Practice and Procedure Archives — LAW OFFICE OF GREGORY A. WILLIAMS

April 2, 2026April 2, 2026

WSHRC: Service and Filing of Papers

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the service and filing of papers? Here’s my point of view.

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Understanding WAC 162‑08‑041: How Service and Filing Work in Washington Human Rights Commission Proceedings

When people think about discrimination complaints or administrative hearings, they often focus on the substance of the dispute — what happened, who’s responsible, and what the law says. But behind every case is a quieter, procedural engine that keeps the process moving. One of the most important parts of that engine is service and filing: making sure documents get to the right people, at the right time, in the right way.

For matters before the Washington State Human Rights Commission (“WSHRC” or “Commission”), those mechanics are governed by WAC 162‑08‑041*. Although the rule is short, it plays an outsized role in ensuring fairness and clarity for both represented and unrepresented parties.

Here’s a practical breakdown.

1. How Documents Must Be Served

The rule gives several acceptable methods of service, ranging from traditional to old‑school:

• Personal delivery

• First‑class, registered, or certified mail

• Telegraph (yes, it’s still listed)

• Leaving a copy at the person’s principal office or place of business

The takeaway is flexibility. The Commission recognizes that parties may have different resources and levels of sophistication, so it allows multiple avenues to ensure documents actually reach their destination.

2. Who Is Responsible for Serving What?

WAC 162‑08‑041* draws a clear line:

• The Commission serves all orders, notices, and other papers issued by it and any other documents it is legally required to serve.

• Parties are responsible for serving everything they file.

This division keeps the administrative process orderly. The Commission handles official notices; parties handle their own filings.

3. Who Must Be Served?

Every document served by the Commission or any party must be served at the time of filing on:

• All counsel of record

• Any unrepresented parties

• Any designated agents

If a new attorney appears mid‑stream, that attorney must notify all other counsel and unrepresented parties. This prevents the all‑too-common problem of someone being left out of the loop.

4. Serving the Commission Itself

This is a point that often trips people up.

If the Commission is represented by the attorney general (AG) or a staff person (other than the clerk), then service on the Commission must be made on that AG attorney or staff person who is acting for the commission, not on the clerk. Filing something with the clerk does not count as service on the Commission in that situation.

Also important: petitions for judicial review are governed by RCW 34.05.542*, not this WAC.

5. When Service by Mail Is Considered Complete

The rule adopts a predictable, easy‑to‑apply standard:

• Service is deemed complete on the third day after mailing;

• Unless that day is a Saturday, Sunday, or legal holiday, in which case it rolls to the next business day.

This “mailbox rule” gives parties a clear timeline and avoids disputes about when a document was actually received.

NOTE: “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.” WAC 162‑08‑041(5)*.

6. Filing Requirements

A document is considered filed when it is actually received at the Commission’s Olympia or Seattle office (or another designated location). It must be accompanied by proof of service on any parties required to be served.

For filings with an administrative law judge, the rule directs parties to file with the clerk at 402 Evergreen Plaza, Mailstop FJ-41, Olympia, WA 98504, unless told otherwise. Required filings must be accompanied by proof of service on all parties required to be served. And the original must be submitted plus two copies.

Conclusion

For lawyers, WAC 162‑08‑041 is a reminder that administrative practice has its own rhythms and expectations. For members of the public pursuing a discrimination complaint, it provides transparency: everyone knows how documents must be exchanged, when deadlines run, and who must be kept informed.

Procedural clarity is part of procedural fairness. When service and filing rules are followed, cases move more smoothly, and parties can focus on the merits rather than procedural missteps.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

–gw

January 8, 2026January 8, 2026

WSHRC: Reconsideration of Findings

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the reconsideration of findings? Here’s my point of view.

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When Agencies Get a Second Look: Understanding WAC 162-08-101

Administrative agencies make decisions every day that affect real people—patrons, guests, employees, employers, landlords, tenants, and organizations across Washington State. But what happens when an agency discovers that a decision may be based on a mistake?

Washington Administrative Code (WAC) 162-08-101*, titled “Reconsideration of findings,” provides a concise but important answer:

“The commission may reconsider and correct any finding in which errors affecting the result are brought to its attention.”

Id. (emphasis added). Though brief, this provision plays a significant role in ensuring fairness, accuracy, and trust in administrative decision-making by the Washington State Human Rights Commission.

What Is WAC 162-08-101 About?

At its core, WAC 162-08-101* gives the Commission the authority to revisit its own findings when a meaningful error is identified—and when that error could have changed the outcome. This reflects a practical acknowledgment: even careful investigations and decisions can sometimes be affected by mistakes, and there should be a mechanism to fix them.

Key Elements of the Rule

The essential components of the rule follow:

1. “The commission may reconsider”

The word “may” is important. Reconsideration is discretionary, not automatic. The Commission is permitted—but not required—to revisit a finding once an error is raised.

For practitioners, this signals that reconsideration is a request, not a right, and should be supported with clear reasoning and evidence.

2. “and correct any finding”

The focus here is on correction, not punishment or reversal for its own sake. If an error is confirmed, the Commission has the authority to fix the finding to reflect what the result should have been without the mistake.

This promotes administrative efficiency by allowing the agency to self-correct rather than forcing parties into prolonged appeals or litigation.

3. “in which errors affecting the result are brought to its attention”

Not all errors qualify. The rule applies only when:

• An error exists, and

• The error affects the outcome, not merely a minor detail.

For example:

• A typo in a date that has no impact on the analysis likely would not qualify.

• A misinterpretation of evidence, a misapplied legal standard, or omitted key facts that influenced the conclusion likely would.

The burden is on the party raising the issue to clearly explain why the error matters.

KEY IMPLICATIONS

For the General Public

If you are involved in a discrimination complaint or investigation, WAC 162-08-101* offers reassurance that the process is not rigidly final in the face of genuine mistakes. It reflects a commitment to fairness over formality.

For Legal Professionals

For attorneys, advocates, and compliance officers, this provision creates a strategic opportunity:

• It may allow for correction without formal appeal.

• It encourages early identification and documentation of substantive errors.

• It reinforces the importance of precision in administrative records and findings.

What This Rule Does Not Do

Equally important are its limits:

• It does not guarantee reconsideration.

• It does not apply to disagreements over judgment or credibility unless tied to a demonstrable error.

• It does not replace judicial review or statutory appeal rights.

In other words, WAC 162-08-101* is a narrow corrective tool, not a second bite at the apple.

In Summary

WAC 162-08-101* may be only a single sentence long, but it embodies an important principle of administrative justice: accuracy matters, and agencies should be able to correct meaningful mistakes.

For the public, it builds confidence in the system. For legal professionals, it provides a valuable—if carefully constrained—procedural safeguard. In a system built on fairness, the ability to reconsider when it truly counts is not a weakness; it’s a strength.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

November 6, 2025December 4, 2025

WSHRC: Termination of Case Without Findings of Fact

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning termination of a case without findings of fact? Here’s my point of view.

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Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact

The Washington State Human Rights Commission (WSHRC) is responsible for enforcing the state’s anti-discrimination laws under RCW 49.60*, also known as the Washington Law Against Discrimination (WLAD). Typically, once a complaint is filed, the Commission investigates and—if warranted—issues findings of fact to determine whether an unfair practice occurred. However, WAC 162-08-099* outlines circumstances in which the Commission may terminate a case before reaching findings of fact.

1. Voluntary Withdrawal of a Complaint

If the complainant requests to withdraw their complaint and the Commission consents (as described in WAC 162-08-091), no findings or further formal procedures are required. This allows individuals to end their case voluntarily without a full investigation or determination.

2. Settlement Before Findings (Prefinding Settlement)

In many cases, disputes are resolved through settlement agreements before the Commission completes its investigation. When the Commission’s staff and a respondent have entered into a written settlement agreement (i.e., a prefinding settlement), the agreement is presented to the commissioners for approval.

• The Commission must vote to accept the agreement before it becomes binding.

• Once approved, the Commission issues an order formalizing the settlement.

• “A prefinding settlement is not binding on the commission until the commissioners vote to accept it and issue their order.” WAC 162-08-099(3)*.

This procedure encourages early resolution while maintaining the Commission’s oversight role to ensure fairness and compliance with the law. NOTE: This process does not apply to a complaint alleging an unfair practice in a real estate transaction.

3. Administrative Closure

The Commission may also administratively close a case without findings when certain practical or procedural circumstances arise, such as:

• The complaint has been resolved informally or adjudicated elsewhere,

• The issue has become moot,

• The complainant or respondent cannot be located, or

• Other factors make further investigation impossible or unnecessary.

Administrative closure is an official action that halts further work on a complaint, though the Commission retains the authority to reopen the case later if circumstances change.

Implications

For both complainants and respondents, understanding WAC 162-08-099* clarifies that not every case will move through the full fact-finding process. Early settlement, voluntary withdrawal, or administrative closure can end a complaint efficiently while preserving fairness and procedural integrity.

In short, this rule gives the Human Rights Commission the flexibility to manage its caseload responsibly while ensuring that every case receives appropriate consideration under Washington’s anti-discrimination laws.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: Agency Contact Information–Public Records Officer

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

September 25, 2025January 8, 2026

WSHRC: Nature of Orders and Enforcement

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the nature of orders and enforcement? Here’s my point of view.

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WAC 162-08-305: Understanding the Public Nature of Commission Orders

WAC 162-08-305* defines how orders issued in Washington State Human Rights Commission proceedings function and who controls their enforcement. The rule emphasizes that these orders are tools of public law enforcement rather than private remedies owned by individual complainants.

Orders Serve a Public Enforcement Role

Under this regulation, orders secured by Commission counsel are characterized as public reparation orders. They are not judgments resolving private disputes between respondents and affected individuals. Even when an order directs a respondent to reinstate or compensate a person harmed by an unfair practice, the beneficiary does not hold a vested property right in that relief until it is actually delivered. This reflects the Commission’s statutory role in advancing compliance with the Law Against Discrimination on behalf of the public at large.

Enforcement Is Reserved to the Commission

The rule also centralizes enforcement authority. With limited statutory and regulatory exceptions (see RCW 49.60.260* and WAC 162-08-288*, respectively), only the Commission—acting through its legal counsel—may enforce an administrative law judge’s order. See RCW 49.60.260*. Individual complainants or beneficiaries do not have independent standing to enforce these orders, reinforcing the distinction between Commission proceedings and private civil actions.

Authority to Modify or Settle Orders

Finally, WAC 162-08-305* authorizes the Commission to compromise an order in good faith, even without the agreement of the individuals who would benefit from it. Except in certain real estate-related cases, this discretion allows the Commission to manage enforcement in a way that accounts for practical realities, legal risk, and broader policy objectives.

Implications

WAC 162-08-305* underscores that remedies issued through the Human Rights Commission are designed to vindicate public interests. While individuals may benefit from these orders, ultimate control over enforcement and resolution remains with the Commission itself.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

September 11, 2025September 11, 2025

WSHRC: Breach of Conciliated Agreement

Under the Washington State Administrative Code (hereinafter, “WAC”), how may the Washington State Human Rights Commission address the breach of a conciliated agreement? Here’s my point of view.

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Breach of Conciliated Agreement Under Washington Law

When discrimination complaints are resolved through Washington’s administrative process, the parties may enter into a conciliated agreement approved by the Washington State Human Rights Commission (WSHRC). These agreements are designed to eliminate unlawful practices under the Washington Law Against Discrimination (WLAD), RCW 49.60*. But what happens if one party fails to honor the terms of that agreement?

WAC 162-08-109* addresses this issue by outlining the tools available to the Commission’s executive director when a conciliation agreement is breached; it states as follows:

WAC 162-08-109
Breach of conciliated agreement.

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*.

WAC 162-08-109* (emphasis and paragraph formatting added).

Options Available to the Commission

Thus, if a party violates the agreement, the executive director may choose one or more of the following steps, depending on the circumstances:

1. Specific Enforcement in Court

The Commission may file an action in superior or district court to enforce the agreement. This could mean seeking a court order that compels compliance with the original terms, or pursuing damages that were provided for in the agreement.

2. Setting Aside the Agreement

The executive director may recommend that the Commissioners void the agreement, in whole or in part. If this occurs, the case can be reopened for further conciliation efforts, or it may be referred to the Commission’s legal counsel for a formal hearing.

3. Referral for Prosecution

In certain cases, the violation may be referred to the appropriate prosecuting attorney for enforcement under RCW 49.60.310*, which provides for criminal penalties in connection with violations of the WLAD.

Why This Rule Matters

For individuals, this rule ensures that entering into a conciliation agreement is not the end of the road—there is accountability if the other party fails to follow through. For attorneys, it highlights the importance of drafting and reviewing conciliation agreements carefully, since breach can lead to renewed litigation, enforcement actions, or even criminal referral.

In short, WAC 162-08-109* underscores that compliance with conciliation agreements is not optional. The Human Rights Commission has meaningful enforcement mechanisms to protect both the integrity of the process and the rights of the parties involved.

We invite you to read more of our articles related to this topic:

» Remedies for Breach of Conciliation Agreements*

» WSHRC: Objective of Conciliation

LEARN MORE

–gw

July 4, 2025September 11, 2025

WSHRC: Objective of Conciliation

Under the Washington State Administrative Code (hereinafter, “WAC”), what does the term “conciliation” mean when pursuing complaints through the Washington State Human Rights Commission (hereinafter, “WSHRC”)? Here’s my point of view.

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Understanding WAC 162-08-102: The Objective of Conciliation in Washington State Discrimination Law

When an allegation of discrimination arises under Washington’s Law Against Discrimination (WLAD), RCW 49.60*, one of the first tools employed by the Washington State Human Rights Commission (“Commission”) is conciliation. This process—grounded in WAC 162-08-102*—offers both legal professionals and the public insight into how the state prioritizes resolution of disputes in a way that not only halts discriminatory practices but also remedies their lingering effects.

The Regulatory Framework

The relevant Washington State Administrative Code* (“WAC”) states as follows:

WAC 162-08-102
Objective of conciliation.

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.

WAC 162-08-102* (first & second hyperlinks added). This administrative regulation establishes that conciliation is not simply about stopping an unfair practice; it is about eliminating both the discriminatory conduct and its consequences. The regulation instructs the Commission’s staff to approach conciliation guided by:

• The purposes of the WLAD (ensuring equal opportunity and freedom from discrimination).

• The policies and objectives of the Commission, especially those articulated in related provisions:

– WAC 162-08-061* (Relationship of commission to complainant),

– WAC 162-08-062* (Concurrent remedies–Other remedies), and

– WAC 162-08-298* (Remedies).

By linking WAC 162-08-102* to these provisions, the regulation underscores that conciliation is not a mere formality—it is a central mechanism for enforcing civil rights protections in Washington.

What Conciliation Means in Practice

For attorneys representing clients, understanding the scope of conciliation is critical. The process typically involves:

1. Conference and Persuasion – Informal discussions between the Commission, complainant, and respondent to explore resolution.

2. Conciliation Agreements – Negotiated commitments by respondents to both cease the discriminatory conduct and remedy its effects (for example, reinstatement, back pay, or policy changes).

3. Forward-Looking Protections – Ensuring that the respondent adopts practices to prevent recurrence, often through training, monitoring, or systemic reforms.

Unlike private settlement agreements, Commission conciliation carries a public interest dimension: it is designed not just to resolve disputes between parties, but to advance the state’s broader mandate of eradicating discrimination.

Why the Distinction Matters

The language of WAC 162-08-102* makes clear that a successful conciliation must address two distinct goals:

• Stopping the discriminatory practice itself.

• Eliminating its ripple effects. For example, in an employment discrimination case, this could include back wages, seniority adjustments, or workplace reforms that restore the complainant’s position and opportunities.

For practitioners, this means conciliation is not just about negotiating a quick settlement—it is about ensuring structural and remedial relief consistent with the Commission’s objectives.

Implications for Legal Professionals and the Public

For Attorneys: Awareness of conciliation’s dual focus equips counsel to advise clients realistically about potential remedies and obligations. Respondents must be prepared to do more than simply “stop” a practice—they must also correct its consequences.

For the Public: The Commission’s emphasis on conciliation reflects a commitment to fairness. Individuals subjected to discrimination should know that the process aims not only to halt misconduct but also to restore their rights and opportunities.

Conclusion

WAC 162-08-102 reinforces that conciliation is more than compromise—it is corrective justice. By requiring elimination of both the practice and its effects, Washington’s regulatory framework ensures that conciliation serves as a meaningful tool in advancing the WLAD’s mission: a state free from discrimination.

We invite you to read more of our articles related to this topic:

» Remedies for Breach of Conciliation Agreements*

» The Intersection of WSHRC and EEOC*

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Damages for Humiliation and Suffering*

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: Breach of Conciliated Agreement

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

June 15, 2025August 7, 2025

WSHRC: Investigation

Under the Washington State Administrative Code (hereinafter, “WAC”), what is the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulation concerning investigation? Here’s my point of view.

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Understanding WAC 162-08-094: A Simple Explanation of the Investigation Process for Discrimination Complaints in Washington State

If you’ve ever filed or responded to a WSHRC discrimination complaint, it’s helpful to understand how that agency handles investigations. Washington Administrative Code (WAC) 162-08-094 outlines key steps in this process. The relevant provision states as follows:

WAC 162-08-094
Investigation.

(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.

WAC 162-08-094*. Here’s a plain-language overview to help you understand what this rule means.

Step 1: Notifying the Respondent

Once a discrimination complaint is filed—except in cases involving real estate—the person or organization being accused (called the respondent) will receive a copy of the complaint. The Commission will also give them a chance to respond in writing. Even if there’s a delay or error in this notification, it doesn’t invalidate the complaint or stop the investigation from moving forward.

Step 2: Early Review of the Complaint

Before launching a full investigation, the Commission takes a preliminary look at the complaint. If, even assuming the allegations are true, there’s no legal basis for the Commission to act, they may decide to:

• Dismiss the complaint (finding “no reasonable cause”),

• Recommend that the Commission doesn’t have jurisdiction (authority),

• Or suggest another appropriate outcome.

This step helps ensure that only valid complaints move forward.

Step 3: Focused Fact-Finding

If the complaint proceeds, the investigation will focus solely on the facts related to the specific unfair practice alleged. This means investigators won’t go on a broad search—they’ll stick to what’s directly relevant to the complaint, as required by state law (RCW 49.60.240*).

In Summary

This rule outlines how the Washington State Human Rights Commission manages the early stages of a discrimination complaint. It ensures that both parties are informed and treated fairly, starting with notification, followed by a careful review to determine if the complaint has legal grounds, and ending with a fact-based investigation focused on the specific issues raised. Understanding this process helps everyone involved know their rights and what steps may come next.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

April 17, 2025April 21, 2025

WSHRC: Sanctions

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning sanctions? Here’s my point of view.

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WSHRC: PRACTICE AND PROCEDURE: SANCTIONS

In administrative law, procedural compliance is essential to ensuring fairness and efficiency. Washington State’s Administrative Code, specifically WAC 162-08-015*, outlines the authority of administrative law judges and the Washington State Human Rights Commission to impose sanctions for misconduct or procedural abuse during administrative proceedings. This provision plays a critical role in maintaining the integrity of administrative processes, especially in cases related to discrimination and civil rights enforcement. The relevant provision states as follows:

WAC 162-08-015
Sanctions.

(1) Administrative hearings. In a case which has been noted for hearing the administrative law judge, on his or her own initiative or on motion of a party, may order a party or counsel who uses these rules for the purpose of delay, or who fails to comply with these rules or other procedures previously ordered, to satisfy terms or pay compensatory damages including attorney’s fees to any other person who has been harmed by the delay or the failure to comply. The administrative law judge may condition the right of a party to take specific action or raise specific defenses on satisfaction of the terms of the order or payment of the damages and attorney’s fees. The administrative law judge may condition the right of a counsel to participate further in the case upon satisfaction of the terms of an order or payment of the damages and attorney’s fees. The administrative law judge shall incorporate in his or her final order any sanctions order which has not been complied with, so that the sanctions order may be enforced as provided in RCW 49.60.260* and 49.60.270* and appealed from as provided in RCW 34.05.514*.

(2) Other proceedings. In a proceeding not covered by subsection (1) of this section, the chairperson of the commission may order a person or counsel who uses these rules for the purpose of delay, or who fails to comply with these rules or other procedures previously ordered, to satisfy terms, and the chairperson may condition further participation in a proceeding on compliance with these rules or orders imposing terms, but the chairperson of the commission shall not impose sanctions in the form of payment of damages or attorney’s fees.

WAC 162-08-015*.

OVERVIEW OF WAC 162-08-015

WAC 162-08-015* sets forth two primary categories where sanctions may be imposed: administrative hearings and other commission proceedings. Each category has distinct rules and enforcement mechanisms designed to deter misuse of the process and ensure accountability.

1. Sanctions in Administrative Hearings

When a case proceeds to a formal hearing, the administrative law judge (ALJ) is empowered to issue sanctions against parties or their legal representatives. These sanctions may arise under the following circumstances:

a. Using procedural rules for delay: If a party or attorney exploits the rules solely to stall the process.

b. Non-compliance: If there is a failure to follow procedural requirements or prior orders from the ALJ.

In such cases, the ALJ may require the offending party or attorney to:

• Satisfy certain terms (such as taking remedial actions),

• Pay compensatory damages,

• Reimburse attorney’s fees incurred by the opposing party.

Importantly, the ALJ may condition further participation in the hearing on compliance with these sanctions. This includes limiting the party’s ability to take actions or raise defenses until the sanctions are fulfilled.

Any unresolved sanctions at the time of the final ruling are incorporated into the final order, making them enforceable under RCW 49.60.260* and RCW 49.60.270*, and subject to appeal as described in RCW 34.05.514*.

2. Sanctions in Other Proceedings

Outside of formal hearings—such as during investigations or informal commission processes—the Chairperson of the Washington State Human Rights Commission holds similar, though more limited, authority.

In these contexts, if a person or attorney causes delay or violates procedural rules or orders, the Chairperson can:

• Impose conditions for continued participation in the proceeding,

• Order compliance with previously established rules or directives.

However, unlike in administrative hearings, the Chairperson cannot order the payment of damages or attorney’s fees in these situations.

IMPORTANCE AND IMPACT

The inclusion of sanctions in WAC 162-08-015 reinforces a critical principle in administrative justice: that efficiency and fairness must be preserved throughout the legal process. By allowing for compensatory remedies in formal settings and enforcing procedural discipline in informal ones, the regulation discourages frivolous tactics and promotes respectful engagement.

These provisions also help protect claimants and respondents alike from unnecessary delays and expenses, especially in matters involving civil rights and discrimination claims—areas where timely resolution is often essential to justice.

FINAL THOUGHTS

WAC 162-08-015* is a valuable tool in Washington State’s administrative framework, promoting accountability among participants in legal proceedings under the Human Rights Commission’s jurisdiction. Whether you are a party to a case or a legal representative, understanding this regulation is essential for navigating administrative hearings with integrity and professionalism.

If you are involved in a case before the Washington State Human Rights Commission, it’s wise to consult with an attorney who understands the nuances of administrative law and can help ensure compliance with all applicable rules—including WAC 162-08-015*.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

LEARN MORE

-gw

February 14, 2025July 24, 2025

WSHRC: Concurrent Remedies

Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning both concurrent and other remedies? Here’s my point of view.

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I. Understanding WAC 162-08-062: Concurrent Remedies Under Washington’s Law Against Discrimination

Washington State’s commitment to eradicating discrimination is firmly established under the Washington Law Against Discrimination (WLAD), codified in Chapter 49.60* RCW. A critical regulation within this framework is WAC 162-08-062*, which clarifies how individuals may pursue remedies when facing unlawful discrimination, particularly when multiple legal avenues are available.

This regulation addresses the doctrine of concurrent remedies, ensuring complainants understand how administrative, civil, and criminal processes intersect under state law. It states as follows:

WAC 162-08-062
Concurrent remedies—Other remedies.

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.

WAC 162-08-062* (emphasis added). Here’s a breakdown of the key provisions:

II. Breakdown of Key Provisions — WAC 162-08-062

1. Right to Pursue Other Remedies

The core principle of WAC 162-08-062* is that individuals alleging discrimination are not limited to filing a complaint with the WSHRC. Instead, they retain the right to simultaneously pursue:

• Civil litigation, such as filing a lawsuit in state or federal court.

• Criminal complaints, if applicable.

• Other administrative proceedings, including those conducted by local human rights agencies or federal bodies like the EEOC.

This right is preserved except where otherwise limited by RCW 49.60.340*, which pertains to the exclusivity of certain remedies under collective bargaining agreements.

2. Real Estate Complaints and Cooperative Agreements

Under subsection (1), discrimination complaints involving real estate transactions are subject to special treatment. If a complainant files a real estate discrimination complaint both with the WSHRC and another agency (e.g., HUD) with whom the WSHRC has a cooperative agreement, the state complaint will generally be held in abeyance—or temporarily paused—while the other agency investigates.

This provision avoids duplicative investigations and streamlines enforcement when multiple agencies have jurisdiction. However, if the cooperating agency defers to the state under the terms of their agreement, the WSHRC will proceed with the case.

3. General Rule for Other Claims

In non-real estate discrimination cases, if the same claim is being actively litigated in a state or federal court, the WSHRC will typically pause its investigation unless the Executive Director or Commission decides it should continue.

However, if the matter is pending in another administrative forum, the WSHRC will generally continue its investigation unless the leadership determines a pause is appropriate. This flexibility helps prevent inconsistent findings and conserves public resources.

4. Single Recovery Rule

Per subsection (3), a complainant cannot obtain relief from multiple government entities for the same harm or injury. This prevents double recovery—a legal concept that bars individuals from receiving overlapping damages from different sources for a single injury.

For example, a successful damages award from a federal court bars a separate damages award for the same incident from the WSHRC or a local human rights agency.

5. Binding Effect of First Decision

Finally, subsection (4) warns complainants of the potential legal implications of pursuing claims in multiple forums. When different tribunals review the same set of facts and legal issues, the first body to issue a ruling may have a binding effect on subsequent proceedings.

This could mean that factual or legal determinations made in one forum may limit or preclude arguments in another—particularly under the doctrines of res judicata or collateral estoppel.

III. Conclusion

WAC 162-08-062* reflects Washington State’s effort to offer flexibility to discrimination complainants while maintaining the integrity and efficiency of its administrative and judicial systems. By allowing—but carefully regulating—concurrent remedies, the law ensures access to justice without unnecessary duplication or conflicting outcomes. Anyone considering multiple legal paths should do so with a full understanding of both their rights and responsibilities under the law.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

January 17, 2025August 21, 2025

WSHRC: Protective Orders

Under the Washington State Administrative Code (hereinafter, “WAC”), what is the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulation concerning protective orders? Here’s my point of view.

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Understanding Protective Orders Under Washington’s Anti-Discrimination Law: A Closer Look at WAC 162-08-096

When people hear the term protective order, they often think of restraining orders in domestic violence cases. But in Washington State’s legal system, protective orders can also play a vital role in protecting sensitive information during legal investigations—especially in cases handled by the Washington State Human Rights Commission (WSHRC).

One such rule is WAC 162-08-096*, a regulation that gives the WSHRC the authority to protect individuals and businesses from unnecessary harm during the information-gathering process in discrimination investigations. This blog post breaks down what this rule means in plain English, why it matters, and how it may affect you if you’re involved in one of these proceedings.

What Is WAC 162-08-096?

WAC 162-08-096* is part of Washington’s administrative rules that guide how the WSHRC handles discrimination complaints. Specifically, this rule allows the chairperson of the Commission to issue protective orders—official directives that limit how certain information is shared or used during an investigation. The relevant law states as follows:

WAC 162-08-096
Protective orders.

(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*.

WAC 162-08-096*.

Protective orders are designed to prevent:

• Annoyance

• Embarrassment

• Oppression

• Undue burden or expense

These concerns may arise, for example, when sensitive personal information or trade secrets are requested by the Commission as part of a discrimination investigation.

When Can a Protective Order Be Requested?

A protective order under WAC 162-08-096* can be requested in two main ways:

1. By a party to the case – This could be the person who filed the discrimination complaint or the person or entity being accused.

2. By someone who’s being asked to provide information – Even if they’re not directly involved in the case.

The person requesting the order must show “good cause,” meaning a valid reason supported by facts. The chairperson then decides whether justice requires limiting how the information is disclosed.

What Can the Chairperson Do?

If the chairperson finds good cause, they can issue a protective order similar to those a judge can issue under civil court rules (specifically Civil Rule 26(c)*). These orders might:

• Restrict who can see the information.

• Limit how the information can be used.

• Require documents to be sealed (kept confidential).

• Prevent certain types of questions in a deposition.

• Allow disclosure only under specific conditions (e.g., only to attorneys).

The goal is to balance the need for a full investigation with the right to privacy or protection of confidential information.

What Happens If the Request Is Denied?

If the request for a protective order is denied in whole or in part, the chairperson may still set fair terms and conditions for how the information must be disclosed. In such cases, the party or person would still need to provide the requested information—but possibly under safeguards outlined in WAC 162-08-097*, which deals with confidentiality and limits on how that information is used.

Sealing Documents

The chairperson may also issue an order to seal documents, meaning they become part of the official file but are not available to the public. This is governed by a related rule: WAC 162-04-035*, which allows for keeping sensitive materials out of the public record if justice so requires.

Why This Matters

If you’re involved in a WSHRC investigation—whether you’re making a discrimination complaint, responding to one, or simply being asked to provide information—you have the right to ask for protection if the request invades your privacy or risks exposing confidential business information.

WAC 162-08-096* ensures that the fact-finding process doesn’t come at an unreasonable personal or professional cost. It’s one of the many ways Washington law aims to protect people from both discrimination and unnecessary harm during the process of addressing it.

Key Takeaway

WAC 162-08-096* gives individuals and businesses a tool to protect themselves from unfair exposure during discrimination investigations. If you’re facing a request for sensitive information in one of these cases, you may be able to ask for a protective order. Consulting an attorney familiar with Washington’s anti-discrimination laws can help you navigate this process and assert your rights effectively.

We invite you to read more of our articles related to this topic:

» WA State Human Rights Commission Complaints

» WA State Human Rights Commission: Functions, Powers, and Duties

» WSHRC: From Complaint to Conclusion

» WSHRC: Organization and Operations

» WSHRC: Procedure When None Is Specified

» WSHRC: Relationship of Commission to Complainant

» WSHRC: Withdrawal of Complaint

LEARN MORE

–gw

Understanding WAC 162‑08‑041: How Service and Filing Work in Washington Human Rights Commission Proceedings

1. How Documents Must Be Served

2. Who Is Responsible for Serving What?

3. Who Must Be Served?

4. Serving the Commission Itself

5. When Service by Mail Is Considered Complete

6. Filing Requirements

Conclusion

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When Agencies Get a Second Look: Understanding WAC 162-08-101

What Is WAC 162-08-101 About?

Key Elements of the Rule

1. “The commission may reconsider”

2. “and correct any finding”

3. “in which errors affecting the result are brought to its attention”

KEY IMPLICATIONS

For the General Public

For Legal Professionals

What This Rule Does Not Do

In Summary

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Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact

1. Voluntary Withdrawal of a Complaint

2. Settlement Before Findings (Prefinding Settlement)

3. Administrative Closure

Implications

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WAC 162-08-305: Understanding the Public Nature of Commission Orders

Orders Serve a Public Enforcement Role

Enforcement Is Reserved to the Commission

Authority to Modify or Settle Orders

Implications

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Breach of Conciliated Agreement Under Washington Law

Options Available to the Commission

1. Specific Enforcement in Court

2. Setting Aside the Agreement

3. Referral for Prosecution

Why This Rule Matters

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Understanding WAC 162-08-102: The Objective of Conciliation in Washington State Discrimination Law

The Regulatory Framework

What Conciliation Means in Practice

Why the Distinction Matters

Implications for Legal Professionals and the Public

Conclusion

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Understanding WAC 162-08-094: A Simple Explanation of the Investigation Process for Discrimination Complaints in Washington State

Step 1: Notifying the Respondent

Step 2: Early Review of the Complaint

Step 3: Focused Fact-Finding

In Summary

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WSHRC: PRACTICE AND PROCEDURE: SANCTIONS

OVERVIEW OF WAC 162-08-015

1. Sanctions in Administrative Hearings

2. Sanctions in Other Proceedings

IMPORTANCE AND IMPACT

FINAL THOUGHTS

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I. Understanding WAC 162-08-062: Concurrent Remedies Under Washington’s Law Against Discrimination

II. Breakdown of Key Provisions — WAC 162-08-062

1. Right to Pursue Other Remedies

2. Real Estate Complaints and Cooperative Agreements

3. General Rule for Other Claims

4. Single Recovery Rule

5. Binding Effect of First Decision

III. Conclusion

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Understanding Protective Orders Under Washington’s Anti-Discrimination Law: A Closer Look at WAC 162-08-096

What Is WAC 162-08-096?