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Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-021 - Who may appear and practice

Current through Register Vol. 24-14, July 15, 2024
No person other than the following may appear in a
			  representative capacity before the commission or before an administrative law
			  judge for a human rights hearing:
(1)
Washington lawyer.
An attorney at law entitled to practice before
			the supreme court of the state of Washington;
(2)
Other lawyer.
An attorney at
			law entitled to practice before the highest court of record of any other state,
			if attorneys at law of the state of Washington are permitted to appear in a
			representative capacity before administrative agencies of such other state, and
			if not otherwise prohibited by Washington law;
(3)
Legal intern.
A legal intern
			licensed to engage in the practice of law in the state of Washington under
			admission to practice Rule 9;
(4)
Officer, etc.
A bona fide officer, partner, or full time employee
			of an association, partnership, or corporation appearing for the association,
			or one of its members for the partnership, or corporation.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-021, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-021, filed 9/2/77; Order
				7, §
											162-08-021, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-031 - Computation of time

Current through Register Vol. 24-14, July 15, 2024
In computing any period of time prescribed or allowed by
			  commission rules, by commission order, or by statute, the day of the act,
			  event, or default after which the designated period of time begins to run shall
			  not be included. The last day of the period so computed shall be included,
			  unless it is a Saturday, Sunday or a legal holiday, in which event, the period
			  runs until the end of the next day which is neither a Saturday, Sunday nor a
			  legal holiday. When the period of time prescribed or allowed is less than seven
			  days, intermediate Saturdays, Sundays and holidays shall not be
			  counted.
Order 35, §
											162-08-031, filed 9/2/77; Order
				7, §
											162-08-031, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-041 - Service and filing of papers

Current through Register Vol. 24-14, July 15, 2024
(1)
How served.
Service of papers may be made personally or by
			first-class mail, registered or certified mail, or telegraph, or by leaving a
			copy at the principal office or place of business of the person to be
			served.
(2)
Who serves.
The commission shall cause to be served all orders, notices and other
			papers issued by it, together with any other papers which it is required by law
			to serve. Every other paper shall be caused to be served by the party filing
			it.
(3)
Upon whom served.
All papers served by the commission or any party shall be served at the
			time of filing upon all counsel of record and upon parties not represented by
			counsel or upon their agents designated by them or by law. Any counsel entering
			an appearance subsequent to the initiation of the proceeding shall notify all
			other counsel then of record and all parties not represented by counsel of such
			fact.
(4)
Service on
			commission.
In a matter pending before the commission or an
			administrative law judge in which the commission is being represented by the
			attorney general or a staff person other than the clerk, service on the
			commission shall be made by serving the attorney or staff person who is acting
			for the commission. In such matters,
filing
a paper with the
			clerk is
not
service on the commission. Service of a petition
			for judicial review under the Administrative Procedure Act,
			chapter
			34.05 RCW, is governed by
			RCW
			   34.05.542 and not by these rules.
(5)
Service by mail.
If service
			is made by mail, the papers shall be deposited in the post office addressed to
			the person on whom they are being served, with the postage prepaid. Unless
			earlier receipt is shown, service by mail shall be deemed complete upon the
			third day following the day upon which the papers are placed in the mail,
			unless the third day falls on a Saturday, Sunday or legal holiday, in which
			event service shall be deemed complete on the first day other than a Saturday,
			Sunday or legal holiday following the third day.
(6)
Filing, generally.
Papers
			required to be filed with the commission shall be deemed filed on actual
			receipt at the commission's Olympia or Seattle office, or other place
			previously specified, accompanied by proof of service on any parties required
			to be served.
(7)
Filing with
			administrative law judge.
Papers required to be filed with an
			administrative law judge shall be filed with the clerk, 402 Evergreen Plaza,
			Mailstop FJ-41, Olympia, WA 98504, unless otherwise directed. They must be
			accompanied by proof of service on all parties required to be served. The
			original of each paper shall be filed, accompanied by two copies.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-041, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-041, filed 9/2/77; Order
				7, §
											162-08-041, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-051 - Form of papers

Current through Register Vol. 24-14, July 15, 2024
Except for papers filed with an administrative law judge
			  (covered by WAC
			  162-08-241)  and any other papers
			  where the form is specified by rule, papers may be submitted in any form. The
			  commission requests, but does not require, that all papers be typewritten on
			  white paper of letter size (8 1/2 x 11").
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-051, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-051, filed 9/2/77; Order
				7, §
											162-08-051, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › I - GENERAL › Section 162-08-062 - Concurrent remedies - Other remedies

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise provided by
			  RCW
			     49.60.340, the law against discrimination
			  preserves the right of a complainant or aggrieved person to simultaneously
			  pursue other available civil or criminal remedies for an alleged violation of
			  the law in addition to, or in lieu of, filing an administrative complaint of
			  discrimination with the commission, with the following limitations:
(1)
Abeyance -- Real estate
			transactions.
A complaint of an unfair practice in a real estate
			transaction filed concurrently with the commission and another federal, state
			or local instrumentality with whom the commission has entered into a
			cooperative agreement under the terms of
			RCW
			   49.60.226 or other provision of law will be
			held in abeyance during the pendency of the other proceeding unless the other
			proceeding has been deferred pending state action under the terms of the
			cooperative agreement.
(2)
Abeyance -- General rule.
A complaint of an unfair practice other
			than in real estate transactions will be held in abeyance during the pendency
			of a case in federal or state court litigating the same claim, whether under
			the law against discrimination or a similar law, unless the executive director
			or the commissioners direct that the complaint continue to be processed. A
			complaint of an unfair practice other than in real estate transactions will not
			be held in abeyance during pendency of a federal, state, or local
			administrative proceeding, unless the executive director or commissioners
			determine that it should be held in abeyance.
(3) No complainant or aggrieved person may
			secure relief from more than one governmental agency, instrumentality or
			tribunal for the same harm or injury.
(4) Where the complainant or aggrieved person
			elects to pursue simultaneous claims in more than one forum, the factual and
			legal determinations issued by the first tribunal to rule on the claims may, in
			some circumstances, be binding on all or portions of the claims pending before
			other tribunals.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-062, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-062, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-062, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › II - COMPLAINTS › Section 162-08-071 - Complaints by aggrieved persons

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of section.
This
			section applies to complaints by persons claiming to be aggrieved by an alleged
			unfair practice filed under
			RCW
			   49.60.230(1)(a), to
			complaints by employers or principals filed under
			RCW
			   49.60.230(1)(c), and to
			complaints by "aggrieved persons" under
			RCW
			   49.60.040(15). Complaints
			issued by the commission are covered by WAC
			162-08-072.
(2)
Signature and oath.
A
			complaint shall be in writing, signed by the complainant or the complainant's
			lawyer, and sworn to before a notary public or other person authorized by law
			to administer oaths, or subscribed and signed under the following declaration:
			"I declare under penalty of perjury under the laws of the state of Washington
			that the foregoing is true and correct." Notarial service for this purpose is
			available without charge at all offices of the commission.
(3)
Contents.
A complaint shall
			contain the following:
(a) The name of the
			person making the complaint;
(b)
			The name, address and telephone number, if any, of the person against whom the
			complaint is made, if known to the complainant;
(c) A specific charge of an unfair
			practice(s);
(d) A clear and
			concise statement of the facts which constitute the alleged unfair
			practice(s);
(e) The date or dates
			of the alleged unfair practice(s), and if the alleged unfair practice is of a
			continuing nature, the dates between which said continuing acts of
			discrimination are alleged to have occurred.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › II - COMPLAINTS › Section 162-08-072 - Complaints issued by commission

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may initiate.
Complaints
			issued by the commission under
			RCW
			   49.60.230(1)(b) may be
			initiated by the commissioners or by the executive director
			personally.
(2)
By
			commissioners.
Initiation of a complaint by the commissioners shall be
			by motion at a meeting. The executive director shall transcribe a carried
			motion from the minutes onto a paper designated "complaint," attest it with a
			signature, and process it.
(3)
By executive director.
The executive director may initiate a
			commission complaint by personally signing a document saying that the
			commission has reason to believe that the person shown as respondent has been
			engaged or is engaged in an unfair practice, identifying the nature of the
			unfair practice, and the facts on which it is based. The executive director
			shall notify each commissioner in advance of issuing a complaint, or if advance
			notice is not possible because of an emergency, or because a commissioner
			cannot be reached, or for other reason, the executive director shall give the
			notice as soon after issuing the complaint as possible. Any commissioner may
			have placed on the agenda of the next commission meeting the question of
			whether the complaint shall stand. If this is done, the commissioners shall
			vote to sustain or rescind the complaint, after such debate and deliberation as
			is appropriate, but without taking testimony, or hearing arguments or reports
			from anyone but commissioners and staff, except as the commission by vote may
			direct.
(4)
Basis for
			commission complaint.
A commission complaint may be issued when the
			commission "has reason to believe that any person has been engaged in an unfair
			practice."RCW
			   49.60.230(2). The basis of
			belief for a complaint is different from the basis for a finding under
			RCW
			   49.60.240 of "reasonable cause for believing
			that an unfair practice has been or is being committed." The finding of
			reasonable cause or not is based on the commission's own investigation and
			ascertainment of facts after receipt of a complaint. The basis of belief for
			the purpose of initiating a commission complaint is information from any source
			sufficient, in the judgment of the commission, to justify an investigation and
			finding of whether or not there is reasonable cause for believing that an
			unfair practice has been or is being committed.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-072, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-072, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-072, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › II - COMPLAINTS › Section 162-08-081 - Amendment of complaint prior to notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope of section.
This
			section governs amendments of complaints prior to the time of amendment for the
			purpose of hearing. Amendment of a complaint for the purpose of hearing is
			governed by WAC
			162-08-201. Amendments after
			notice of hearing are governed by WAC
			162-08-265.
(2)
General rule.
A complaint,
			or any part thereof, may be fairly and reasonably amended as a matter of right
			at any time.
(3)
By whom.
The complaint may be amended by any of the following: The complainant,
			the commissioners, or the executive director or any member of the commission's
			staff who is authorized by the executive director to amend
			complaints.
(4)
Form.
Amendment of a complaint may be done by rewriting and superseding the
			entire text of the complaint or by filing a supplemental paper containing only
			the amendment.
(5)
Not
			necessary for finding.
The investigation pursuant to
			RCW
			   49.60.240 will cover the factual allegations
			and unfair practices charged in the complaint, and a reasonable cause finding
			will apply to all persons affected by the unfair practice(s) that is (are)
			found. The complainant may or may not be one of those persons. No amendment of
			the complaint is necessary for such a finding.
(6)
Identification of respondents.
No amendment of a complaint is necessary to make corrections in the
			identification of respondents in the findings of fact, if the respondents newly
			designated have notice of the complaint, or are given notice of the complaint,
			or reasonably should have known of the complaint. The findings of fact may
			correct the names or identification of respondents by substituting correct
			names, by adding persons as respondents, or by deleting persons as
			respondents.
(7)
Findings
			supersede complaint.
The findings supersede the complaint in identifying
			the unfair practices and persons before the commission in the case, and
			continue to do so until and unless an amended complaint for purposes of hearing
			is filed under WAC
			162-08-201.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-081, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-081, filed 9/2/77; Order
				7, §
											162-08-081, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › II - COMPLAINTS › Section 162-08-091 - Withdrawal of complaint

Current through Register Vol. 24-14, July 15, 2024
(1)
Consent necessary.
A complaint or any part thereof may be
			withdrawn only with the consent of the commission.
(2)
Form.
A request for
			withdrawal of a complaint must be in writing and signed by the complainant and
			must state in full the reasons why withdrawal is requested. Blank forms may be
			obtained at commission offices.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-091, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-091, filed 9/2/77; Order
				7, §
											162-08-091, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-093 - Referral to staff

Current through Register Vol. 24-14, July 15, 2024
Unless the chairperson of the commission directs otherwise
			  for a particular complaint, all complaints shall be investigated by the section
			  of the staff designated for that purpose by the executive director, and the
			  executive director shall have full power to assign and reassign cases for
			  investigation by particular staff persons, and to assign and reassign staff
			  persons to the section of the staff that investigates complaints, on a
			  full-time or part-time basis.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-093, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-093, filed 11/7/89,
				effective 12/8/89. Statutory Authority: RCW 42.18.250,
				
												49.60.120 and
				chapter
				49.60 RCW. 78-02-065
				(Order 39), §
											162-08-093, filed 1/23/78; Order
				35, §
											162-08-093, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-094 - Investigation

Current through Register Vol. 24-14, July 15, 2024
(1)
Copy of
			complaint to respondent.
Except as may be provided for complaints
			alleging an unfair practice in a real estate transaction, within a reasonably
			prompt time after a complaint is filed the staff shall furnish a copy of the
			complaint to the respondent and shall afford the respondent an opportunity to
			reply in writing. No error or omission in carrying out this step shall affect
			the validity of the complaint or prevent further processing of it.
(2)
Preliminary evaluation of
			complaint.
Whenever the allegations of the complaint, if true, show no
			basis for commission action, then the staff without further investigation may
			enter a finding of no reasonable cause or write a recommendation for a finding
			of no jurisdiction, or other appropriate disposition.
(3)
Scope of investigation.
The
			investigation is limited to ascertaining the facts concerning the unfair
			practice(s) alleged in the complaint.
			RCW
			   49.60.240.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-094, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-094, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-094, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-09401 - Real estate transactions - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the filing of a complaint alleging
			an unfair practice in a real estate transaction, the commission shall serve
			notice upon the aggrieved person acknowledging such filing and advising the
			aggrieved person of the time limits and choice of forums provided under
			RCW
			   49.60.230 and
			49.60.2235.
(2) The staff shall, not later than ten days
			after such filing or the identification of an additional respondent under this
			subsection, serve on the respondent(s) a notice identifying the alleged unfair
			practice and advising such respondent of the procedural rights and obligations
			of respondents under this chapter, together with a copy of the complaint.
(a) A person who is not named as a respondent
			in the course of investigation may be joined as an additional or substitute
			respondent upon written notice in accordance with subsection (2) of this
			section.
(b) In addition to meeting
			the requirements of subsection (2) of this section, such notice shall state the
			basis for the commission's belief that the person to whom the notice is
			addressed is properly joined as a respondent.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-096 - Protective orders

Current through Register Vol. 24-14, July 15, 2024
(1) Upon motion
			by a party or by the person from whom information is sought pursuant to WAC
			162-08-09501, and for good cause
			shown, the chairperson of the commission may make any order which justice
			requires to protect a party or person from annoyance, embarrassment,
			oppression, or undue burden or expense caused by revealing private information,
			or trade secrets, including all orders a court can make under CR
			26(c).
(2) If a motion for a
			protective order is denied in whole or in part, the chairperson may, on such
			terms and conditions as are just, order that any party or person provide or
			permit information to be revealed subject to the provisions of WAC
			162-08-097.
(3) The chairperson may, on such terms and
			conditions as are just, grant a protective order sealing the produced documents
			pursuant to WAC
			162-04-035.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-096, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-096, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-097 - Failure to provide information

Current through Register Vol. 24-14, July 15, 2024
(1)
Order compelling production of
			information.
The chairperson of the commission is authorized to make any
			order that a court could make under CR 37(a), including an order awarding
			expenses of the motion to compel production of information pursuant to WAC
			162-08-09501. The executive
			director, upon reasonable notice to other parties and all persons affected
			thereby, may obtain an order compelling production of information by motion to
			the chairperson of the commission. The form of the motion and the procedure for
			its disposition is governed by WAC
			162-08-019. When taking testimony
			under oath, the proponent of the question may either complete or adjourn the
			examination before moving for an order compelling production of
			information.
(2)
Enforcement
			of an order compelling production of information.
If the party fails to
			comply with a subpoena compelling production of information, the matter may be
			turned over to counsel for the commission for enforcement of the order in
			superior court.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-097, filed 11/7/89,
				effective 12/8/89.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-098 - Findings

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
The findings document shall contain (a)
findings of
			fact
, and (b) an
ultimate finding
of reasonable cause
			or no reasonable cause for believing that an unfair practice has been or is
			being committed, or a finding on jurisdiction, as provided in (2) of this
			section.
(2)
Jurisdictional
			dispositions.
When the facts found show that the matter is not within
			the jurisdiction of the commission, the ultimate finding shall be "no
			jurisdiction" rather than "reasonable cause" or "no reasonable cause." In
			extraordinary circumstances where the commission technically has jurisdiction
			but for overriding reasons of law or policy is unable to properly exercise its
			jurisdiction, the ultimate finding may be "jurisdiction declined." An example
			of such an extraordinary circumstance is a complaint against the commission
			itself.
(3)
Scope of
			reasonable cause finding.
A finding of reasonable cause shall specify
			the unfair practice found and, as nearly as possible, the person or persons
			against whom the unfair practice has been committed. If the facts show an
			unfair practice against a class of persons, the class shall be indicated to the
			extent possible.
(4)
Action
			by commissioners.
Findings of no reasonable cause shall be reported to
			the commissioners at a meeting, and shall thereafter stand as the action of the
			commission unless the commissioners vote to set aside a particular finding.
			Findings of reasonable cause shall be used by the staff for the purpose of
			endeavoring to eliminate the unfair practices by conference, conciliation, and
			persuasion. Proposed findings of "no jurisdiction" or "jurisdiction declined"
			shall be reported to the commissioners and shall become commission action when
			approved by vote of the commissioners at a meeting.
(5)
Effect of findings.
A
			finding that there is or is not reasonable cause for believing that an unfair
			practice has been or is being committed is not an adjudication of whether or
			not an unfair practice has been or is being committed.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-098, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-098, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-099 - Termination of a case without findings of fact

Current through Register Vol. 24-14, July 15, 2024
(1)
Authorized.
The commission
			in appropriate circumstances may terminate its action on a case without making
			findings of fact pursuant to
			RCW
			   49.60.240. This section provides procedures
			in some of the circumstances.
(2)
Withdrawal of complaint.
No findings or other procedures in
			RCW
			   49.60.240 and
			49.60.250 are necessary when the
			complainant has requested withdrawal of the complaint and the commissioners
			have consented to the withdrawal pursuant to WAC
			162-08-091.
(3)
Settled before finding.
Except as may be otherwise provided for a complaint alleging an unfair
			practice in a real estate transaction, a complaint may be settled before
			findings of fact are made, when the commission's staff and a respondent have
			entered into a written settlement agreement (prefinding settlement). Prefinding
			settlement agreements shall be presented to the commissioners. The
			commissioners, if they approve, shall enter an order setting forth the terms of
			the agreement, using the same procedure as if the agreement were presented to
			the commissioners under
			RCW
			   49.60.240 and WAC
			162-08-106 after findings of
			fact. A prefinding settlement is not binding on the commission until the
			commissioners vote to accept it and issue their order.
(4)
Administrative closure.
A
			case may be administratively closed by vote of the commissioners when the
			complaint has been resolved informally, or has been adjudicated in another
			forum, or has become moot, or cannot be investigated because the complainant or
			respondent cannot be found, or when other circumstances justify administrative
			closure. Administrative closure is an official termination of work on a
			complaint prior to completion of the entire statutory process, letting the
			complaint lie in its present posture. A case that has been administratively
			closed can be administratively reopened by vote of the commissioners.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-099, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-099, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-099, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › III - INVESTIGATION OF COMPLAINTS - FINDINGS › Section 162-08-101 - Reconsideration of findings

Current through Register Vol. 24-14, July 15, 2024
The commission may reconsider and correct any finding in
			  which errors affecting the result are brought to its
			  attention.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-101, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-101, filed 9/2/77; Order
				7, §
											162-08-101, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › IV - CONCILIATION › Section 162-08-102 - Objective of conciliation

Current through Register Vol. 24-14, July 15, 2024
The commission's staff in its endeavors to eliminate an
			  unfair practice by conference, conciliation and persuasion under
			  RCW
			     49.60.250 shall be guided by the purposes of
			  the law against discrimination and by the policies and objectives of the
			  commission, particularly as expressed in WAC
			  162-08-061,
			  162-08-062 and
			  162-08-298. Elimination of an
			  unfair practice includes elimination of the effects of the unfair practice, as
			  well as assurance of the discontinuance of the unfair
			  practice.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-102, filed 6/13/96,
				effective 7/14/96; Order 35, §
											162-08-102, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › IV - CONCILIATION › Section 162-08-104 - Conciliation negotiations

Current through Register Vol. 24-14, July 15, 2024
(1)
Endeavors of staff.
Except as may be otherwise provided for a
			complaint alleging an unfair practice in a real estate transaction, the task of
			the commission is to endeavor to eliminate the unfair practice through
			agreement with the respondent. The extent of effort to be expended toward this
			end will depend on the likelihood that agreement on mutually acceptable terms
			can be reached. If, for example, it is apparent from an exchange of letters
			that agreement cannot be reached, it is not necessary to hold a conference. If
			a respondent has been afforded a reasonable opportunity to negotiate, that is
			sufficient to satisfy the statutory requirements pertaining to conciliation of
			a complaint brought under
			chapter
			49.60 RCW and this
			chapter.
(2)
Reopening
			conciliation.
The making and service of a finding that no agreement can
			be reached does not preclude renewing negotiations or reaching an agreement at
			a later time. The finding that no agreement can be reached is not affected by a
			renewal of negotiations, but it may be superseded by any subsequent agreement
			which resolves the unfair practices at issue in the complaint filed with the
			commission.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-104, filed 6/13/96,
				effective 7/14/96; Order 35, §
											162-08-104, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › IV - CONCILIATION › Section 162-08-106 - Approval of agreements

Current through Register Vol. 24-14, July 15, 2024
Except as may be otherwise provided for a complaint alleging
			  an unfair practice in a real estate transaction, an agreement reached between
			  the commission's staff and a respondent under
			  RCW
			     49.60.240 shall be reduced to writing, signed
			  by the respondent and a member of the commission's staff, and presented to the
			  commissioners at a meeting. The agreement is not binding on the commission
			  until the commissioners vote to accept it.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-106, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-106, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-106, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › IV - CONCILIATION › Section 162-08-107 - Real estate transactions - Conciliation

Current through Register Vol. 24-14, July 15, 2024
During the period beginning with the filing of a complaint of
			  an unfair practice in a real estate transaction and ending with the filing of a
			  charge or a dismissal by the commission, the commission shall, to the extent
			  feasible, engage in conciliation with respect to the complaint.
(1) An agreement arising out of conciliation
			efforts under this section shall be an agreement between the respondent and the
			complainant, and shall be subject to approval by the commission.
(2) Each conciliation agreement shall be made
			public unless the complainant and respondent agree otherwise and the commission
			determines that disclosure is not necessary to further the purposes of
			chapter
			49.60 RCW.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-107, filed 6/13/96,
				effective 7/14/96.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › IV - CONCILIATION › Section 162-08-109 - Breach of conciliated agreement

Current through Register Vol. 24-14, July 15, 2024
If an agreement and order for the elimination of an unfair
			  practice made under
			  RCW
			     49.60.240 is breached, the executive director
			  may take action appropriate in the circumstances, including one or more of the
			  following:
(1)
Specific
			enforcement.
Bringing an action in superior or district court for
			specific enforcement of the agreement, or for damages pursuant to the
			conciliation agreement;
(2)
Setting aside.
Recommending to the commissioners that the
			agreement and order be set aside, in whole or in part, and that the case be
			returned to the staff for renewed conference, conciliation and persuasion, or
			to be referred to commission counsel for hearing; or
(3)
Report to prosecuting attorney.
Reporting the violation to the appropriate prosecuting attorney for
			prosecution under
			RCW
			   49.60.310.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-109, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-109, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-190 - Certification of file

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
Certification of the file to the chairperson as provided
			in RCW
			   49.60.250 in case of failure to reach an
			agreement under
			RCW
			   49.60.240 for the elimination of an unfair
			practice shall be done in the manner provided in this section.
(2)
Who certifies.
Certification
			shall be done by the clerk.
(3)
Form of certificate.
The certificate shall be in writing and dated
			and signed by the clerk and shall be in substantially the following form: "I
			certify that the attached is the entire file, including the complaint and all
			findings made, of the Washington state human rights commission staff for the
			complaint included in the file."
(4)
Custody of file.
The
			certified file, including the certificate, shall be held in the custody of the
			clerk, who shall see that it is available for use by the chairperson of the
			commission and counsel for the commission, and for examination and copying by
			others.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-190, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-190, filed
				9/2/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-201 - Prehearing amendment of complaint

Current through Register Vol. 24-14, July 15, 2024
(1)
Required.
Before a case is
			noted for hearing, counsel for the commission shall prepare an amended
			complaint as provided in this section in accordance with
			RCW
			   49.60.250(1).
(2)
Basis for.
The amended
			complaint shall be based on the facts as they are believed by the commission's
			counsel and staff to exist at the time the amended complaint is
			signed.
(3)
Scope.
The
			amended complaint shall identify the persons who are proper parties for the
			hearing and the matters to be heard. It need not be limited to parties or
			matters mentioned in the complaint filed under
			RCW
			   49.60.230, and it need not include all
			parties or matters mentioned in that complaint.
(4)
Form.
The complaint shall be
			in the form designated in WAC
			162-08-241.
(5)
Contents.
The amended
			complaint shall contain the following:
(a)
			Identification of the specific unfair practice or practices alleged.
(b) A short and plain statement of the
			factual allegations which form the basis for the alleged unfair
			practices.
(c) A request for
			relief, setting out the terms or substance of the order which the executive
			director believes would be appropriate for the administrative law judge to
			enter if the matters alleged in the complaint are proven to be true.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-211 - Appointment of administrative law judge

Current through Register Vol. 24-14, July 15, 2024
When appointed.
When the file has been certified
			  (WAC 162-08-190)  and counsel for the
			  commission has prepared an amended complaint for hearing (WAC
			  162-08-201)  the chairperson of
			  the commission shall request the appointment of an administrative law judge as
			  provided in
			  RCW
			     49.60.250 and this section.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-211, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-211, filed 9/2/77; Order
				33, §
											162-08-211, filed 3/21/77; Order
				7, §
											162-08-211, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-221 - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicable statutes.
When an administrative law judge has been
			appointed, the clerk shall give notice of hearing to all parties as provided in
			RCW
			   49.60.250 and
			34.05.434.
(2)
Indefinite time.
The clerk
			may, in his or her discretion, omit the time and place of hearing from the
			notice with the explanation that the time and place will be set by later notice
			from the administrative law judge, given at least twenty days in advance of the
			time of hearing.
(3)
Issues.
The notice of hearing shall state that the issues involved in the
			hearing are (a) whether the respondent committed the unfair practices stated in
			the amended complaint, and, if so, (b) what order is appropriate. A copy of the
			amended complaint shall be attached to the notice of hearing.
(4)
Notice of rules.
The notice
			of hearing shall inform the respondent of the answer rule, WAC
			162-08-251, and it shall inform
			the complainant of a complainant's rights and options under WAC
			162-08-261.
(5)
Consolidation of cases.
The
			administrative law judge may consolidate cases when they involve common
			questions of law or fact.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-221, filed 11/7/89,
				effective 12/8/89; Order 37, §
											162-08-221, filed 10/27/77; Order
				35, §
											162-08-221, filed 9/2/77; Order
				7, §
											162-08-221, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-231 - Record, pleadings

Current through Register Vol. 24-14, July 15, 2024
(1)
Record.
The record of an administrative hearing shall include the
			items specified in
			RCW
			   34.05.437, including, but not limited to:
(a) All pleadings, motions, briefs, proposed
			findings of fact and conclusions of law and initial or final orders,
			objections, but not offers of settlement (RCW
			   49.60.250(2));
(b) Evidence received or
			considered;
(c) A statement of
			matters officially noticed;
(d) Any
			decision, opinion, or report by the officer presiding at the hearing.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-241 - Form of papers filed with administrative law judge

Current through Register Vol. 24-14, July 15, 2024
(1)
Caption.
The notice of
			hearing shall include a full caption in substantially the following
			form:
BEFORE THE ADMINISTRATIVE LAW JUDGE
FOR A HUMAN RIGHTS COMMISSION HEARING
WASHINGTON STATE HUMAN RIGHTS
COMMISSION, PRESENTING THE CASE
IN SUPPORT OF THE COMPLAINT OF
JAMES DOE, complainant,
V.
ROE ENTERPRISES, INC., PHYLLIS
ROE, PRESIDENT, AND RICHARD
ROE, SECRETARY, respondent(s).
. . . . . . . . . . ..
|
|
|
|
&gt;
|
|
|
|
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|
NO.
Papers filed thereafter may have a short caption in
			  substantially the following form:
BEFORE THE ADMINISTRATIVE LAW JUDGE
FOR A HUMAN RIGHTS COMMISSION HEARING
WASHINGTON STATE HUMAN RIGHTS COMMISSION
EX
						REL
. DOE, complainant,
V.
ROE ENTERPRISES, INC.,
ET
						AL.
,
respondent(s)
. . . . . . . . . . ..
|
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&gt;
|
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|
NO.
(2)
Form
			in general.
Papers filed with an administrative law judge shall be in
			the form used for superior court practice. See in particular Rule 10, civil
			rules for superior court.
(3)
Signing.
Every pleading, motion or other paper filed on behalf of
			a party represented by an attorney shall be dated and signed by at least one
			attorney of record in the attorney's individual name, whose address shall be
			stated. A party who is not represented by an attorney shall similarly date and
			sign proceedings, motions and other papers and give the party's address. The
			signature of a party or of an attorney constitutes a certificate by that person
			in accordance with the provisions of Rule 11, civil rules for superior
			court.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-241, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-241, filed 9/2/77; Order
				7, §
											162-08-241, filed
				1/19/68.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-251 - Answer

Current through Register Vol. 24-14, July 15, 2024
(1)
Required.
Every respondent shall file an answer to the amended complaint attached
			to the notice of hearing, and to any subsequent amendments or complaints that
			are filed.
(2)
Content.
The answer shall set out and assert every defense, in law or fact, to
			the claims of the complaint being answered.
(3)
Waiver of defenses not pleaded.
Defenses not pleaded in an answer are waived.
(4)
Time for filing.
An answer
			shall be filed within twenty days after notice of hearing is served, unless an
			extension of time is granted in writing by the administrative law
			judge.
(5)
Form of defenses
			and denials.
A respondent shall state in short and plain terms its
			defenses to each claim asserted and shall admit or deny each averment of the
			amended complaint. If the respondent is without knowledge or information
			sufficient to form a belief as to the truth of an averment, the respondent
			shall so state and this has the effect of a denial. Denials shall fairly meet
			the substance of the averments denied. When a respondent intends in good faith
			to deny only a part or a qualification of an averment, the respondent shall
			specify so much of it as is true and material and shall deny only the
			remainder.
(6)
Affirmative
			defenses.
A respondent who wishes to raise any matter constituting an
			avoidance or affirmative defense, including those required to be set forth
			affirmatively by CR 8(c), must plead the matter as an affirmative defense in
			the respondent's answer. Among the matters which must be pleaded as affirmative
			defenses are the following:
(a) A bona fide
			occupational qualification;
(b)
			Business necessity that justifies a practice that has a discriminatory effect;
			and
(c) That another statute or
			rule of law precludes or limits enforcement of the law against discrimination,
			or regulations or precedents of the commission.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-253 - No counterclaims or cross claims

Current through Register Vol. 24-14, July 15, 2024
Jurisdiction of the administrative law judge is limited to
			  determining whether unfair practices have occurred, and counterclaims and cross
			  claims will not be heard.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-253, filed 11/7/89,
				effective 12/8/89.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-255 - Default order

Current through Register Vol. 24-14, July 15, 2024
(1)
Entry
			of default order.
When a respondent who has been served with a notice of
			hearing and amended complaint fails to answer in accordance with WAC
			162-08-251, and that fact is made
			to appear by motion and affidavit, a motion for default may be made and served
			upon respondent requiring an answer within five days. If respondent fails to
			answer as required in the motion for default, the administrative law judge may
			enter an order of default providing for the relief requested in the amended
			complaint upon proof of service of the motion for default as provided in WAC
			162-08-041.
(2)
Setting aside default order.
Within ten days of being served, the party against whom a default order
			is entered may move to have it set aside. The administrative law judge may
			grant or deny such motion as justice requires.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-255, filed 11/7/89,
				effective 12/8/89.