Wash. Rev. Code » Title 34 · Chapter 34.05
Revised Code of Washington

Wash. Rev. Code § 34.05.440 (2026)

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✓ current as of May 2026
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(1) Failure of a party to file an application for an adjudicative proceeding within the time limit or limits established by statute or agency rule constitutes a default and results in the loss of that party's right to an adjudicative proceeding, and the agency may proceed to resolve the case without further notice to, or hearing for the benefit of, that party, except that any default or other dispositive order affecting that party shall be served upon him or her or upon his or her attorney, if any.
(2) If a party fails to attend or participate in a hearing or other stage of an adjudicative proceeding, other than failing to timely request an adjudicative proceeding as set out in subsection (1) of this section, the presiding officer may serve upon all parties a default or other dispositive order, which shall include a statement of the grounds for the order.
(3) Within seven days after service of a default order under subsection (2) of this section, or such longer period as provided by agency rule, the party against whom it was entered may file a written motion requesting that the order be vacated, and stating the grounds relied upon. During the time within which a party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or conduct them without the participation of that party, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings.
[ 1989 c 175 s 16; 1988 c 288 s 411.]

Notes:

Effective date—1989 c 175: See note following RCW 34.05.010.
Notes of Decisions
Cited in 16 cases (6 in the last 5 years), 1995–2026 · leading case: Graves v. Emp. Sec. Dep't, 144 Wash. App. 302 (Wash. Ct. App. 2008).
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Graves v. Emp. Sec. Dep't, 144 Wash. App. 302 (Wash. Ct. App. 2008). · cites it 4× “RCW 34.05.440. 7 In addition, the ALJ ordered Graves to repay all benefits he had received previously.”
Union Bay Pres. Coal. v. COSMOS DEVELOP., 902 P.2d 1247 (Wash. 1995). “437 (a party filing a pleading or other paper must "serve copies on all other parties"); RCW 34.05.440(2) (the presiding officer to "serve upon all parties a default or other dispositive order" where a "party fails to attend or participate in a hearing"); RCW 34.”
Union Bay Pres. Coalition v. Cosmos Dev. & Admin. Corp., 127 Wash. 2d 614 (Wash. 1995). “437 (a party filing a pleading or other paper must "serve copies on all other parties”); RCW 34.05.440(2) (the presiding officer to "serve upon all parties a default or other dispositive order” where a "party fails to attend or participate in a hearing”); RCW 34.”
Graves v. Dep't of Emp. Sec., 182 P.3d 1004 (Wash. Ct. App. 2008). · cites it 4× “RCW 34.05.440. [7] In addition, the ALJ ordered Graves to repay all benefits he had received previously.”
Aqeel W. Al Darraji, V State Of Washington (Wash. Ct. App. 2024). · cites it 3× “85680-4-I the ALJ entered an order of default and dismissed Al Darraji’s appeal pursuant to RCW 34.05.440. Al Darraji timely filed a petition for review of the ALJ’s dismissal order to the Commissioner’s Review Office (CRO) and a motion to vacate the default order.”
State Of Washington v. Said Farzad (Wash. Ct. App. 2017). · cites it 2× “The notice stated, "Parties who fail to attend or participate in a hearing or other stage of an adjudicative proceeding may be held in default in accordance with RCW 34.05.440." Farzad attended the hearing 2 No.”
Tacoma Police Dep't v. Hong Mei Zhen (Wash. Ct. App. 2021). · cites it 2× “Under RCW 34.05.440(3), a party against whom a default order has been entered may file a motion to vacate the default order within seven days after service of the default order.”
Tamara Love v. Emp. Sec. Dept. (Wash. Ct. App. 2025). · cites it 2× “RCW 34.05.440(2). The party may move to vacate the default order.”
Janet Saarela v. State Of Washington Dep't Of Soc. & Health Servs. (Wash. Ct. App. 2014). · cites it 2× “11 RCW 34.05.440(1). 12 WAC XXX-XX-XXXX(6). -5- NO.”
Daljit Dhaliwal v. Dshs (Wash. Ct. App. 2018). “" RCW 34.05.440(1). As evidenced by both chapter 26.”
Rita Cagliostro, V. Dshs (Wash. Ct. App. 2021). “” RCW 34.05.440(1). The Department of Social and Health Services requires a party request an administrative hearing within 45 days of DVR’s decision.”
Laurie Englund, V. State Of Wa Emp. Sec. Dept. (Wash. Ct. App. 2024). “RCW 34.05.440(2) (emphasis added). However, nothing in the Act requires the presiding officer to do so.”
Show all 16 citing cases →
— Wash. Rev. Code § 34.05.440(1) — 3 cases
Daljit Dhaliwal v. Dshs (Wash. Ct. App. 2018). “" RCW 34.05.440(1). As evidenced by both chapter 26.”
Rita Cagliostro, V. Dshs (Wash. Ct. App. 2021). “” RCW 34.05.440(1). The Department of Social and Health Services requires a party request an administrative hearing within 45 days of DVR’s decision.”
Janet Saarela v. State Of Washington Dep't Of Soc. & Health Servs. (Wash. Ct. App. 2014). “11 RCW 34.05.440(1). 12 WAC XXX-XX-XXXX(6). -5- NO.”
— Wash. Rev. Code § 34.05.440(2) — 10 cases
Graves v. Emp. Sec. Dep't, 144 Wash. App. 302 (Wash. Ct. App. 2008). “RCW 34.05.440. 7 In addition, the ALJ ordered Graves to repay all benefits he had received previously.”
Union Bay Pres. Coal. v. COSMOS DEVELOP., 902 P.2d 1247 (Wash. 1995). “437 (a party filing a pleading or other paper must "serve copies on all other parties"); RCW 34.05.440(2) (the presiding officer to "serve upon all parties a default or other dispositive order" where a "party fails to attend or participate in a hearing"); RCW 34.”
Union Bay Pres. Coalition v. Cosmos Dev. & Admin. Corp., 127 Wash. 2d 614 (Wash. 1995). “437 (a party filing a pleading or other paper must "serve copies on all other parties”); RCW 34.05.440(2) (the presiding officer to "serve upon all parties a default or other dispositive order” where a "party fails to attend or participate in a hearing”); RCW 34.”
Graves v. Dep't of Emp. Sec., 182 P.3d 1004 (Wash. Ct. App. 2008). “RCW 34.05.440. [7] In addition, the ALJ ordered Graves to repay all benefits he had received previously.”
Aqeel W. Al Darraji, V State Of Washington (Wash. Ct. App. 2024). “85680-4-I the ALJ entered an order of default and dismissed Al Darraji’s appeal pursuant to RCW 34.05.440. Al Darraji timely filed a petition for review of the ALJ’s dismissal order to the Commissioner’s Review Office (CRO) and a motion to vacate the default order.”
— Wash. Rev. Code § 34.05.440(3) — 4 cases
Graves v. Emp. Sec. Dep't, 144 Wash. App. 302 (Wash. Ct. App. 2008). “RCW 34.05.440. 7 In addition, the ALJ ordered Graves to repay all benefits he had received previously.”
Graves v. Dep't of Emp. Sec., 182 P.3d 1004 (Wash. Ct. App. 2008). “RCW 34.05.440. [7] In addition, the ALJ ordered Graves to repay all benefits he had received previously.”
Tacoma Police Dep't v. Hong Mei Zhen (Wash. Ct. App. 2021). “Under RCW 34.05.440(3), a party against whom a default order has been entered may file a motion to vacate the default order within seven days after service of the default order.”
Tamara Love v. Emp. Sec. Dept. (Wash. Ct. App. 2025). “RCW 34.05.440(2). The party may move to vacate the default order.”
— Wash. Rev. Code § 34.05.440(5) — 1 case
Cory Coffin, V. Emp. Sec. Dep't (Wash. Ct. App. 2026).
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