WA State Human Rights Commission Archives • Page 2 of 2 • WSHRC Digest

Findings

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning findings? 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 rules concerning findings. See WAC 162-08-098, 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).

FINDINGS

WAC 162-08-098 is the relevant regulation, and it addresses findings as follows:

(1) General. The findings document shall contain (a) findings of fact, and (b) an ultimate finding of reasonable cause or no reasonable cause for believing that an unfair practice has been or is being committed, or a finding on jurisdiction, as provided in (2) of this section.

(2) Jurisdictional dispositions. When the facts found show that the matter is not within the jurisdiction of the commission, the ultimate finding shall be “no jurisdiction” rather than “reasonable cause” or “no reasonable cause.” In extraordinary circumstances where the commission technically has jurisdiction but for overriding reasons of law or policy is unable to properly exercise its jurisdiction, the ultimate finding may be “jurisdiction declined.” An example of such an extraordinary circumstance is a complaint against the commission itself.

(3) Scope of reasonable cause finding. A finding of reasonable cause shall specify the unfair practice found and, as nearly as possible, the person or persons against whom the unfair practice has been committed. If the facts show an unfair practice against a class of persons, the class shall be indicated to the extent possible.

(4) Action by commissioners. Findings of no reasonable cause shall be reported to the commissioners at a meeting, and shall thereafter stand as the action of the commission unless the commissioners vote to set aside a particular finding. Findings of reasonable cause shall be used by the staff for the purpose of endeavoring to eliminate the unfair practices by conference, conciliation, and persuasion. Proposed findings of “no jurisdiction” or “jurisdiction declined” shall be reported to the commissioners and shall become commission action when approved by vote of the commissioners at a meeting.

(5) Effect of findings. A finding that there is or is not reasonable cause for believing that an unfair practice has been or is being committed is not an adjudication of whether or not an unfair practice has been or is being committed.

WAC 162-08-098 (emphasis added) (hyperlinks added).

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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

Reconsideration

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning reconsideration? 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 rules concerning reconsideration. See WAC 162-08-311, 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).

RECONSIDERATION

WAC 162-08-311 is the relevant regulation, and it addresses reconsideration rules as follows:

(1) Motion. Within ten days after being served with the final order of an administrative law judge, any party may serve and file a motion for reconsideration with the commission clerk. The motion shall identify the points that the party desires to have reconsidered and shall fully state the reasons for reconsideration. The motion shall in all other respects proceed as provided in RCW 34.05.470.

(2) Finality for appeal. When a motion for reconsideration has been filed, the order of the administrative law judge shall not be deemed final for purposes of appeal until the ruling on the motion has been served.

(3) Reconsideration not necessary for appeal. Motions for reconsideration should be made only when a party feels that the administrative law judge has overlooked or misunderstood something. It is not necessary to file a motion for reconsideration in order to appeal. RCW 34.05.470(5).

WAC 162-08-311 (emphasis added) (hyperlinks added).

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–gw

Conduct of Hearings

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning conduct of hearings? 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 rules concerning conduct of hearings. See WAC 162-08-291, 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).

CONDUCT OF HEARINGS

WAC 162-08-291 is the relevant regulation, and it addresses rules concerning conduct of hearings as follows:

(1) Reference to law. Hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW, RCW 49.60.250, and these rules.

(2) Administrative law judge presides. The administrative law judge shall preside as provided in WAC 162-08-211.

(3) Hearings shall be public. All administrative hearings shall be open to the public. Photographs and recordings of the proceedings may be made, subject to such conditions as the administrative law judge may impose to prevent interference with the orderly conduct of the hearing. Special lighting for photographic purposes may be used only if the administrative law judge has determined in advance that it will not be distracting. The administrative law judge may order news media to use one or more television cameras on a pooling basis if the number of cameras interferes with the conduct of the hearing.

(4) Record of testimony. The clerk shall determine whether the record of testimony taken at a hearing shall be made by mechanical means or by a court reporter.

(5) Copies of record. When the record has been recorded by mechanical means, rather than by a court reporter, a party ordering a copy of the record or part thereof under RCW 34.05.566 must pay the reasonable cost of transcription, as determined by the clerk, in advance of delivery of the copy. When the record is transcribed and copies of documents are made for transmittal to a reviewing court under RCW 34.05.566, the costs of transcription and copying may be charged to a nonindigent petitioner in accordance with RCW 34.05.566(3).

WAC 162-08-291 (emphasis added) (hyperlinks added).

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–gw

Findings, Conclusions, & Order

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning findings, conclusions, and orders? 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 rules concerning findings, conclusions, and orders. See WAC 162-08-301, 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).

FINDINGS, CONCLUSIONS, AND ORDER

WAC 162-08-301 is the relevant regulation, and it addresses rules concerning findings, conclusions, and orders as follows:

(1) Preliminary decision of administrative law judge. In every administrative hearing the administrative law judge shall prepare preliminary findings of fact, conclusions of law, and order in accordance with WAC 10-08-210, which shall be mailed to the parties and their counsel for comments, objections, and proposed corrections.

(2) Final decision of administrative law judge. After the expiration of thirty days from the receipt of comments upon the preliminary decision, the administrative law judge will issue a final decision which is enforceable in accordance with RCW 49.60.260.

WAC 162-08-301 (emphasis added) (hyperlinks added).

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–gw

Nature of Orders–Enforcement

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning the nature of orders–enforcement? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

NATURE OF ORDERS–ENFORCEMENT

WAC 162-08-305 is the relevant regulation, and it states that the nature of orders–enforcement is as follows:

(1) Nature of orders. Orders obtained by counsel for the commission are public reparation orders, not adjudications of private rights between respondents and persons aggrieved by the respondents’ unfair practices. When a respondent is ordered to rehire or compensate a person, the person who is the beneficiary of the order has no property right in the job, money, etc., until the person receives it.

(2) Enforcement of order. Except as may be otherwise provided in RCW 49.60.260 and WAC 162-08-288, only the commission, through its counsel, has the authority to enforce an order of an administrative law judge. RCW 49.60.260.

(3) Compromise of order. Except as may be otherwise provided for a complaint alleging an unfair practice in a real estate transaction, the commission, acting in good faith, may compromise an order of an administrative law judge, with or without the consent of the beneficiaries of the order.

WAC 162-08-305 (emphasis added) (hyperlinks added).

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–gw

Claims of Self Incrimination–Immunity

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning claims of self incrimination–immunity? 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 rules concerning claims of self incrimination–immunity. See WAC 162-08-294, 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).

CLAIMS OF SELF INCRIMINATION–IMMUNITY

WAC 162-08-294 is the relevant regulation, and it addresses claims of self incrimination–immunity as follows:

(1) How claimed. A natural person who is testifying under oath, may, instead of answering a question, decline to answer the question on the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture.

(2) Procedure before compelling testimony. Before compelling testimony after the privilege against self incrimination has been invoked (and thereby exempting the witness from prosecution) the administrative law judge shall ask examining counsel and also counsel for the commission to state their positions on whether the witness should be ordered to answer. Counsel for the commission may ask that the ruling be deferred for such time as is necessary for counsel for the commission to consult with other public officers before responding. The position of counsel for the commission and other public officers shall be given due weight by the administrative law judge in deciding whether to order the witness to answer.

(3) Inference from silence after immunity acquired. If the witness declines to answer the question after acquiring exemption from prosecution, the administrative law judge may consider the silence as evidence and may draw such inferences from it as are warranted by the facts surrounding the incident.

WAC 162-08-294 (emphasis added) (hyperlinks added).

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–gw

Conciliation Negotiations

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the guidelines for conciliation negotiations? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

CONCILIATION NEGOTIATIONS

WAC 162-08-104 is the relevant regulation, and it states that the guidelines for conciliation negotiations are as follows:

(1) Endeavors of staff. Except as may be otherwise provided for a complaint alleging an unfair practice in a real estate transaction, the task of the commission is to endeavor to eliminate the unfair practice through agreement with the respondent. The extent of effort to be expended toward this end will depend on the likelihood that agreement on mutually acceptable terms can be reached. If, for example, it is apparent from an exchange of letters that agreement cannot be reached, it is not necessary to hold a conference. If a respondent has been afforded a reasonable opportunity to negotiate, that is sufficient to satisfy the statutory requirements pertaining to conciliation of a complaint brought under chapter 49.60 RCW and this chapter.

(2) Reopening conciliation. The making and service of a finding that no agreement can be reached does not preclude renewing negotiations or reaching an agreement at a later time. The finding that no agreement can be reached is not affected by a renewal of negotiations, but it may be superseded by any subsequent agreement which resolves the unfair practices at issue in the complaint filed with the commission.

WAC 162-08-104 (emphasis added) (hyperlinks added).

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–gw

Protective Orders

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning protective orders? 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 rules concerning protective orders. See WAC 162-08-096, 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).

PROTECTIVE ORDERS

WAC 162-08-096 is the relevant regulation, and it addresses protective orders as follows:

(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 (emphasis added) (hyperlinks added).

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–gw

Real Estate Transactions — Conciliation

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning real estate transactions and conciliation? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

REAL ESTATE TRANSACTIONS–CONCILIATION

WAC 162-08-107 is the relevant regulation, and it addresses real estate transactions and conciliation as follows:

During the period beginning with the filing of a complaint of an unfair practice in a real estate transaction and ending with the filing of a charge or a dismissal by the commission, the commission shall, to the extent feasible, engage in conciliation with respect to the complaint.

(1) An agreement arising out of conciliation efforts under this section shall be an agreement between the respondent and the complainant, and shall be subject to approval by the commission.

(2) Each conciliation agreement shall be made public unless the complainant and respondent agree otherwise and the commission determines that disclosure is not necessary to further the purposes of chapter 49.60 RCW.

WAC 162-08-107 (emphasis added) (hyperlinks added).

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–gw

Breach of Conciliated Agreement

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning breach of a conciliated agreement? 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 rules concerning breach of a conciliated agreement. See WAC 162-08-109, 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).

BREACH OF CONCILIATED AGREEMENT

WAC 162-08-109 is the relevant regulation, and it addresses breach of a conciliated agreement as follows:

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 added) (hyperlinks added).

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–gw

Failure To Provide Information

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning the failure to provide information? 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 rules concerning the failure to provide information. See WAC 162-08-097, 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).

FAILURE TO PROVIDE INFORMATION

WAC 162-08-097 is the relevant regulation, and it addresses the failure to provide information as follows:

(1) Order compelling production of information. The chairperson of the commission is authorized to make any order that a court could make under CR 37(a), including an order awarding expenses of the motion to compel production of information pursuant to WAC 162-08-09501. The executive director, upon reasonable notice to other parties and all persons affected thereby, may obtain an order compelling production of information by motion to the chairperson of the commission. The form of the motion and the procedure for its disposition is governed by WAC 162-08-019. When taking testimony under oath, the proponent of the question may either complete or adjourn the examination before moving for an order compelling production of information.

(2) Enforcement of an order compelling production of information. If the party fails to comply with a subpoena compelling production of information, the matter may be turned over to counsel for the commission for enforcement of the order in superior court.

WAC 162-08-097 (emphasis added) (hyperlinks added).

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–gw

Approval of Agreements

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the guidelines for approval of agreements? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

APPROVAL OF AGREEMENTS

WAC 162-08-106 is the relevant regulation, and it provides the guidelines for approval of agreements as follows:

Except as may be otherwise provided for a complaint alleging an unfair practice in a real estate transaction, an agreement reached between the commission‘s staff and a respondent under RCW 49.60.240 shall be reduced to writing, signed by the respondent and a member of the commission‘s staff, and presented to the commissioners at a meeting. The agreement is not binding on the commission until the commissioners vote to accept it.

WAC 162-08-106 (emphasis added) (hyperlinks added).

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–gw

Objective of Conciliation

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

OBJECTIVE OF CONCILIATION

WAC 162-08-102 is the relevant regulation, and it states that the objective of conciliation is as follows:

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 (emphasis added) (hyperlinks added).

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–gw

Reconsideration of Findings

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the guidelines regarding reconsideration of findings? 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 reconsideration of findings. See WAC 162-08-101, 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).

RECONSIDERATION OF FINDINGS

WAC 162-08-101 is the relevant regulation, and it addresses reconsideration of findings as follows:

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

WAC 162-08-101 (emphasis added) (hyperlinks added).

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–gw

Referrals To Staff

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the guidelines regarding referrals to staff? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

REFERRALS TO STAFF

WAC 162-08-093 is the relevant regulation, and it addresses referrals to staff as follows:

Unless the chairperson of the commission directs otherwise for a particular complaint, all complaints shall be investigated by the section of the staff designated for that purpose by the executive director, and the executive director shall have full power to assign and reassign cases for investigation by particular staff persons, and to assign and reassign staff persons to the section of the staff that investigates complaints, on a full-time or part-time basis.

WAC 162-08-093 (emphasis added) (hyperlinks added).

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–gw

Requests For Advanced Notice of Rule Making

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the guidelines concerning requests for advanced notice of rule making? 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 requests for advanced notice of rule making. See WAC 162-08-600, 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).

REQUESTS FOR ADVANCED NOTICE

WAC 162-08-600 is the relevant regulation, and it addresses requests for advanced notice of rule making as follows:

(1) Form. Requests for advance notice of rule making proceedings, as provided in RCW 34.05.320(3), shall be in writing and shall give the name of the requesting person or organization, and the address to which the notice is to be sent.

(2) Duration. Requests for advance notice of rule making proceedings will be honored for a period of three years after the date of the request, and may be renewed by written notice to the commission containing the information required for the original request.

(3) Where filed. Requests for advance notice of rule making proceedings should be filed at the Olympia office of the commission, attention rules coordinator.

WAC 162-08-600 (emphasis added) (hyperlinks added).

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–gw

Petitions for Rulemaking

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the guidelines concerning petitions for rulemaking? 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 petitions for rulemaking. See WAC 162-08-610, 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).

PETITIONS FOR RULEMAKING

WAC 162-08-610 is the relevant regulation, and it addresses petitions for rulemaking as follows:

Petitions to the commission for the promulgation, amendment, or repeal of a rule under RCW 34.05.330 shall include a statement of the reasons for the requested action, and may be accompanied by a brief of any applicable law. Petitions for the promulgation of a rule shall set out the full text of the proposed rule. Petitions for the amendment of a rule shall identify the rule by its WAC number, and shall contain the complete text of the rule as proposed to be amended, showing additions by underlining the new words and showing deletions by marking them over with a dotted line. Petitions for repeal of a rule shall identify the rule by WAC number, and may quote its text.

WAC 162-08-610 (emphasis added) (hyperlinks added).

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–gw

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).

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–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

Sanctions

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, how are sanctions applied? 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 for sanctions. See WAC 162-08-015, 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 WSHRC sanction guidelines are based on two categories: (1) Administrative Hearings; and (2) Other Hearings.

1. ADMINISTRATIVE HEARINGS (SUBSECTION 1)

DELAY/FAILURE TO COMPLY: “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.” WAC 162-08-015 (hyperlinks added).

CONDITION PRECEDENT: “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.” Id. (hyperlinks added).

FINAL ORDERS: “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.” Id. (hyperlinks added).

2. OTHER HEARINGS (SUBSECTION 2)

“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.” Id. (hyperlinks added).

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Procedure When None Is Specified

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what procedure is used when none is specified? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

ANY ORDERLY PROCEDURE MAY BE USED

When the commission is presented with a problem for which no procedure is specified by the Practice-and-Procedure Chapter, the Administrative Procedure Act (chapter 34.05 RCW), or the law against discrimination (chapter 49.60 RCW), then any orderly procedure may be used. WAC 162-08-019. “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.” Id.

BY CHAIRPERSON OR AMINISTRATIVE LAW JUDGE

Also, “[t]he 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” (Interpretation & Waiver). Id. (first three hyperlinks added).

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Practice & Procedure Definitions – Conciliation

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

DEFINITION OF CONCILIATION

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

“Conciliation” means the process provided in RCW 49.60.240 for the elimination by conference, conciliation, and persuasion of an unfair practice after a finding has been made that there is reasonable cause for believing that the unfair practice has been or is being committed.

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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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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Practice & Procedure Definitions – Administrative Hearing

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

DEFINITION OF ADMINISTRATIVE HEARING

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

“Administrative hearing” means a public hearing brought pursuant to RCW 49.60.250.

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

THE ADMINISTRATIVE HEARING (RCW 49.60.250)

An RCW 49.60.250 Hearing (Administrative Hearing) referenced in the definition above typically occurs when the parties associated with a complaint of discrimination fail “to reach an agreement for the elimination of such unfair practice,” and “upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission.” RCW 49.60.250 (hyperlinks added). Accordingly, the Commission Chairperson must then request the following:

[T]he appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.

Id. (hyperlinks added).

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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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Interpretation & Waiver

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the rules regarding interpretation and waiver of Practice-and-Procedure WACs? 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 rules regarding the interpretation and waiver of its Practice-and-Procedure chapter. See WA State Legislature Website (bottom of page body), WAC 162-08-013. 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 PRACTICE & PROCEDURE RULES

Chapter 162.08 WAC contains the Practice-and-Procedure rules for the Commission. These rules “govern all practice and procedure before the commission, including practice before administrative law judges.” WAC 162-08-011 (hyperlink added).

INTERPRETATION

Practice-and-Procedure rules (WAC 162.08) “shall be interpreted liberally to promote justice and to facilitate the decision of cases on the merits.” WAC 162-08-013.

WAIVER

Moreover, “[t]he chairperson of the commission or an administrative law judge, on their own initiative or on motion of a party, may waive or alter the procedures in any of these rules and may enlarge or shorten the time within which an act must be done in a particular case, in order to serve the ends of justice.” Id.

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Practice & Procedure Amendments

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, do Practice and Procedure Amendments apply to pending cases? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

PRACTICE & PROCEDURE AMENDMENTS

Chapter 162-08 WAC (Practice & Procedure) is the relevant law, and it addresses amendments to that chapter as follows:

(4) Amendments apply to pending cases. An amendment to this chapter applies to cases pending at the time of the adoption of the amendment, unless the amendment or rule-making order says that it does not apply to pending cases. An amendment to this chapter does not require that anything already done be redone to comply with the amendment, unless the amendment expressly says so.

WAC 162-08-011(4). Thus, amendments to the Practice and Procedure Chapter apply to pending cases unless indicated otherwise.

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The Interrelationship Between WSHRC, WLAD & APA

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what is the interrelationship between the WSHRC, the Washington Law Against Discrimination (WLAD), and the Administrative Procedure Act (APA)? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

WSHRC, WLAD & APA

WSHRC is a state agency established in 1949 by the Washington State Legislature. It is responsible for administering and enforcing the WLAD. Official WSHRC Website, last visited 3/21/18

WLAD “is a state law that prohibits discriminatory practices in the areas of employment, places of public resort, accommodation, or amusement, in real estate transactions, and credit and insurance transactions on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; and prohibits retaliation against persons who oppose a discriminatory practice, and those who file health care and state employee whistleblower complaints.” Id.

APA is a state law enacted in 1988 to “clarify the existing law of administrative procedure, to achieve greater consistency with other states and the federal government in administrative procedure, and to provide greater public and legislative access to administrative decision making.” RCW 34.05.001.

THE INTERRELATIONSHIP

Under the WAC, chapter 162-08 governs “all commission practice and procedure before the commission, including before administrative law judges.” WAC 162-08-011 (hyperlink added).

The rules in WAC 162-08 “supplement the statutory procedures in the Administrative Procedure Act, chapter 34.05 RCW, and the law against discrimination, chapter 49.60 RCW.” Id. (hyperlink added).

“Where provisions of the law against discrimination are inconsistent with the Administrative Procedure Act, the Administrative Procedure Act governs.” Id. (hyperlink added).

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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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Delegation of Executive Director Duties & Powers

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, may the executive director delegate his/her duties and powers? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

EXECUTIVE DIRECTOR MAY DELEGATE DUTIES & POWERS

WAC 162-04-060 is the relevant regulation, and it states as follows:

Unless a statute or rule provides otherwise, all duties and powers assigned to the executive director may be delegated by the executive director to other staff persons of the commission, with the executive director remaining responsible. The general practice of the commissioners is to assign all staff duties and powers to the executive director, with the understanding that the executive director will allocate and reallocate the tasks among the staff and see that the tasks are performed.

WAC 162-04-060 (emphasis and hyperlink added). Thus, the executive director may delegate his/her duties and powers to other staff persons of the commission. Ultimately, the executive director will remain responsible.

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Executive Director Responsibilities

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

EXECUTIVE DIRECTOR’S RESPONSIBILITIES

WAC 162-04-020 is the relevant regulation, and it states that the executive director’s responsibilities are as follows:

(4) Executive director. The executive director is the commission’s chief executive. He or she is responsible for carrying out the commission’s programs and directing the commission’s staff.

WAC 162-04-020 (emphasis and hyperlink added). The term is used with the meaning given under the regulations, unless the context clearly indicates another meaning. See WAC 162-04-010.

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WSHRC Objectives for Employment Regulations

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the objectives of its employment regulations, WAC 162-16? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

EMPLOYMENT DISCRIMINATION PROTECTIONS

The Washington Law Against Discrimination (WLAD) provides protections against employment discrimination (RCW 49.60.180, 49.60.190, and 49.60.200). See WAC 162-16-200. Further protections against employment discrimination are enumerated in RCW 49.60.172 (unfair practices with respect to HIV infection), RCW 49.60.174 (actual or perceived HIV infection), and RCW 49.60.210 (unfair to discriminate against person opposing unfair practice). See id.

THE OVERALL OBJECTIVE

The overall objective of the WLAD and the commission’s first objective in both writing the associated employment regulations (WAC 162-16) and making future decisions on questions not addressed in the chapter, is to eliminate and prevent discrimination. See id.

FOUR ADDITIONAL OBJECTIVES

The commission maintains four additional objectives in writing the employment regulations under WAC 162-16, as follows:

(1) To be consistent with interpretations of federal antidiscrimination law and the antidiscrimination laws of other states, where these are comparable to Washington law, and where the commission does not find that a different rule would better serve the state of Washington.

(2) To avoid the uncritical adoption of definitions from areas of law other than antidiscrimination law. It is appropriate to define employment differently in different areas of the law to carry out the separate purpose of each area of law.

(3) To give effect to the purposes of the exemption of employers of less than eight from public enforcement of the law against discrimination, as identified in RCW 49.60.040.

(4) The public and commission staff need standards that are certain and that are easy to understand and apply. Therefore we must sometimes simply draw a line, although reasonable persons could differ as to where the line should be drawn.

See WAC 162-16-200.

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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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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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Real Estate Transactions — Definition of Dwelling

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Real Estate Transactions Regulations, what is the definition of “dwelling“? 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 “dwelling.” 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 OF DWELLING

WAC 162-36-001 is the relevant regulation, and it defines the term “dwelling” as follows:

(2) “Dwelling” means any building, structure or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof[.]

WAC 162-36-001(1) (emphasis added) (hyperlinks added).

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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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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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WSHRC Definition of Age

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

DEFINITION OF AGE

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

“Age” means between forty and seventy years of age.

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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WSHRC Quorum

by Gregory Williams, Esq. | Under Washington State law, what is a quorum within the Washington State Human Rights Commission (WSHRC)? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

REVISED CODE OF WASHINGTON

Per the Revised Code of Washington, the WSHRC shall have the functions, powers, and duties “[t]o adopt, amend, and rescind suitable rules to carry out the provisions of … [the Washington Law Against Discrimination], and the policies and practices of the commission in connection therewith.” RCW 49.60.120.

WASHINGTON ADMINISTRATIVE CODE

Per the Washington Administrative Code, “[t]hree members constitute a quorum.” WAC 162-04-020. Accordingly, “[t]he affirmative vote of a majority of those present is action of the commission when there is a quorum at a meeting.” Id.

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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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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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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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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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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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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 — 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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–gw

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.

…

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

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–gw

Credit Transactions — Definition of Adverse Action

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Credit Transaction Regulations, what is the definition of the term “adverse action“? 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 “adverse action.” 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 ADVERSE ACTION

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

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

…

(2) “Adverse action.”

(a) The term means:

(i) A refusal to grant credit in substantially the amount or on substantially the terms requested in an application unless the creditor makes a counteroffer (to grant credit in a different amount or on other terms) and the applicant uses or expressly accepts the credit offered;

(ii) A termination of an account or an unfavorable change in the terms of an account that does not affect all or a substantial portion of a class of a creditor‘s accounts; or

(iii) A refusal to increase the amount of credit available to an applicant who has made an application for an increase in accordance with procedures established by the creditor.

(b) The term does not include:

(i) A change in the terms of an account expressly agreed to by an applicant;

(ii) Any action or forbearance relating to an account taken in connection with inactivity, default, or delinquency as to that account;

(iii) A refusal or failure to authorize an account transaction at a point of sale or loan, except when the refusal is a termination or an unfavorable change in the terms of an account that does not affect all or a substantial portion of a class of the creditor‘s accounts, or when the refusal is a denial of an application for an increase in the amount of credit available under the account;

(iv) A refusal to extend credit because applicable law prohibits the creditor from extending the credit requested; or

(v) A refusal to extend credit because the creditor does not offer the type of credit or credit plan requested.

…

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.

…

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.

…

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:

…

(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.

…

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.

…

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

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–gw