(1) The executive director may dismiss the complaint if the board or the board staff determines that:
- (a) Any alleged violation that may have occurred is not within the jurisdiction of the board;
- (b) The complaint is obviously unfounded or frivolous; or
- (c) The complaint presents a violation of chapter 42.52 RCW, but any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.
- (2) If the executive director dismisses the complaint, the investigation report and a written notice of the executive director's order of dismissal will be provided to the complainant, respondent, and the board and will include a statement of the complainant's right to request review of the dismissal by the board.
- (3) If the board dismisses the complaint, written notice will be provided to the complainant and the respondent.
[Statutory Authority: RCW 42.52.360. WSR 17-01-138, § 292-100-045, filed 12/20/16, effective 1/20/17. Statutory Authority: RCW 42.52.360 (2)(b). WSR 07-02-001, § 292-100-045, filed 12/20/06, effective 1/20/07. Statutory Authority: RCW 42.52.360 (2)(b) and 42.52.425. WSR 01-13-033, § 292-100-045, filed 6/13/01, effective 7/14/01.]