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246-231-030  <<  246-231-035 >>   246-231-040

PDFWAC 246-231-035

Deliberate misconduct.

(1) For the purpose of this chapter, deliberate misconduct by a person means an intentional act or omission that the person knows:
(a) Would constitute a violation of a requirement, procedure, instruction, contract, purchase order, or policy; or
(b) Causes or would cause, if not detected, a violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the department.
(2) This section applies to any:
(a) Licensee;
(b) Certificate holder;
(c) Quality assurance program approval holder;
(d) Applicant for a license, certificate, or quality assurance program approval;
(e) Contractor (including a supplier or consultant) or subcontractor, to any person identified in (d) of this subsection; or
(f) Employee of any person identified in (a) through (e) of this subsection.
(3) A person subject to this section who knowingly provides any components, materials, or other goods or services that relate to any activities subject to these regulations may not:
(a) Engage in deliberate misconduct; or
(b) Deliberately submit to the department or to a person subject to this section information that the person knows to be incomplete or inaccurate in some respect that matters to the department.
(4) A person who violates subsection (3)(a) or (b) of this section may be subject to enforcement action in accordance with the procedures in 10 C.F.R. 2 Subpart B.
[Statutory Authority: RCW 70.98.050. WSR 11-03-068, § 246-231-035, filed 1/18/11, effective 2/18/11; WSR 08-09-093, § 246-231-035, filed 4/18/08, effective 5/19/08.]
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