Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › VI - ADMINISTRATIVE HEARING AND DECISION › Section 162-08-292 - Evidence

Current through Register Vol. 24-14, July 15, 2024
(1)
General
			rules on admissibility.
Administrative law judges shall admit and give
			probative effect to evidence that is admissible in the superior courts of the
			state of Washington in a nonjury trial. In addition, an administrative law
			judge may admit and give probative effect to other evidence on which reasonably
			prudent persons are accustomed to rely in the conduct of their affairs.
			Administrative law judges shall give effect to the rules of privilege
			recognized in the courts of this state. Administrative law judges may exclude
			irrelevant, immaterial, and unduly repetitious evidence.
(2)
Identification of exhibits.
All exhibits requested by any party shall be identified by a single
			series of numbers, in the order that the proposed exhibits are marked for
			identification. The numbers may be preceded by code letters indicating the
			acting party, including "C" for the commission, and "R" for a respondent.
Example
: The first exhibit, marked at the request of the
			commission, is C1. The second exhibit, if offered by a respondent, is R2,
			whether or not C1 was admitted.
(3)
Stipulations encouraged.
Counsel are requested to mark proposed
			exhibits in advance of hearing and to stipulate to the admission of all
			exhibits that will not be objected to.
(4)
Copies of documents and exhibits.
Unless excused from doing so by the administrative law judge, a party
			offering a document or other exhibit in evidence must furnish copies to all
			other parties.
(5)
Official
			notice.
The administrative law judge may take notice of judicially
			cognizable facts, and in addition may take notice of general, technical, or
			scientific facts within his or her specialized knowledge. Any party may, by
			motion, ask the administrative law judge to take official notice of facts or
			material. When the administrative law judge takes official notice of any facts
			or material, the administrative law judge must notify the parties of what is
			noticed and afford them reasonable opportunity to contest the noticed facts.
			This may be done at any time before the administrative law judge's order
			becomes final.
(6)
Evaluation
			of evidence.
The administrative law judge's findings of fact shall be
			based exclusively on the evidence presented at the administrative hearing and
			on matters officially noticed, but the administrative law judge may utilize his
			or her experience, technical competence, and specialized knowledge in
			evaluating the evidence.
(7)
Efforts at conciliation excluded.
Any endeavors or negotiations
			for conciliation made under
			RCW
			   49.60.240 shall not be received in evidence
			as proof of whether or not an unfair practice was committed.
			RCW
			   49.60.250(2). If a
			respondent denies that the statutory step of endeavoring to eliminate the
			unfair practice by conference, conciliation, and persuasion took place, then
			evidence of whether such endeavors were made may be admitted, but the contents
			and details of offers, counteroffers, and discussions shall be excluded to the
			maximum extent possible. The commission's findings made pursuant to
			RCW
			   49.60.240 are prima facie evidence that the
			investigation, conciliation, and other statutory steps have been taken. In
			addition, offers of settlement or compromise and statements made in settlement
			or compromise negotiations, at any stage of the case, are privileged from use
			as proof of whether or not an unfair practice was committed. Evidence of such
			an offer or statement shall be excluded upon claim of the privilege by the
			party that made the offer or statement.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-292, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-292, filed
				9/2/77.