Citations and penalties.
(1) The director may at his or her discretion issue either a monetary penalty or take an action against a license or certificate depending on the severity of the violation(s) evidenced in the investigation. Each violation is classified and penalties assessed according to the violation type as provided by the chart below:
Violation Level | Monetary Penalty Issued | Action Taken Against License and/or Certificate |
1 | Warning to $200 | License: No action. |
Certificate: No action. |
2 | $100 to $500 | License: Suspended immediately for remainder of the license year or 30 calendar days, whichever is longer. |
Certificate: Suspended immediately for remainder of the license year or 30 calendar days, whichever is longer. |
Certificate: If the individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
3 | $500 to $5,000 | License: Suspended immediately for remainder of the license year or 90 calendar days, whichever is longer. |
Certificate: Suspended immediately for remainder of the license year or 90 calendar days, whichever is longer. |
Certificate: If the individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
(2) If a licensed contractor or certificate holder has incurred multiple findings of the same violation over a period of time, the director may classify the licensed contractor or certificate holder as a habitual offender and issue either an increased monetary penalty or the action against the license or certificate depending on the severity of the violation(s) evidenced in multiple investigations as provided by the chart below:
Violation Level | Monetary Penalty Issued | Violation Level and Action Taken Against License and/or Certificate |
1 | $500 | Evidence of three or more Level 1 violations without compliance over a period of two calendar years constitutes an increase to a Level 2 violation. |
2 | $1,500 per violation | Evidence of three or more Level 2 violations without compliance over a period of two calendar years constitutes an increase to a Level 3 violation. License: Suspended immediately for remainder of the license year or 60 calendar days, whichever is longer. Certificate: Suspended immediately for remainder of the license year or 60 calendar days, whichever is longer. Certificate: If the individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
3 | $5,000 per violation | Evidence of two or more violations without compliance over a period of three calendar years constitutes an increase to a Level 3 violation. License: Suspended immediately for remainder of the license year or 180 calendar days, whichever is longer. Certificate: Suspended immediately for remainder of the license year or 180 calendar days, whichever is longer. Certificate: If the individual is not part of the violation but will be affected by the loss of the employer's contractor license, the certificate will be changed to INACTIVE status until the contractor obtains a valid license or the certificate holder has a new employer. |
(3) Civil penalties shall be resolved through the following:
(a) Pay the penalty by returning the notice and payment to the director at State Fire Marshal's Office, P.O. Box 42642, Olympia, WA 98504-2642 within 30 days from the date the penalty was issued. Payments must be made by check or money order payable to the Washington state patrol.
(b)
Request an informal conference as outlined in WAC
212-90-235.
[Statutory Authority: Chapters
18.160 and
18.270 RCW. WSR 22-22-072, ยง 212-90-215, filed 10/31/22, effective 1/1/23.]
