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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