Wash. Admin. Code § 162-08-201 - Prehearing amendment of complaint
Current through Register Vol. 21-18, September 15, 2021
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Prehearing amendment of complaint.
(1) Required. Before a case is noted for hearing, counsel for the commission shall prepare an amended complaint as provided in this section in accordance with RCW 49.60.250(1).
(2) Basis for. The amended complaint shall be based on the facts as they are believed by the commission's counsel and staff to exist at the time the amended complaint is signed.
(3) Scope. The amended complaint shall identify the persons who are proper parties for the hearing and the matters to be heard. It need not be limited to parties or matters mentioned in the complaint filed under RCW 49.60.230, and it need not include all parties or matters mentioned in that complaint.
(4) Form. The complaint shall be in the form designated in WAC 162-08-241.
(5) Contents. The amended complaint shall contain the following:
(a) Identification of the specific unfair practice or practices alleged.
(b) A short and plain statement of the factual allegations which form the basis for the alleged unfair practices.
(c) A request for relief, setting out the terms or substance of the order which the executive director believes would be appropriate for the administrative law judge to enter if the matters alleged in the complaint are proven to be true.
(6) Pleading statutory steps. It is not necessary for counsel for the commission to plead that the statutory steps prior to the amended complaint have been completed. All statutory steps prior to hearing will be deemed to have been properly completed unless an issue is raised by specific negative averment in an answer as provided in WAC 162-08-251(7).
(7) Signing. The amended complaint shall be signed by counsel for the commission and verified by the executive director or a staff member designated by the executive director to verify on behalf of the executive director.
[Statutory Authority: RCW 49.60.120(3). WSR 89-23-020, § 162-08-201, filed 11/7/89, effective 12/8/89; Order 35, § 162-08-201, filed 9/2/77; Order 7, § 162-08-201, filed 1/19/68.]