Under the Washington State Administrative Code (hereinafter, “WAC”), what are the Washington State Human Rights Commission (hereinafter, “WSHRC”) regulations concerning termination of a case without findings of fact? Here’s my point of view.
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Understanding WAC 162-08-099*: When the Washington State Human Rights Commission May End a Case Without Findings of Fact
The Washington State Human Rights Commission (WSHRC) is responsible for enforcing the state’s anti-discrimination laws under RCW 49.60*, also known as the Washington Law Against Discrimination (WLAD). Typically, once a complaint is filed, the Commission investigates and—if warranted—issues findings of fact to determine whether an unfair practice occurred. However, WAC 162-08-099* outlines circumstances in which the Commission may terminate a case before reaching findings of fact.
1. Voluntary Withdrawal of a Complaint
If the complainant requests to withdraw their complaint and the Commission consents (as described in WAC 162-08-091), no findings or further formal procedures are required. This allows individuals to end their case voluntarily without a full investigation or determination.
2. Settlement Before Findings (Prefinding Settlement)
In many cases, disputes are resolved through settlement agreements before the Commission completes its investigation. When the Commission’s staff and a respondent have entered into a written settlement agreement (i.e., a prefinding settlement), the agreement is presented to the commissioners for approval.
• The Commission must vote to accept the agreement before it becomes binding.
• Once approved, the Commission issues an order formalizing the settlement.
• “A prefinding settlement is not binding on the commission until the commissioners vote to accept it and issue their order.” WAC 162-08-099(3)*.
This procedure encourages early resolution while maintaining the Commission’s oversight role to ensure fairness and compliance with the law. NOTE: This process does not apply to a complaint alleging an unfair practice in a real estate transaction.
3. Administrative Closure
The Commission may also administratively close a case without findings when certain practical or procedural circumstances arise, such as:
• The complaint has been resolved informally or adjudicated elsewhere,
• The issue has become moot,
• The complainant or respondent cannot be located, or
• Other factors make further investigation impossible or unnecessary.
Administrative closure is an official action that halts further work on a complaint, though the Commission retains the authority to reopen the case later if circumstances change.
Implications
For both complainants and respondents, understanding WAC 162-08-099* clarifies that not every case will move through the full fact-finding process. Early settlement, voluntary withdrawal, or administrative closure can end a complaint efficiently while preserving fairness and procedural integrity.
In short, this rule gives the Human Rights Commission the flexibility to manage its caseload responsibly while ensuring that every case receives appropriate consideration under Washington’s anti-discrimination laws.
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