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).

LEARN MORE

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

–gw

Author: Gregory Williams, Esq.

Juris Doctor. Admitted to the U.S. Supreme Court; U.S. Court of Federal Claims; U.S. District Court Western District of WA; and all Washington State Courts. Member of the Federal Bar Association; Tacoma-Pierce County Bar Association; WA Association for Justice; WA Defender Association; WA State Bar Association. Conflict Panel Attorney (Pierce County Department of Assigned Counsel).