If DRS makes a decision you don’t agree with, you can ask us to review your rights and reconsider the decision. Here are the resolution processes for customers and employers.
If you have worked with a retirement specialist (RS) and you disagree with their written response, you can ask to have that decision reviewed by an Administrative Decisions Specialist. Here is the process you can follow to seek resolution:
1. Contact us: Email or mail communication to DRS explaining the circumstances and what decision, response or action you dispute. This communication will advance your case to the DRS Administrative Decisions Specialist for review and response.
Include the following in your communication:
Send your communication one of these three ways:
Questions? Contact the Administrative and Disability Review Specialist at 360 664-7951.
2. File a petition: If you do not agree with the decisions specialist’s findings, email or mail a petition to the DRS Petition Examiner within 120 days of receiving the decision. The petition process is informal and generally conducted using written documents. There’s no hearing involved. The examiner will review your submission and respond to you.
Include the following in your petition:
Submit your petition one of these two ways:
3. File an appeal: If you do not agree with the Petition Examiner’s findings, you can submit a formal appeal to the DRS Appeals Unit within 60 days of receiving the petition decision. An appeal is more formal than a petition and often includes an administrative hearing.
Include the following in your appeal:
Submit your appeal one of these four ways:
Find additional information about filing an appeal at Washington Administrative Code (WAC) 415-08-023.
4. Seek judicial review: If you do not agree with the Appeals Unit findings, you can file your case with a Washington State Superior Court.
After DRS conducts a compliance review, the Employer Compliance team will conduct an exit conference with you to review the results. If you disagree with those results, you have two weeks to contact DRS about them before DRS issues a final report. In the final report, DRS will give you the right to petition the compliance review results you disagree with.
If you are a member impacted by the results of a compliance review, the Employer Compliance team may grant you petition rights to ask DRS for reconsideration. If they do, you will be notified directly by the Employer Compliance team.
For employers and members, here is the process you can follow toward resolution.
1. File a petition: Email or mail a petition to the DRS Petition Examiner within 120 days of receiving the compliance report. The petition process is informal and generally conducted using written documents. There’s no hearing involved. The examiner will review your submission and respond to you.
Include the following in your petition:
Submit your petition one of these two ways:
2. File an appeal:
If you do not agree with the Petition Examiner’s findings, you can submit a formal appeal to the DRS Appeals Unit within 60 days of receiving the petition decision. An appeal is more formal than a petition and may involve a hearing to discuss the evidence.
Include the following in your appeal:
Submit your appeal one of these four ways:
Find additional information about filing an appeal at Washington Administrative Code (WAC) 415-08-023.
3. Seek judicial review: If you do not agree with the Appeals Unit findings, you can file your case with a Washington State Superior Court.
Petitions: For more specific information about petitions, review Chapter 415-04 of the Washington Administrative Code (WAC). If you have questions, please contact the DRS Petition Coordinator at 360-664-7940.
Appeals: For more specific information about appeals, review Chapter 415-08 WAC. Administrative hearings at DRS must comply with the Washington Administrative Procedures Act (WAPA) and those rules can be found at RCW 34.05. In addition, the Model Rules of Procedure apply to these proceedings and may be found in Chapter 10-08 WAC. If you have questions, please contact the DRS Appeals Coordinator at 360-664-7294.
The provisions governing petitions and appeals are contained in the Revised Code of Washington and Washington Administrative Code. This information is a summary of those provisions, not a complete description of the law. If there are any conflicts between what is written in this publication and what is contained in the law, the applicable law will govern.