Washington Administrative Code

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions,…

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a request for a public record may petition in writing (including email) to the public records officer for prompt review of that decision. The pet…

The Washington state center for childhood deafness and hearing loss implements policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232(g); 34 C.F.R. Part 99 (FERPA). This law establishes that the education records of …

As used in this chapter:(1) "Directory information" means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, photograph, date of …

The school provides parents and adult students currently in attendance with annual notice of their rights under FERPA by publication in the parent/student handbook and through these rules.[Statutory Authority: RCW 72.40.0191 and 34 C.F.R. Parts 99 and 300. WSR 16-10-063, § 148-28…

(1) The school shall permit parents of students eligible for special education to inspect and review, during school business hours, any education records relating to the student which are collected, maintained, or used by the school under chapters 392-172A and 148-172 WAC. A requ…

(1)(a) A parent (or adult student) who believes that information contained in the education record is inaccurate, misleading, or violates the privacy or other rights of the student, may request the school to amend the information.(b) A parent (or adult student) shall not be permi…

(1) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subsection (2) of this section, unless the information is contained in education records, and the disclosure…

The school shall maintain a record of parties obtaining access to educational records collected, maintained, or used under this chapter including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. The agency is …

(1) Student education records may be destroyed in accordance with state laws and regulations: Provided, That the school shall not destroy any education records if there is an outstanding request to inspect and review the records under this chapter.(2)(a) The school shall inform p…

(1) It shall be the policy of Washington state school for the deaf that all actions taken by the school shall comply with the provisions of chapter 43.21C RCW (State Environmental Policy Act) and chapter 197-11 WAC as presently enacted or hereafter amended.(2) The superintendent,…

In general, words are used with this title in the same meaning as they are used in the law against discrimination, chapter 49.60 RCW. See, in particular, RCW 49.60.040. The following words are used with the meaning given, unless the context clearly indicates another meaning."Admi…

(1) Membership. The Washington state human rights commission consists of five members, one of whom is designated as chairperson, appointed by the governor for staggered five-year terms.(2) Meetings. The commission holds regular meetings commencing at 9:30 a.m. on the fourth Thurs…

(1) The commission may designate one of its members as chairperson pro tem for a particular time or for an indefinite time, to serve at the will of the commission. If the commission has not designated a chairperson pro tem and the chairperson is absent from the state, ill, or oth…

(1) Designation. The executive director with the advice and consent of the chairperson shall designate a staff member to serve as clerk of the commission.(2) Qualifications. The person designated as clerk shall not have any duties involving the investigation or conciliation of co…

(1) RCW 42.56.070(1) requires the human rights commission to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" at RCW 42.56.010(3) to include any "writing containing information relating to the…

(1) The human rights commission central office is located at 711 S. Capitol Way, Ste. 402, P.O. Box 42490, Olympia, Washington 98504.(2) The public records officer will oversee compliance with the act but another human rights commission staff member may process the request. There…

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the human rights commission, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the Olympia office of th…

(1) Providing "fullest assistance." The human rights commission is charged by statute with adopting rules which provide for how it will "provide full access to public records"; "protect records from damage or disorganization"; "prevent excessive interference with other essential …

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records.(2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer designee will provide…

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. The human rights commission will exempt these records from inspection and copying.(2) The human rights commission is prohibited by statute from disclosing lists …

(1) Inspection. There is no fee for inspecting public records, including inspecting records on the human rights commission's website.(2) Statutory default costs. The human rights commission is not calculating actual costs for copying its records because to do so would be unduly b…

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall inclu…

Pursuant to RCW 43.21C.120 and the SEPA guidelines, chapter 197-11 WAC, the commission has reviewed its authorized activities and has found them all to be exempt under the provisions of chapter 197-11 WAC.[Statutory Authority: RCW 49.60.120(3). WSR 89-23-019, § 162-04-040, filed …

(1) Purpose. This section is intended to guide the commission's staff and commissioners on official ethics, and to carry out the policies and purposes of chapter 42.18 RCW, the Executive Conflict of Interest Act, as provided in RCW 42.18.250.(2) General rule. It is the duty of al…

Unless a statute or rule provides otherwise, all duties and powers assigned to the executive director may be delegated by the executive director to other staff persons of the commission, with the executive director remaining responsible. The general practice of the commissioners …

(1) Authorization. The executive director may issue written opinions to persons who request advice as to the application of the law against discrimination or rules or practices of the commission. The opinions shall not be inconsistent with the statute, or the regulations or polic…

This chapter contains rules that apply generally to all of the law against discrimination and all of the commission's functions, including the matters and functions treated elsewhere in this title.[Statutory Authority: RCW 49.60.120(3). WSR 82-19-086 (Order 41), § 162-06-010, fil…

(1) Reservation of power. The commission reserves the power to grant exceptions in specific instances to any rule adopted by the commission (that is, to any rule in Title 162 WAC).(2) Authority to act. An exception to a rule may be granted only by action of the commissioners.(3) …

(1) General. These rules (chapter 162-08 WAC) shall govern all practice and procedure before the commission, including practice before administrative law judges.(2) The commission hereby readopts the rules of practice and procedure contained in chapter 162-08 WAC, as amended here…

(1) Interpretation. These rules shall be interpreted liberally to promote justice and to facilitate the decision of cases on the merits.(2) Waiver. The chairperson of the commission or an administrative law judge, on their own initiative or on motion of a party, may waive or alte…

(1) Administrative hearings. In a case which has been noted for hearing the administrative law judge, on his or her own initiative or on motion of a party, may order a party or counsel who uses these rules for the purpose of delay, or who fails to comply with these rules or other…

(1) Usage. In this chapter, unless the context indicates otherwise, the following words are used in the senses here expressed:"Shall" expresses a command."May" expresses permission."Will" expresses the future occurrence of an event."Must" expresses a requirement that has to be me…

(1) Any orderly procedure. To take care of a problem for which no procedure is specified by this chapter, the Administrative Procedure Act, chapter 34.05 RCW, or the law against discrimination, chapter 49.60 RCW, any orderly procedure may be used. Appropriate procedures may be ta…

No person other than the following may appear in a representative capacity before the commission or before an administrative law judge for a human rights hearing:(1) Washington lawyer. An attorney at law entitled to practice before the supreme court of the state of Washington;(2)…

In computing any period of time prescribed or allowed by commission rules, by commission order, or by statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be incl…

(1) How served. Service of papers may be made personally or by first-class mail, registered or certified mail, or telegraph, or by leaving a copy at the principal office or place of business of the person to be served.(2) Who serves. The commission shall cause to be served all or…

Except for papers filed with an administrative law judge (covered by WAC 162-08-241) and any other papers where the form is specified by rule, papers may be submitted in any form. The commission requests, but does not require, that all papers be typewritten on white paper of lett…

(1) Commission's role and objectives. In investigating cases the commission seeks to ascertain the facts in order to make an impartial finding of "reasonable cause" or "no reasonable cause." It has no predisposition in favor of either complainants or respondents. If "reasonable c…

Except as otherwise provided by RCW 49.60.340, the law against discrimination preserves the right of a complainant or aggrieved person to simultaneously pursue other available civil or criminal remedies for an alleged violation of the law in addition to, or in lieu of, filing an …

(1) Scope of section. This section applies to complaints by persons claiming to be aggrieved by an alleged unfair practice filed under RCW 49.60.230 (1)(a), to complaints by employers or principals filed under RCW 49.60.230 (1)(c), and to complaints by "aggrieved persons" under R…

(1) Who may initiate. Complaints issued by the commission under RCW 49.60.230 (1)(b) may be initiated by the commissioners or by the executive director personally.(2) By commissioners. Initiation of a complaint by the commissioners shall be by motion at a meeting. The executive d…

(1) Scope of section. This section governs amendments of complaints prior to the time of amendment for the purpose of hearing. Amendment of a complaint for the purpose of hearing is governed by WAC 162-08-201. Amendments after notice of hearing are governed by WAC 162-08-265.(2) …

(1) Consent necessary. A complaint or any part thereof may be withdrawn only with the consent of the commission.(2) Form. A request for withdrawal of a complaint must be in writing and signed by the complainant and must state in full the reasons why withdrawal is requested. Blank…

Unless the chairperson of the commission directs otherwise for a particular complaint, all complaints shall be investigated by the section of the staff designated for that purpose by the executive director, and the executive director shall have full power to assign and reassign c…

(1) Copy of complaint to respondent. Except as may be provided for complaints alleging an unfair practice in a real estate transaction, within a reasonably prompt time after a complaint is filed the staff shall furnish a copy of the complaint to the respondent and shall afford th…

(1) Upon the filing of a complaint alleging an unfair practice in a real estate transaction, the commission shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under RCW 49.60.23…

(1) Pursuant to RCW 49.60.140 and 49.60.240, as part of the investigative process, staff members of the commission may obtain information by one or more of the following methods: Subpoenas, oral questions, written questions and answers, requests for specific documents and records…

(1) Upon motion by a party or by the person from whom information is sought pursuant to WAC 162-08-09501, and for good cause shown, the chairperson of the commission may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, …

(1) Order compelling production of information. The chairperson of the commission is authorized to make any order that a court could make under CR 37(a), including an order awarding expenses of the motion to compel production of information pursuant to WAC 162-08-09501. The execu…