Wash. Admin. Code § 162-08-231 - Record, pleadings

Current through Register Vol. 21-18, September 15, 2021

(1) Record. The record of an administrative hearing shall include the items specified in RCW 34.05.437, including, but not limited to:
(a) All pleadings, motions, briefs, proposed findings of fact and conclusions of law and initial or final orders, objections, but not offers of settlement (RCW 49.60.250(2) );
(b) Evidence received or considered;
(c) A statement of matters officially noticed;
(d) Any decision, opinion, or report by the officer presiding at the hearing.
(2) Pleadings. Pleadings for an administrative hearing shall include the notice of hearing with amended complaint attached and any amended complaints subsequently filed, plus any answers or replies filed under WAC 162-08-251, and the original complaint if, but only if, the complainant elects to proceed under it as provided in WAC 162-08-261.
(3) Proceedings before notice of hearing not part of record. No findings or other parts of the commission's record of action on the complaint prior to notice of hearing shall be included in the record of the administrative hearing unless the particular document is offered and admitted into evidence.
(4) Custody. The clerk shall keep custody of the official record of the administrative hearing as provided in WAC 162-04-026(3)(h) and shall keep the administrative law judge file separate from the file of the original complaint, investigation, and conciliation, of which the clerk has custody under WAC 162-04-026(3)(d) and 162-08-190.
(5) Record for appeal. The record certified to the court for the purpose of judicial review under RCW 34.05.510 et seq. shall comply with RCW 34.05.566.
(6) Record for enforcement. The record to be filed in an enforcement proceeding shall include the final order of the administrative law judge and any other portions of the record required by the court.

Notes

Wash. Admin. Code § 162-08-231

Statutory Authority: RCW 49.60.120(3). 89-23-020, § 162-08-231, filed 11/7/89, effective 12/8/89; Order 35, § 162-08-231, filed 9/2/77; Order 7, § 162-08-231, filed 1/19/68.

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