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PDFWAC 110-301-0443

Enforcement actions, notice, and appeal.

(1) Pursuant to RCW 43.216.325, the department is authorized to take enforcement actions when a school-age provider fails to comply with this chapter or chapter 43.216 RCW. Enforcement actions are taken pursuant to RCW 43.216.020, 43.216.065, and 43.216.250. Enforcement actions include civil monetary penalties (fines) and the denial, suspension, revocation, modification, or nonrenewal of a license.
(2) A school-age provider subject to an enforcement action has the right to appeal by requesting an adjudicative proceeding (or "hearing") pursuant to chapter 110-03 WAC, DCYF hearing rules.
(3) The department must issue a notice of violation to a school-age provider when taking enforcement actions. A notice of violation must be sent by certified mail or personally served and must include:
(a) The reason why the department is taking the action;
(b) The rules the provider failed to comply with;
(c) The provider's right to appeal enforcement actions; and
(d) How the provider may appeal and request a hearing.
(4) Fines must not exceed two hundred fifty dollars per day per violation for a school-age program, or as otherwise set by the legislature. Fines may be:
(a) Assessed and collected with interest for each day a violation occurs;
(b) Imposed in addition to other enforcement actions; and
(c) Withdrawn or reduced if a school-age provider comes into compliance during the notification period.
(5) A school-age provider must pay fines within twenty-eight calendar days after receiving a notice of violation unless:
(a) The office of financial recovery establishes a payment plan for the provider; or
(b) A later due date is specified on the notice of violation, pursuant to RCW 43.216.335(2); or
(c) The provider requests a hearing, pursuant to chapter 110-03 WAC, DCYF hearing rules and RCW 43.216.335(3).
(6) The department may suspend or revoke a license if a school-age provider fails to pay a fine within twenty-eight calendar days or becomes delinquent in making payments, pursuant to RCW 43.216.327 and 43.216.335. If a provider's license is due for renewal, the department may elect not to continue the license for failure to pay a fine.
[Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, ยง 110-301-0443, filed 4/27/21, effective 6/1/21.]
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