Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-261 - Complainant's participation

Current through Register Vol. 24-14, July 15, 2024
(1)
Notice of independent appearance.
A complainant or aggrieved
			person under
			RCW
			   49.60.040(15) who desires to
			submit testimony or otherwise participate in the hearing as a party and not to
			leave the case in support of the complaint to be presented solely by counsel
			for the commission, must serve and file a notice of independent appearance
			within ten days after the notice of hearing is served on that complainant. The
			notice shall state the address where notices to the complainant shall be sent
			and it shall state whether the complainant elects to prove additional charges
			as provided in subsection (2) of this section.
(2)
Election to prove additional
			charges.
A complainant or aggrieved person under
			RCW
			   49.60.040(15) who has filed
			a notice of independent appearance stating an intention to prove additional
			charges in accordance with
			RCW
			   49.60.250(2), may at the
			hearing offer proof of averments included in the original complaint or in
			amendments to the original complaint made by the complainant, whether or not
			the averments are included in the amended complaint under which counsel for the
			commission is proceeding. For purposes of this section, the complainant may
			amend the original complaint without regard to intervening amendments made by
			the commission. The complainant may serve and file an amended complaint with a
			notice of independent appearance, or thereafter as provided by these rules. If
			no amended complaint is served with a notice of independent appearance that
			states an intention to prove additional charges, the clerk shall promptly place
			the original complaint in the file for the administrative law judge. Nothing
			done by the complainant under this rule shall place any duty on counsel for the
			commission to seek to prove matters not averred in the amended complaint
			accompanying the notice of hearing, or subsequent amendments by the
			commission.
(3)
Appearance
			without election.
If the complainant or aggrieved person under
			RCW
			   49.60.040(15) files a notice
			of independent appearance which does not state that he or she elects to prove
			additional charges, then the complainant's participation in the hearing shall
			be confined to the matters raised by the amended complaint filed with the
			notice of hearing, and subsequent amendments made by the commission.
(4)
When no independent appearance.
If the complainant or aggrieved person under
			RCW
			   49.60.040(15) does not file
			a notice of independent appearance as provided by this rule, the case in
			support of the complaint shall be presented solely by counsel for the
			commission.
Statutory Authority:
				RCW
				49.60.120(3) and
				49.60.240. 96-13-045, §
											162-08-261, filed 6/13/96,
				effective 7/14/96. Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-261, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-261, filed 9/2/77; Order
				7, §
											162-08-261, filed
				1/19/68.