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HARDEE v. STATE

No. 83728-7.

256 P.3d 339 (2011)

172 Wn.2d 1

Kathleen HARDEE, Petitioner, v. STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent.

Supreme Court of Washington, En Banc.

Decided July 7, 2011.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Tukwila, WA, Carol Farr , Leonard W. Moen & Associates, Renton, WA, for Petitioner.

Patricia Lee Allen , Office of the Attorney General, Seattle, WA, Jay Douglas Geck , Office of the Attorney General, Olympia, WA, for Respondent.

Sarah A. Dunne , Nancy Lynn Talner , ACLU of Washington Foundation, Seattle, WA, Lenora M. Lapidus , Ariela M. Migdal , Risha K. Foulkes , American Civil Liberties Union, New York, NY, amicus counsel for American Civil Liberties Union and National Employment Law Project.

Joan Kristine Mell , III Branches Law PLLC, Fircrest, WA, amicus counsel for Childcare Advocate Resource & Education and Employees International Union Local 925.

Alberto Daniel Casas , Northwest Justice Project, Tacoma, WA, Joy Ann Logan Von Wahlde , Millicent Delaine Newhouse , Northwest Justice Project, Seattle, WA, amicus counsel for Northwest Justice Project.

John W. Schedler , Schedler Bond PLLC, Mercer Island, WA, amicus counsel for Washington State Veterinary Medical Association.

J.M. JOHNSON, J.

¶ 1 A statute provides that the State's decision to revoke a home child care license should be upheld if it is supported at an evidentiary hearing by a preponderance of the evidence. In Ongom v. Department of Health, 159 Wn.2d 132, 134, 148 P.3d 1029 (2006), we held that due process requires the State to support a decision to revoke a nursing assistant's registration under the higher standard of clear...

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