WSHRC: Sanctions

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.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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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*.


RELATED ARTICLES

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

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.

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WSHRC: Concurrent Remedies

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.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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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.


RELATED ARTICLES

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

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.

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WSHRC: Procedure When None Is Specified

WSHRC: Procedure When None Is Specified


Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning procedure when none is specified? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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WSHRC–PRACTICE AND PROCEDURE–PROCEDURE WHEN NONE IS SPECIFIED (WAC 162-08-019)

When it comes to legal or administrative procedures, rules are essential—but what happens when there’s no clear rule in place? That’s where WAC 162-08-019 steps in for the Washington State Human Rights Commission. The relevant rule states as follows:

WAC 162-08-019
Procedure when none is specified.

(1) Any orderly procedure. To take care of a problem for which no procedure is specified by this chapter, the Administrative Procedure Act, chapter 34.05* RCW, or the law against discrimination, chapter 49.60* RCW, any orderly procedure may be used. Appropriate procedures may be taken from the Washington civil rules for superior courts, the federal rules of civil procedure, or the rules of other administrative agencies of the state of Washington or of the United States.

(2) By chairperson. The chairperson of the commission or an administrative law judge may specify the procedure to be used to dispose of any matter not covered by this chapter, or any matter covered by a rule that has been waived or altered in the interest of justice under authority of WAC 162-08-013*.

WAC 162-08-019* (emphasis added).

WAC 162-08-019 — A CLOSER LOOK

Thus, WAC 162-08-019* provides guidance for situations where no specific procedure is outlined in the WAC, the Administrative Procedure Act (RCW 34.05*), or the state’s Law Against Discrimination (RCW 49.60*). Essentially, if there’s no official roadmap, the commission can use any “orderly procedure” to resolve the issue. These procedures might be borrowed from Washington’s civil court rules, federal court procedures, or even rules from other state or federal agencies.

Additionally, the chairperson of the commission or an administrative law judge has the authority to decide what procedure should be followed in these cases—especially when an existing rule has been waived or adjusted for fairness under WAC 162-08-013*.

CONCLUSION

In short, WAC 162-08-019* ensures flexibility and fairness, making sure the WSHRC can still act efficiently and justly, even when the rulebook is silent.


RELATED ARTICLES

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

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