by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning motions before administrative law judges? 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 motions before administrative law judges. See WAC 162-08-271, 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).
MOTIONS BEFORE ADMINISTRATIVE LAW JUDGE
WAC 162-08-271 is the relevant regulation, and it addresses motions before administrative law judges as follows:
(1) Scope of section. This section governs all motions made to the administrative law judge except those made orally on the record during an administrative hearing.
(2) Form. A motion must be in writing. It must state the order or other relief requested and the grounds for the motion. It may be accompanied by affidavits. It must be supported by legal authorities, set out in the motion or in a supporting brief.
(3) Response. Any party may serve and file a response within five days after the motion has been served on that party.
(4) Filing. The original and one copy of every motion and response, with supporting papers, must be filed with the clerk, along with proof of service.
(5) Ruling. When the administrative law judge has received a response from all parties, or five days have elapsed since the last party was served, the administrative law judge shall rule on the motion without oral argument, unless the administrative law judge, in his or her discretion, orders that argument be heard.
WAC 162-08-271 (emphasis added) (hyperlinks added).
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–gw