Under the Washington State Administrative Code (hereinafter, “WAC”), what is the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulation concerning reconsideration (WAC 162-08-311)? Here’s my point of view.
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WAC 162-08-311 Explained: What Happens When a Party Asks an Administrative Law Judge to Take Another Look?
In administrative proceedings, a final order is often viewed as the end of the case before the agency. However, Washington law provides a limited opportunity for a party to ask an administrative law judge (ALJ) to revisit a decision before the matter moves into the appellate stage. That opportunity is found in WAC 162-08-311*, which addresses motions for reconsideration.
For attorneys, the rule presents an important procedural tool. For individuals representing themselves, it offers a way to bring a potential oversight to the judge’s attention without immediately pursuing an appeal.
THE BLACK LETTER LAW
The relevant regulation states as follows:
WAC 162-08-311
Reconsideration.
(1) Motion. Within ten days after being served with the final order of an administrative law judge, any party may serve and file a motion for reconsideration with the commission clerk. The motion shall identify the points that the party desires to have reconsidered and shall fully state the reasons for reconsideration. The motion shall in all other respects proceed as provided in RCW 34.05.470*.
(2) Finality for appeal. When a motion for reconsideration has been filed, the order of the administrative law judge shall not be deemed final for purposes of appeal until the ruling on the motion has been served.
(3) Reconsideration not necessary for appeal. Motions for reconsideration should be made only when a party feels that the administrative law judge has overlooked or misunderstood something. It is not necessary to file a motion for reconsideration in order to appeal. RCW 34.05.470(5)*.
WAC 162-08-311*.
A Narrow Opportunity to Revisit a Decision
WAC 162-08-311* allows any party to request reconsideration of an ALJ’s final order. The request must be filed with the commission clerk within ten days after the order has been served.
The rule requires more than a statement of disagreement. A party must identify the specific aspects of the decision that should be reconsidered and explain why further review is justified. The process is also governed by the requirements set forth in RCW 34.05.470*.
In practical terms, reconsideration is intended to address potential mistakes, omissions, or misunderstandings—not to provide a second chance to argue the entire case.
Timing Matters
The ten-day filing period is one of the most significant features of the rule. Once a final order is issued, parties have a relatively short window in which to seek reconsideration.
Because administrative proceedings often involve strict procedural requirements, missing the deadline may eliminate the opportunity to have the ALJ review the matter again before appellate proceedings begin.
The Relationship Between Reconsideration and Appeals
Many litigants assume they must first seek reconsideration before filing an appeal. WAC 162-08-311* makes clear that this is not the case.
A party may appeal without first asking the ALJ to reconsider the decision. The regulation expressly notes that reconsideration is optional and should generally be reserved for situations in which the judge may have overlooked or misunderstood a relevant issue.
This distinction is important because it allows parties to decide whether further review by the ALJ is likely to be productive or whether appellate review is the better course.
What Happens to the Appeal Clock?
The filing of a reconsideration motion also affects when a decision becomes final for appellate purposes.
Under the rule, a final order does not become final for purposes of appeal while a timely motion for reconsideration remains pending. Finality occurs only after the ruling on reconsideration has been served.
As a result, parties must pay attention not only to the date of the original order but also to the date on which the reconsideration decision is issued.
When Is Reconsideration Worth Considering?
Although every case presents unique circumstances, reconsideration is often most useful when a party believes that:
• Evidence in the record was overlooked;
• A factual finding appears inconsistent with the evidence presented;
• A legal principle was incorrectly applied; or
• An argument central to the case was not fully addressed.
By contrast, a motion that merely repeats arguments already considered by the ALJ is less likely to accomplish its objective.
Final Thoughts
WAC 162-08-311* creates a focused procedure for asking an administrative law judge to revisit a final decision. The rule imposes a ten-day deadline, postpones appellate finality while reconsideration is pending, and confirms that reconsideration is not a required step before an appeal.
For parties evaluating their post-decision options, the key question is whether the ALJ may have missed or misunderstood an important aspect of the case. If so, reconsideration may offer an efficient way to seek correction before turning to the appellate process.
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
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–gw