by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, may the executive director issue opinions? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).
WSHRC regulations authorize the executive director to issue opinions subject to limitations within the following categories: (1) Authorization; (2) Review by Commission; (3) Revocation or Revision; (4) Supersedure; (5) Reliance; (6) Subdelegation; and (7) Authentication.
EXECUTIVE DIRECTOR MAY ISSUE OPINIONS
WAC 162-04-070 is the relevant regulation, and it provides as follows:
1. Authorization
The executive director may issue written opinions to persons who request advice as to the application of the law against discrimination or rules or practices of the commission. The opinions shall not be inconsistent with the statute, or the regulations or policies of the commission.
2. Review by Commission
The executive director shall send a copy of each opinion to each commissioner before, or promptly after, it is sent to the person requesting it. Any commissioner may have the question of commission approval, disapproval, or revision of an opinion put on the agenda of a commission meeting, and the commission shall then approve, disapprove, or revise the opinion.
3. Revocation or Revision
An opinion of the executive director may be revoked or revised at any time by the executive director, or by action of the commissioners at a meeting. The revocation or revision shall not be effective as to the person who requested the opinion until that person has notice of the revocation or revision.
4. Supersedure
An opinion of the executive director is automatically superseded by any material change in the applicable statutes, regulations, or case law. Notice to the person who requested the opinion is not necessary for supersedure under this paragraph.
5. Reliance
When any person has relied in good faith on an opinion of the executive director, the commission will not thereafter assert a contrary position against that person, unless the opinion is revoked or revised, or is superseded by a material change in the applicable statutes, regulations, or case law. This paragraph covers persons other than the person who requested the opinion, if the persons have justifiedly relied on the opinion.
6. Subdelegation
The executive director may authorize members of the commission’s staff or the commission’s legal counsel to issue opinions in the name of the executive director, subject to the supervision of the executive director, and subject to all of the requirements of this section.
7. Authentication
Nothing shall be an opinion of the executive director for purposes of …[WAC 162-04-070] unless it is designated as such in its caption or in its text.
See WAC 162-04-070 (internal and external hyperlinks added).
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