog to help them.

Only if what you asked for is unreasonable and unnecessary. This could mean any of these:

• You don't need what you asked for.  It's not connected to your disability. Example: You ask OAH to schedule your hearing in the late afternoon. Your disability is vision impairment. A preference to have the hearing later in the day has nothing to do with your vision.

• What you asked OAH to do costs too much. They cannot afford it.

• It will take so much time or effort for OAH that it's too much of a burden.

• What you asked for will drastically change how OAH does things.

If OAH doesn't agree to the accommodation you asked for, OAH must show that what you asked for is unreasonable.  

Here are a few:

• Having an American Sign Language (ASL) interpreter or real-time transcription services if you are deaf or have hearing loss

• Getting paperwork in large print or Braille if you're blind or have vision loss

• Having a qualified reader read paperwork for you or providing audio recordings if you cannot read

• Having the hearing in a wheelchair-accessible room if you have a mobility impairment

• Having a hearing by phone instead of in-person if you have agoraphobia

• Taking breaks during the hearing (example: you need to move a lot due to back pain or can only concentrate for short periods)

• Having a hearing in the afternoon if a morning hearing would interfere with your medication schedule

• Appointing a lawyer for you if you cannot represent yourself in a hearing due to a mental disability, such as a developmental disability, traumatic brain injury, or mental illness. Example: Because of your disability, you don't understand what you read, follow instructions, concentrate, or communicate clearly

You can do it online at bit.ly/oah.wa.gov/.

You can also do it by phone by calling (360) 407-2700 or (800) 583-8271. TTY (hearing impaired) users dial 7-1-1 or 1-800-833-6388 for the Washington relay operator.

You don't have to tell OAH your specific medical diagnosis or disability. OAH may not ask for your specific medical diagnosis. But they can ask you to verify that you have a disability and need the accommodation you asked for. For example, OAH can ask you for a statement from your treating doctor that you have a disability and need the accommodation you asked for to take part fully in a hearing.  

Give OAH as much notice as you can of your need for accommodation. OAH may need time to meet your needs.

If you believe OAH wrongfully denied your request, contact their Americans with Disabilities Act Coordinator:

Office of Administrative Hearings

Attn: Americans with Disabilities Act Coordinator

PO Box 42488

Olympia, WA 98504-2488

(360) 407-2700 OR (800) 583-8271

You can also file a discrimination complaint with the Washington State Human Rights Commission:

Washington State Human Rights Commission

Olympia Headquarters Office

711 S. Capitol Way, Suite 402

Olympia, WA 98504-2490

Toll free: 1-800-233-3247

www.hum.wa.gov