Uncategorized Archives • Page 2 of 2 • WSHRC Digest

Withdrawal of Complaint

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, how can a complainant withdraw his/her complaint? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt guidelines regarding how to withdraw a complaint. See WAC 162-08-091, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

WITHDRAWAL OF COMPLAINT

WAC 162-08-091 is the relevant regulation, and it addresses the withdrawal of complaints as follows:

(1) Consent necessary. A complaint or any part thereof may be withdrawn only with the consent of the commission.

(2) Form. A request for withdrawal of a complaint must be in writing and signed by the complainant and must state in full the reasons why withdrawal is requested. Blank forms may be obtained at commission offices.

WAC 162-08-091 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Concurrent Remedies

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the limitations for complainants or aggrieved persons that simultaneously pursue other available civil/criminal remedies in addition to, or in lieu of, filing an administrative discrimination complaint with the commission? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

SIMULTANEOUS REMEDIES & LIMITATIONS

The commission has promulgated rules that limit a complainant’s ability to simultaneously seek remedies for discrimination through the commission and other forums. The relevant rule is WAC 162-08-062, and it provides as follows:

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) [RELIEF FOR SAME HARM OR INJURY]

No complainant or aggrieved person may secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury.

(4) [RES JUDICATA ISSUES]

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 (some hyperlinks added).

IMPLICATIONS: EMPLOYMENT DISCRIMINATION LAWSUITS

The above rule appears to say, inter alia, that if the commission files a charge of discrimination on behalf of a claimant, and the claimant simultaneously maintains an associated lawsuit in state or federal court (whether under the law against discrimination or similar law), then the commission will merely hold the charge in abeyance during the pendency of the lawsuit; however, the executive director or the commissioners may direct that the complaint continue to be processed notwithstanding the existence of an associated court action.

If the state/federal court is the first to rule on the claims after making factual and legal determinations, then, in some circumstances, those determinations may be binding on the commission in its disposition of the associated charge of discrimination. QUERY: under what circumstances will the determinations of state or federal courts be binding on the commission? In any event, the complainant or aggrieved person may not secure relief from the commission and a federal or state court for the same harm or injury.

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–gw

Practice & Procedure Definitions – Commission

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what is the definition of the term “Commission”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF COMMISSION

WAC 162-08-017 is the relevant regulation, and it defines the term “Commission” as follows:

“Commission” means the Washington state human rights commission as an institution, whether acting through the commissioners, an administrative law judge, the executive director or staff, its legal counsel, or others, except where the context indicates one of the narrower meanings.

WAC 162-08-017 (emphasis added) (hyperlink added). In the Practice-and-Procedure Chapter, the term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

Paper Submission Guidelines

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the guidelines for paper submissions? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt guidelines regarding paper submissions. See WAC 162-08-051, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

THE GENERAL RULE

The Commission allows papers to be submitted in any form, subject to the exceptions below. However, it “requests, but does not require, that all papers be typewritten on white paper of letter size (8 1/2 x 11″).” WAC 162-08-051.

THE EXCEPTIONS

There are two exceptions to the above rule as follows: (1) papers filed with an administrative law judge that are covered by WAC 162-08-241; and (2) any other papers wherein the form is specified by rule. WAC 162-08-051.

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Executive Director Opinions

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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WSHRC Definition of Protected Class

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “protected class”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF PROTECTED CLASS (GENERALLY)

WAC 162-04-010 is the relevant regulation, and it defines the term “protected class” as follows:

“Protected class” means the persons who are members of (or who are treated as members of) one of the groups against whom discrimination is declared to be an unfair practice by the law against discrimination. Protected classes include persons between the ages of forty and seventy, persons of any race, creed, color, national origin, sex, or marital status, and persons who are handicapped.

WAC 162-04-010 (emphasis added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

REGARDING EMPLOYMENT DISCRIMINATION

For purposes of WSHRC employment regulations (WAC 162-16), protected class means as follows (unless the context clearly indicates another meaning):

“Protected status” is short for the phrase, “age, sex, sexual orientation, gender expression or gender identity, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person,” and means the full phrase (see RCW 49.60.180).

WAC 162-16-200.

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–gw

WSHRC Definition of Member

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “member”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF MEMBER

WAC 162-04-010 is the relevant regulation, and it defines the term “member” as follows:

“Member” means a member of the commission, except where the context indicates another meaning is intended.

WAC 162-04-010 (emphasis added) (hyperlink added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

WSHRC Definition of Marital Status

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “marital status”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF MARITAL STATUS

WAC 162-04-010 is the relevant regulation, and it defines the term “marital status” as follows:

“Marital status” refers to the legal status of being married, single, divorced, or widowed.

WAC 162-04-010 (emphasis added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

WSHRC Definition of Handicap

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “handicap”? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF HANDICAP

WAC 162-04-010 is the relevant regulation, and it defines the term “handicap” as follows:

“Handicap” is short for the phrase “the presence of any sensory, mental, or physical handicap” used in the law against discrimination, and means the full phrase. See WAC 162-22-040.

WAC 162-04-010 (emphasis added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

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–gw

Credit Transactions — Definition of Consumer Credit

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “consumer credit“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “consumer credit.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF CONSUMER CREDIT

WAC 162-40-041 is the relevant regulation, and it defines the term “consumer credit” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(6) “Consumer credit” means credit extended to a person primarily for personal, family, or household purposes.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Real Estate Transactions — Definition of Families with Children Status

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Real Estate Transactions Regulations, what is the definition of “families with children status“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “families with children status.” See WAC 162-36-001, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added). Additional enabling authority is provided under RCW 49.60.240.

REAL ESTATE TRANSACTIONS — DEFINITION FAMILIES WITH CHILDREN STATUS

WAC 162-36-001 is the relevant regulation, and it defines the term “families with children status” as follows:

(3) “Families with children status” means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years[.]

WAC 162-36-001(3) (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Consumer Reporting Agency

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “consumer reporting agency“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “consumer reporting agency.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF CONSUMER REPORTING AGENCY

WAC 162-40-041 is the relevant regulation, and it defines the term “consumer reporting agency” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(7) “Consumer reporting agency” means any person which for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purposes of furnishing reports on consumers to third parties.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Community Property

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “community property“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “community property.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF COMMUNITY PROPERTY

WAC 162-40-041 is the relevant regulation, and it defines the term “community property” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(5) “Community property” means community property as defined in RCW 26.16.030 Community property defined—Management and control.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Inadvertent Error

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of “inadvertent error“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “inadvertent error.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF INADVERTENT ERROR

WAC 162-40-041 is the relevant regulation, and it defines the term “inadvertent error” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(15) “Inadvertent error” means a mechanical, electronic, or clerical error that a creditor demonstrates was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Account

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “account“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “account.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF ACCOUNT

WAC 162-40-041 is the relevant regulation, and it defines the term “account” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

(1) “Account” means an extension of credit. When employed in relation to an account, the word “use” refers only to open end credit.

. . .

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Definition of Credit Transaction

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “credit transaction“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “credit transaction.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

DEFINITION OF CREDIT TRANSACTION

WAC 162-40-041 is the relevant regulation, and it defines the term “credit transaction” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(12) “Credit transaction” is defined in RCW 49.60.040.

…

WAC 162-40-041 (emphasis added) (hyperlinks added). Accordingly, the term Credit transaction is defined under RCW 49.60.040 as follows:

Definitions. (Effective until January 1, 2019.)

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

…

(6) “Credit transaction” includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.

…

RCW 49.60.040.

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–gw

Credit Transactions — Definition of Application

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “application“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “application.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF APPLICATION

WAC 162-40-041 is the relevant regulation, and it defines the term “application” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(4) “Application” means an oral or written request for an extension of credit that is made in accordance with procedures established by a creditor for the type of credit requested. The term does not include the use of an account or line of credit to obtain an amount of credit that is within a previously established credit limit. A “completed application” means an application in connection with which a creditor has received all the information that the creditor regularly obtains and considers in evaluating applications for the amount and type of credit requested (including, but not limited to, credit reports, any additional information requested from the applicant, and any approvals or reports by governmental agencies or other persons that are necessary to guarantee, insure, or provide security for the credit or collateral). The creditor shall exercise reasonable diligence in obtaining such information.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Marital Status

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of “marital status“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “marital status.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF MARITAL STATUS

WAC 162-40-041 is the relevant regulation, and it defines the term “marital status” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(16) “Marital status” is defined in RCW 49.60.040(7).

…

WAC 162-40-041 (emphasis added) (hyperlink added). According to RCW 49.60.040(17), the term “Marital Status” is defined as the legal status of being married, single, separated, divorced, or widowed. Id.

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–gw

Credit Transactions — Coordination with Federal Law

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, how does the WSHRC coordinate its enforcement of the Washington Law Against Discrimination with enforcement of associated federal laws? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to addresses coordination of its enforcement of the Washington Law Against Discrimination with enforcement of associated federal laws. See WAC 162-40-021, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — COORDINATION WITH FEDERAL LAW

WAC 162-40-021 is the relevant regulation, and it addresses WSHRC coordination of its enforcement of the Washington State Law Against Discrimination with enforcement of associated federal laws, as follows:

(1) It is the policy of the commission to coordinate its enforcement of the Washington state law against discrimination with enforcement of the federal Equal Credit Opportunity Act, Pub. L. 93-495, as amended, and Regulation B Equal Credit Opportunity 12 C.F.R. 202, to the maximum extent possible without diminishing the impact of the state law where the statutes differ. Federal law alters, affects or preempts only those regulations contained in this chapter which are inconsistent with federal law, and then only to the extent of the inconsistency.

(2) Differences between state and federal regulations. The state of Washington is a community property state; therefore, regulations governing community property may define the differences between the federal and state regulations.

WAC 162-40-021 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Good Faith

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of “good faith“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “good faith.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF GOOD FAITH

WAC 162-40-041 is the relevant regulation, and it defines the term “good faith” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(14) “Good faith” means honesty in fact in the conduct or transaction.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Applicant

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “applicant“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “applicant.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF APPLICANT

WAC 162-40-041 is the relevant regulation, and it defines the term “applicant” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(3) “Applicant” means any person who requests or who has received an extension of credit from a creditor, and includes any person who is or may be contractually liable regarding an extension of credit other than a guarantor, surety, endorser, or similar party.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Contractually Liable

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “contractually liable“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “contractually liable.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF CONTRACTUALLY LIABLE

WAC 162-40-041 is the relevant regulation, and it defines the term “contractually liable” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(8) “Contractually liable” means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect.

…

WAC 162-40-041 (emphasis added) (hyperlinks added).

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Credit Transactions — Definition of Creditor

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “creditor“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “creditor.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF CREDITOR

WAC 162-40-041 is the relevant regulation, and it defines the term “creditor” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(11) “Creditor” means a person who, in the ordinary course of business, regularly participates in the decision of whether or not to extend credit. The term includes the creditor‘s assignee, transferee, or subrogee who so participates. The term also includes a person who, in the ordinary course of business, regularly refers applicants or prospective applicants to creditors, or selects or offers to select creditors to whom requests for credit may be made. A person is not a creditor regarding any violation committed by another creditor unless the person knew or had reasonable notice of the act, policy, or practice that constituted a violation before becoming involved in the credit transaction. The term does not include a person whose only participation in a credit transaction is to honor a credit card.

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WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions – Definition of Credit Card

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “credit card“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “credit card.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF CREDIT CARD

WAC 162-40-041 is the relevant regulation, and it defines the term “credit card” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(10) “Credit card” means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit.

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WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Credit

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “credit“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “credit.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF CREDIT

WAC 162-40-041 is the relevant regulation, and it defines the term “credit” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(9) “Credit” means the right granted by a creditor to an applicant to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment therefor.

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WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Open End Credit

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of “open end credit“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the term “open end credit.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITION OF GOOD FAITH

WAC 162-40-041 is the relevant regulation, and it defines the term “open end credit” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

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(17) “Open end credit” means credit extended under a plan in which a creditor may permit an applicant to make purchases or obtain loans from time to time directly from the creditor or indirectly by use of a credit card, check, or other device. The term does not include negotiated advances under an open end real estate mortgage or letter of credit.

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WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw

Credit Transactions — Definition of Extend Credit & Extension of Credit

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what are the definitions of “extend credit” and “extension of credit“? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to define the terms “extend credit” and “extension of credit.” See WAC 162-40-041, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

CREDIT TRANSACTIONS — DEFINITIONS OF EXTEND CREDIT & EXTENSION OF CREDIT

WAC 162-40-041 is the relevant regulation, and it defines the terms “extend credit” and “extension of credit” as follows:

For purposes of this regulation, unless the context indicates otherwise, the following definitions apply:

…

(13) “Extend credit and extension of credit” mean the granting of credit in any form, including, but not limited to, credit granted in addition to any existing credit or credit limit; credit granted pursuant to an open end credit plan; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card; the consolidation of two or more obligations; or the continuance of existing credit without any special effort to collect at or after maturity.

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WAC 162-40-041 (emphasis added) (hyperlinks added).

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–gw