Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-04 - General provisions › Section 162-04-026 - Clerk

Current through Register Vol. 24-14, July 15, 2024
(1)
Designation.
The executive director with the advice and consent of
		  the chairperson shall designate a staff member to serve as clerk of the
		  commission.
(2)
Qualifications.
The person designated as clerk shall not have any
		  duties involving the investigation or conciliation of complaints or the
		  prosecution of administrative hearings. If the clerk has been actively involved
		  in the investigation or conciliation of a case or the prosecution of an
		  administrative hearing in any capacity other than as clerk, he or she shall not
		  thereafter serve as clerk for that case, and a substitute clerk shall be
		  designated. The purpose of this subsection is to ensure compliance with
		  chapter
		  34.05 RCW, restricting
		  consultation with hearing officers, and
		  RCW
		     49.60.250(2).
(3)
Duties.
The clerk shall have
		  the duty and power to:
(a) Attend commission
		  meetings and provide aid and services to the chairperson and commissioners as
		  requested by the executive director.
(b) Assist the chairperson of the commission
		  in requesting appointment of an administrative law judge, issuing notices of
		  hearing and carrying out all other duties of the chairperson under
		  RCW
		     49.60.250.
(c) Keep custody of the minutes of commission
		  meetings, declaratory rulings, rule-making orders, and the commission's order
		  register, and other records of action by the commissioners.
(d) Keep custody of the file of complaints
		  after they are referred to the commission for action or report of no reasonable
		  cause at a meeting, or upon certification of the file to the chairperson under
		  RCW
		     49.60.250(1). The clerk
		  shall deliver the investigator's file of cases ready for hearing to the
		  commission's chief counsel at the onset of the contested case process and shall
		  obtain return of the file when litigation is completed.
(e) Respond to requests for information on
		  actions by the commissioners or administrative law judge and furnish copies of
		  records and files in the clerk's possession pursuant to WAC
		  162-04-030, Public access to
		  records.
(f) Have custody of the
		  commission's seal.
(g) Certify
		  copies of commission records under the commission's seal.
(h) Serve as clerk of administrative
		  hearings. In this capacity, the clerk, subject to the direction of the
		  administrative law judge, shall keep custody of the official file of the
		  administrative hearing, date stamp and file all papers filed in the proceeding
		  when the hearing is not convened, serve all notices and papers required to be
		  served by the administrative law judge, make the physical arrangements for
		  hearings, provide for making and preserving the record of hearings, respond to
		  inquiries about administrative practices and procedures, and generally do all
		  things necessary and appropriate for the clerk of a judicial body to
		  do.
(i) Serve as personal advisor
		  to the chairperson of the commission and administrative law judge on matters
		  relating to the hearing process.
(j) Perform such other duties as the
		  chairperson of the commission or the administrative law judge shall assign from
		  time to time, consistent with their duties.