Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning the reconsideration of findings? Here’s my point of view.
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When Agencies Get a Second Look: Understanding WAC 162-08-101
Administrative agencies make decisions every day that affect real people—patrons, guests, employees, employers, landlords, tenants, and organizations across Washington State. But what happens when an agency discovers that a decision may be based on a mistake?
Washington Administrative Code (WAC) 162-08-101*, titled “Reconsideration of findings,” provides a concise but important answer:
“The commission may reconsider and correct any finding in which errors affecting the result are brought to its attention.”
Id. (emphasis added). Though brief, this provision plays a significant role in ensuring fairness, accuracy, and trust in administrative decision-making by the Washington State Human Rights Commission.
What Is WAC 162-08-101 About?
At its core, WAC 162-08-101* gives the Commission the authority to revisit its own findings when a meaningful error is identified—and when that error could have changed the outcome. This reflects a practical acknowledgment: even careful investigations and decisions can sometimes be affected by mistakes, and there should be a mechanism to fix them.
Key Elements of the Rule
The essential components of the rule follow:
1. “The commission may reconsider”
The word “may” is important. Reconsideration is discretionary, not automatic. The Commission is permitted—but not required—to revisit a finding once an error is raised.
For practitioners, this signals that reconsideration is a request, not a right, and should be supported with clear reasoning and evidence.
2. “and correct any finding”
The focus here is on correction, not punishment or reversal for its own sake. If an error is confirmed, the Commission has the authority to fix the finding to reflect what the result should have been without the mistake.
This promotes administrative efficiency by allowing the agency to self-correct rather than forcing parties into prolonged appeals or litigation.
3. “in which errors affecting the result are brought to its attention”
Not all errors qualify. The rule applies only when:
• An error exists, and
• The error affects the outcome, not merely a minor detail.
For example:
• A typo in a date that has no impact on the analysis likely would not qualify.
• A misinterpretation of evidence, a misapplied legal standard, or omitted key facts that influenced the conclusion likely would.
The burden is on the party raising the issue to clearly explain why the error matters.
KEY IMPLICATIONS
For the General Public
If you are involved in a discrimination complaint or investigation, WAC 162-08-101* offers reassurance that the process is not rigidly final in the face of genuine mistakes. It reflects a commitment to fairness over formality.
For Legal Professionals
For attorneys, advocates, and compliance officers, this provision creates a strategic opportunity:
• It may allow for correction without formal appeal.
• It encourages early identification and documentation of substantive errors.
• It reinforces the importance of precision in administrative records and findings.
What This Rule Does Not Do
Equally important are its limits:
• It does not guarantee reconsideration.
• It does not apply to disagreements over judgment or credibility unless tied to a demonstrable error.
• It does not replace judicial review or statutory appeal rights.
In other words, WAC 162-08-101* is a narrow corrective tool, not a second bite at the apple.
In Summary
WAC 162-08-101* may be only a single sentence long, but it embodies an important principle of administrative justice: accuracy matters, and agencies should be able to correct meaningful mistakes.
For the public, it builds confidence in the system. For legal professionals, it provides a valuable—if carefully constrained—procedural safeguard. In a system built on fairness, the ability to reconsider when it truly counts is not a weakness; it’s a strength.
RELATED ARTICLES
We invite you to read more of our articles related to this topic:
» WA State Human Rights Commission Complaints
» WA State Human Rights Commission: Functions, Powers, and Duties
» WSHRC: From Complaint to Conclusion
» WSHRC: Organization and Operations
» WSHRC: Relationship of Commission to Complainant
» WSHRC: Withdrawal of Complaint
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–gw