Tag: WAC 162-08-241

Form of Papers Filed With Administrative Law Judge

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what are the rules concerning form of papers filed with the administrative law judge? 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 form of papers filed with the administrative law judge. See WAC 162-08-241, 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).

FORM OF PAPERS FILED WITH ADMINISTRATIVE LAW JUDGE

WAC 162-08-241 is the relevant regulation, and it addresses form of papers filed with the administrative law judge as follows:

(1) Caption. The notice of hearing shall include a full caption in substantially the following form:

(2) Form in general. Papers filed with an administrative law judge shall be in the form used for superior court practice. See in particular Rule 10, civil rules for superior court.

(3) Signing. Every pleading, motion or other paper filed on behalf of a party represented by an attorney shall be dated and signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated. A party who is not represented by an attorney shall similarly date and sign proceedings, motions and other papers and give the party’s address. The signature of a party or of an attorney constitutes a certificate by that person in accordance with the provisions of Rule 11, civil rules for superior court.

WAC 162-08-241 (emphasis added) (hyperlinks added).

LEARN MORE

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

–gw

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.

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.