Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-08 - Practice and procedure › V - ADMINISTRATIVE HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE › Section 162-08-282 - Summary judgment

Current through Register Vol. 24-14, July 15, 2024
(1)
Authorized.
At any time prior to the tenth day before the date of
			a hearing, any party may serve and file a motion for summary judgment in the
			party's favor as to all or part of the case.
(2)
Procedure.
The usual
			procedure for motions made before an administrative law judge, WAC
			162-08-271, shall apply except
			where this section provides a different procedure.
(3)
Response.
Any party may
			serve and file opposing affidavits and a response, or either of these, within
			seven days after the motion for summary judgment has been served on that
			party.
(4)
When decided.
The administrative law judge shall decide a motion for summary judgment
			promptly after ten days have elapsed since the motion was filed with the
			administrative law judge.
(5)
Oral argument optional.
Oral argument shall be heard only if
			ordered by the administrative law judge.
(6)
What is decided.
The
			administrative law judge's final order shall be rendered forthwith if the
			pleadings, depositions, and admissions on file, together with the affidavits,
			if any, and other documents and evidence properly before the administrative law
			judge, show that there is no genuine issue as to any material fact and that the
			moving party is entitled to judgment as a matter of law. A summary judgment,
			interlocutory in character, may be rendered on the issue of whether an unfair
			practice has been committed although there is a genuine issue as to the amount
			or nature of relief to be ordered. Otherwise, summary judgment shall be
			denied.
(7)
Orders when case
			not fully adjudicated on motion.
If summary judgment is not ordered for
			the whole case or for all of the relief asked and a hearing is necessary, the
			administrative law judge shall if practicable ascertain what material facts
			exist without substantial controversy and what material facts are actually and
			in good faith controverted. The administrative law judge may summon counsel for
			all parties and interrogate them for this purpose. The administrative law judge
			shall then make an order specifying the facts that appear without substantial
			controversy, including the extent to which the amount or nature of relief is
			not in controversy, and directing such further proceedings as are just. At the
			hearing, the facts so specified shall be deemed established, and the hearing
			shall be conducted accordingly.
(8)
Form of affidavits; further testimony.
Supporting and opposing
			affidavits must be made on personal knowledge, must set forth facts that would
			be admissible in evidence, and must show affirmatively that the affiant is
			competent to testify to what is stated. Sworn or certified copies of all papers
			or parts of papers referred to in an affidavit shall be attached to the
			affidavit or served with it. The administrative law judge may permit affidavits
			to be supplemented or opposed by depositions or by further
			affidavits.
(9)
When
			affidavits are unavailable.
Should it appear from the affidavits of a
			party opposing the motion that the party cannot, for reasons stated, present by
			affidavit facts essential to justify the party's opposition, the administrative
			law judge may refuse the motion, or may order a continuance to permit
			affidavits to be obtained or depositions to be taken or discovery to be had, or
			the administrative law judge may issue such other order as is just.
(10)
Affidavits made in bad faith.
Should it appear to the satisfaction of the administrative law judge at
			any time that any of the affidavits were presented in bad faith or solely for
			the purpose of delay, the administrative law judge shall order the party
			employing them to pay to the other party the amount of the reasonable expenses
			which the filing of the affidavits caused the party to incur, including
			reasonable attorney's fees. The administrative law judge shall include this
			order in the final order.
Statutory Authority:
				RCW
				49.60.120(3). 89-23-020,
				§
											162-08-282, filed 11/7/89,
				effective 12/8/89; Order 35, §
											162-08-282, filed
				9/2/77.