H-3960              _______________________________________________

                                                   HOUSE BILL NO. 2838

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Appelwick, Wineberry, Locke, Anderson, Wang and Jones

Read first time 1/24/90 and referred to Committee on State Government.

AN ACT Relating to increasing the award limit for discrimination; and amending RCW 49.60.250.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 17, chapter 270, Laws of 1955 as last amended by section 115, chapter 175, Laws of 1989 and RCW 49.60.250 are each amended to read as follows:

          (1) In case of failure to reach an agreement for the elimination of such unfair practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission.  The chairperson of the commission shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.

          (2) The place of any such hearing may be the office of the commission or another place designated by it.  The case in support of the complaint shall be presented at the hearing by counsel for the commission:  PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard.  No member or employee of the commission who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge in such case.  Any endeavors or negotiations for conciliation shall not be received in evidence.

          (3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard.  The respondent has the right to cross-examine the complainant.

          (4) The administrative law judge conducting any hearing may permit reasonable amendment to any complaint or answer.  Testimony taken at the hearing shall be under oath and recorded.

          (5) If, upon all the evidence, the administrative law judge finds that the respondent has engaged in any unfair practice, the administrative law judge shall state findings of fact and shall issue and file with the commission and cause to be served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the administrative law judge, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed ((one)) ten thousand dollars, and including a requirement for report of the matter on compliance.

          (6) The final order of the administrative law judge shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such appeal must be served and filed within thirty days after the service of the order on the parties.

          (7) If, upon all the evidence, the administrative law judge finds that the respondent has not engaged in any alleged unfair practice, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.

           (8) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent if the administrative law judge concludes that the complaint was frivolous, unreasonable, or groundless.

           (9) The commission shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure.