Chapter 296-122 WAC

These standards, adopted pursuant to sections 83 through 86, chapter 380, Laws of 1989, shall apply to persons employed in agricultural labor as defined in RCW 50.04.150 and WAC 296-122-010. The standards in this chapter shall apply only to minors employed in agricultural labor. The standards in this chapter do not apply to the immediate family members of the officers of any business engaged in agricultural production of crops or livestock.

(1) A "minor" is a person, employed in agricultural labor, who is under the age of 18.

(2) "Agricultural labor" is defined as services performed:

(a) On a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; or

(b) In packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as incident to ordinary farming operations.

(c) "Agricultural labor" does not include employment in commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing with respect to services performed in connection with the cultivation, raising, harvesting, and processing of oysters or raising and harvesting of mushrooms or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

(3) "Department" means the department of labor and industries.

(4) "Director" means the director of the department of labor and industries.

(5) "Employ" means to engage, suffer, or permit to work in agricultural labor.

(6) "Employee" means any person employed by an employer, except those who are members of the immediate family of an employer.

(7) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in this state and employs one or more employees.

(8) "Nonschool week" means a week where the minor's school is not in session.

(9) "School holiday" means a day of a school week on which the minor's school is scheduled to be closed.

(10) "School vacation" means the spring break, winter break, and summer break of the minor's school.

(11) "School week" means any week the minor's school is in session and students are required to attend for at least one day or a partial day.

(12) "Serious physical harm" means an injury that involves permanent disability or a disability of a limited nature, chronic irreversible illness, or an injury or reversible illness resulting in hospitalization.

No minor under the age of 14 shall be employed in agriculture at any time except as follows: Minors 12 and 13 years of age may be employed in the hand harvest of berries, bulbs, and cucumbers and in the hand cultivation of spinach during weeks when school is not in session.

(1) Before hiring a minor, an employer must obtain:

(a) A minor work permit endorsement on the business license of the location where the minor will work;

(b) A completed parent/school authorization form for each minor or a parent authorization for summer work form if hired during summer vacation; and

(c) Proof of age which lists the date of birth for each minor. Acceptable forms of proof of age include, but are not limited to:

(i) Birth certificate;

(ii) Driver's license;

(iii) Notarized statement from a parent/guardian;

(iv) Federal identification, such as a passport;

(v) Insurance policy at least one year old indicating the date of birth; and

(vi) Completed federal employment eligibility verification (Form I-9).

(2) An employer must create a file for each minor, which may be physical or electronic. The file must be maintained for three years from the last date of the minor's employment, and must include:

(a) Copies of all completed parent/school authorization forms with any attachments;

(b) Copies of any proof of age documents;

(c) Copies of any variances obtained according to the requirements of this chapter.

(3) These records must be kept safe and accessible at the place of employment or at a central recordkeeping office where such records are customarily maintained.

(1) Before employing a minor, an employer must obtain a minor work permit endorsement approved by the department and issued by the state business licensing service. An employer must obtain and keep a current minor work permit endorsement for each location where minors are employed. A single minor work permit endorsement will authorize the employer to employ any number of minor workers at the location specified on the business license with the minor work permit endorsement.

(2) Minor work permit endorsements may include restrictions, consistent with this chapter, on minors' working conditions.

(3) A minor work permit endorsement shall expire on the last day of the month one year from the date of issue, or upon the expiration date shown on the employer's most recently issued business license document, whichever comes first.

(1)(a) The department shall revoke an employer's minor work permit endorsement and prohibit the employer from obtaining a minor work permit for no less than 12 months if:

(i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5), or any citation and notice of assessment containing one or more violations of any of the requirement of this chapter, or applicable order, where one or more of the violations caused serious physical harm or death to a minor; or

(ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to RCW 49.30.060 and this chapter or RCW 49.17.130 or 49.17.170.

(b) Following a revocation under this subsection, a minor work permit endorsement may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection for at least 12 months.

(2) The department may refuse to issue or renew, revoke, suspend, or modify an employer's minor work permit endorsements if it finds:

(a) A condition related to the permit's issuance has not been satisfied;

(b) The employer violated any requirements of this chapter; or

(c) A condition that is or could be detrimental to the health, safety, or welfare of a minor. In this case, the department may issue an order of immediate restraint revoking, suspending, or modifying an employer's minor work permit endorsement. If the employer appeals the department's action, the order of immediate restraint will remain in force until the employer's appeal is resolved.

(1) An employer must have a completed parent/school authorization form, or a completed parent authorization for summer work form, on file for each minor before the minor may begin work, unless the minor has been emancipated by court order. To be valid, a parent/school authorization form must be on a form supplied by the department and completed and signed by the employer, the minor, an official from the minor's school, and the minor's parent or legal guardian.

(2) All parent/school authorization forms expire each year on the 30th day of September.

(3) Employers must complete their section of the parent/school authorization form before sending the form to the minor for completion. Upon the minor's completion, the form must be submitted to the minor's school and the minor's parent or legal guardian.

(4) When completing the parent/school authorization form, the employer must provide the following information:

(a) The location of the minor's workplace(s);

(b) A description of the minor's duties;

(c) The earliest and latest hours the minor would be working;

(d) The total number of hours the minor would work per week;

(e) The employer's unified business identifier (UBI) number; and

(f) The employer's signature or the signature of their authorized agent.

(5) A minor must provide the following personal information on the parent/school authorization form:

(a) Name;

(b) Address;

(c) Date of birth, accompanied by proof of age as specified in WAC 296-122-030;

(d) Whether they are employed at any other job(s) and the total number of hours worked at that job(s); and

(e) Their signature.

(6) If a minor will be working during the school year, an authorized school official from the minor's school must:

(a) Indicate that the school authorizes (or does not authorize) the minor to work according to the terms listed by the employer; and

(b) Sign the form as the school's authorized agent.

(7) Neither parent nor school authorization is required for minors who are emancipated by court order.

(8) School approval must be based upon:

(a) Maintaining an acceptable level of scholastic achievement;

(b) Maintaining good school attendance; and

(c) Making satisfactory progress toward graduation.

(9) A parent or legal guardian of a minor must:

(a) Indicate that they authorize (or do not authorize) the minor to work according to the terms listed by the employer;

(b) Sign the form.

(10) A parent, legal guardian, or school may revoke authorization at any time by simply notifying the other parties to the authorization.

(1) A parent or guardian must certify a minor's nonenrolled status if the minor is:

(a) Living with a parent or legal guardian;

(b) No longer enrolled in school; and

(c) Has not obtained a certificate of educational competence according to RCW 28A.305.190 or is not enrolled in a bona fide college program.

(2) If a minor is living independently of a parent or legal guardian and is not enrolled in school, the minor must:

(a) Certify that they are living independently of a parent or guardian;

(b) Certify their nonenrolled status;

(c) Provide the name and location of the last school attended; and

(d) Provide the name and address or telephone number of an adult emergency contact other than the minor's employer. This contact person must certify that the minor is living independently of a parent or legal guardian.

(3) If a minor is living independently and is enrolled in school, the minor must:

(a) Certify that they are living independently of a parent or guardian; and

(b) Provide the name and address or telephone number of an adult emergency contact other than the minor's employer. This contact person must certify that the minor is living independently of a parent or legal guardian.

Except where a higher minimum wage is required by Washington state or federal law:

(1) Every employer shall pay to each employee who has reached their 16th or 17th year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employees 18 years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.

(2) Every employer shall pay to each employee who has not reached their 16th year of age a rate of pay per hour that is not less than 85 percent of the hourly rate required by RCW 49.46.020 for employees 18 years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.

(1) Minors legally required to attend school may not be employed during school hours except by special permission from school officials as provided in RCW 28A.225.010 and 28A.225.080.

(2)(a) Minors under the age of 16 may work the following hours during school weeks:

(i) A maximum of three hours per day on school days and otherwise a maximum of eight hours per day;

(ii) A maximum of 21 hours per week;

(iii) No earlier than 7:00 a.m. on school days and otherwise no earlier than 5:00 a.m. Minors employed in animal agriculture or whose employment in crop production requires daily attention to irrigation may be employed beginning at 6:00 a.m.; and

(iv) No later than 8:00 p.m. on days preceding a school day and otherwise no later than 9:00 p.m.

(b) Minors under the age of 16 may work the following hours during nonschool weeks:

(i) A maximum of eight hours per day;

(ii) A maximum of 40 hours per week;

(iii) No earlier than 5:00 a.m.; and

(iv) No later than 9:00 p.m.

(3)(a) Minors who are 16 and 17 years of age may work the following hours during school weeks:

(i) A maximum of four hours per day on school days and otherwise a maximum of eight hours per day;

(ii) A maximum of 28 hours per week;

(iii) No earlier than 5:00 a.m.; and

(iv) No later than 9:00 p.m. on more than two consecutive nights preceding a school day and otherwise no later than 10:00 p.m.

(b) Minors who are 16 and 17 years of age may work the following hours during nonschool weeks:

(i) A maximum of 10 hours per day;

(ii) A maximum of 50 hours per week. Minors who are 16 and 17 years of age may work up to 60 hours per week in the mechanical harvest of peas, wheat, and hay;

(iii) No earlier than 5:00 a.m.; and

(iv) No later than 9:00 p.m. on more than two consecutive nights preceding a school day and otherwise no later than 10:00 p.m.

(4) Except for minors employed in dairy or livestock production, in the harvest of hay, or whose employment in crop production requires daily attention to irrigation, no minor shall be employed more than six days in any one week.

(5) Sixteen- and 17-year-old minors who were issued a certificate of educational competence pursuant to RCW 28A.305.190, are enrolled in a bona fide college program, are enrolled in a career and technical education program and the work is performed for an employer approved by the program, or are shown as a parent on a valid certificate of birth may work as would be permitted during nonschool weeks. For the purpose of this section, "career and technical education program" refers to a work-based learning program approved by the office of the superintendent of public instruction or the minor's school district including, but not limited to, core plus programs.

(6) The provisions of this section shall not apply to minors 16 years of age and older emancipated by court order.

(1) Every employee employed more than five hours shall receive a meal period of at least 30 minutes. Employees working 11 or more hours in a day shall be allowed at least one additional 30-minute meal period.

(2) Every employee shall be allowed a rest period of at least 10 minutes, on the employer's time, in each four-hour period of employment. For purposes of computing the minimum wage on a piecework basis, the time allotted an employee for rest periods shall be included in the number of hours for which the minimum wage must be paid.

(1) Employment in the following agricultural occupations is prohibited for minors under the age of 16:

(a) Operating a tractor of over 20 PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor.

(b) Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation) any of the following machines:

(i) Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner;

(ii) Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or

(iii) Potato combine.

(c) Working on a farm in a yard, pen, or stall occupied by a:

(i) Bull, boar, or stud horse maintained for breeding purposes; or

(ii) Sow with suckling pigs, or cow with newborn calf (with umbilical cord present).

(d) Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than six inches.

(e) Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper.

(f) Working inside:

(i) A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere;

(ii) An upright silo within two weeks after silage has been added or when a top unloading device is in operating position;

(iii) A manure pit; or

(iv) A horizontal silo while operating a tractor for packing purposes.

(g) Working in any manufacturing occupation.

(h) Working in any processing operations, including food processing.

(i) Working in transportation, warehouse, and storage or construction.

(j) Work in or about engine or boiler rooms.

(k) Work in freezers, meat coolers, and all work in preparing meats for sale. (Wrapping, sealing, labeling, weighing, pricing, and stocking are permitted if work is performed away from meat-cutting and preparation areas.)

(l) Loading and unloading goods or property onto or from conveyors.

(2) Employment in the following occupations in agriculture is prohibited to all minors:

(a) Handling, mixing, loading, or applying (including cleaning or decontaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying) agricultural chemicals classified under the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.) as Category I of toxicity, identified by the word "poison" and the "skull and crossbones" on the label; or Category II of toxicity, identified by the word "warning" on the label.

(b) Handling or using a blasting agent including, but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord.

(c) Transporting, transferring, or applying anhydrous ammonia.

(d) Work involving the operation or repair, oiling, cleaning, adjusting, or setting up of any power driven wood working machines.

(e) Work involving the operation or repair, oiling, cleaning, adjusting, or setting up of power driven metal forming, punching, and shearing machines.

(f) Work involving the operation or repair, oiling, cleaning, adjusting, or setting up of power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs.

(g) Work involving slaughtering, meat packing, or processing and rendering.

(h) Work involving roofing or work on or about a roof.

(i) Work involving mechanical excavation.

(j) Work involving wrecking and demolition.

(k) Work in any place where a strike or lockout exists.

(l) Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation) power-driven earthmoving machines including, but not limited to, trenchers, power post-hole diggers, power post drivers, or nonwalking type rotary tillers.

(m) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of power-driven hoisting apparatuses. This includes, but is not limited to, forklifts.

(n) Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) at a height of over 10 feet.

(3) No minor shall be permitted to ride in or work in the vicinity of a vehicle driven by any person who is under the age of 16 or anyone who does not possess a valid driver's license.

(4) No minor shall be employed in agriculture in the harvest of any crop to which agricultural chemicals described in subsection (2)(a) of this section have been applied, prior to the expiration of the preharvest interval or within 14 days after the application if no preharvest interval has been established.

Where weights in excess of 20 pounds are to be lifted, carried, pushed, or pulled as a normal part of an employee's responsibility, the employer shall instruct minors on correct weight lifting techniques prior to the commencement of work and display a poster developed by the department illustrating correct weight lifting techniques.

(1) Upon written application from an employer or an organization representing employers, a variance permitting employment of minors otherwise prohibited under WAC 296-122-110 may be granted for good cause shown. The application must specify the reasons why the variance request should be granted. The employer or the organization representing employers shall give written notice to the employees so that they may submit their views to the department on any variance request.

(2) The department may grant the variance request if the employer possesses a valid minor work permit endorsement and the department determines the employer demonstrates good cause. The department may request or receive additional information from the employer or other interested parties when reviewing a variance application.

(3) "Good cause" shall mean those situations in which the employer demonstrates:

(a) The granting of the variance would not have a harmful effect upon the health, safety, or welfare of the minor employees involved;

(b) The granting of the variance would not have a deleterious effect on school attendance or the academic performance of minors; and

(c) The variance is necessary to meet usual crop cultural or harvest requirements.

(4) Upon application from an employer or an organization representing employers a variance permitting employment of minors otherwise prohibited under these rules may be granted by the director or an authorized representative of the director in response to a weather emergency.

(5) The department may grant a variance request for the prohibited duties described in WAC 296-122-110 (1)(a) through (d) and (2)(d) through (i) for a minor employed as a vocational agriculture student-learner when each of the following requirements are met:

(a) The student-learner is enrolled in a vocational education training program in agriculture under a recognized state or local educational authority, or in a substantially similar program conducted by a private school;

(b) Such student-learner is employed under a written agreement which provides that the work of the student-learner is incidental to training; that such work shall be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person; that safety instruction shall be given by the school and correlated by the employer with on-the-job training; and that a schedule of organized and progressive work processes to be performed on the job have been prepared;

(c) Such written agreement contains the name of the student-learner, and is signed by the employer and by a person authorized to represent the educational authority or school; and

(d) Copies of each such agreement are kept on file by both the educational authority or school and by the employer.

(6)(a) Before granting a variance for a duty prohibited by WAC 296-122-110 under subsection (5) of this section, the department shall:

(i) Conduct a safety and health consultation at the worksite; and

(ii) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.

(b) The department may consider the consultation requirement in (a) of this subsection complete if the employer is renewing a variance that expired within the same academic school year, or has an active variance, for the exact same prohibited tools, equipment, or occupation.

(7) The department may not grant variances for any occupation prohibited by the United States Department of Labor.

(8) Each variance will expire upon the expiration of the minor work permit endorsement that was in effect at the time the variance was issued unless the variance was issued with an earlier expiration date.

(9) The department may revoke, suspend, or modify an employer's variance if it finds:

(a) A condition related to its issuance has not been satisfied;

(b) The employer violated any requirement of this chapter; or

(c) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor including an adverse impact upon their school attendance or performance.

(1) Sixteen- and 17-year-old minors may work the following hours up to a maximum of six hours per day on any school day preceding another school day, provided the minor has a complete special variance included on the parent/school authorization form.

(2) Sixteen- and 17-year-old minors must follow all other hours of work requirements specified in WAC 296-122-090.

(3) To be valid, a special variance must be signed on a parent/school authorization form completed in accordance with WAC 296-122-090. The special variance must be signed by the minor's parent or guardian and the minor's authorized school official.

(4) In evaluating requests for special variances, a school must consider at least the following factors:

(a) Does the employer hold a current valid minor work permit endorsement?

(b) What is the student's attendance pattern?

(c) Is the student making satisfactory academic progress?

(d) Will the student still have opportunities to participate in extracurricular activities?

(e) How many school nights will the student work?

(f) How late in the evening will the student work?

(g) How long a shift will the student work?

(h) How sound is the student's rationale for requesting a variance from the work hour restrictions?

(5) Special variances expire at the termination of the school year. Employers must request a special variance at the beginning of each new school year.

(6) A parent, legal guardian, or school may revoke a special variance at any time by simply giving written notification to the other parties to the variance.

(1) An employer may not retaliate, discharge, or otherwise discriminate against an employee because the employee has filed any complaint, or instituted or caused to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of themselves or others of any right afforded by this chapter.

(2) The department may enforce allegations of retaliation by an employee who believes they were subject to retaliation under WAC 296-128-770 through 296-128-800.

(1) In order to carry out the purposes of this chapter, the director or the director's authorized representative is authorized:

(a) To enter without delay any work site or area or other environment where work is performed by an employee or where employment records are, or are required to be, maintained; and

(b) To inspect, transcribe, and copy all pertinent records, and to inspect and investigate any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any employer, owner, operator, agent, or employee.

(2) The director or their authorized designated representative may initiate an investigation without an employee's complaint to ensure compliance with the chapter. The director may also initiate an investigation when the director otherwise has reason to believe that a violation has occurred.

(3) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.

(4) The department may request an employer perform a self-audit of any records relating to this chapter which must be provided within a reasonable time. Reasonable timelines will be specified in the self-audit request. The department must determine reasonable time based on the number of affected employees and the period of time covered by the self-audit. The records examined by the employer in order to perform the self-audit must be made available to the department upon request.

(5) Upon the department's request, an employer must notify affected employees in writing that the department is conducting an investigation. The department may require the employer to include a general description of the investigation, including the allegations, as part of the notification. The employer may consult with the department to provide the information for the description of the notification of investigation.

(1)(a) If the department finds that an employer has violated any of the requirements of this chapter or any variance granted under this chapter, a citation and notice of assessment stating the violations must be issued to the employer. The citation and notice of assessment must be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. The citation and penalty assessment must be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and penalty assessment to the central personnel office of the employer. Citations issued under this section must be posted at or near the place where the violation occurred.

(b) A first-time citation for failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation. The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.

(c) The employer must be assessed a civil penalty in accordance with RCW 49.30.060 (2)(c) and as published by the department.

(d) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of any of the requirements of this section or any applicable rule or order, the employer is subject to an additional civil penalty, in accordance with RCW 49.30.060 (2)(d) and as published by the department, each subsequent day the violation continues. For the purposes of this subsection, a serious violation exists if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section:

(i) Whether the violation was committed willfully or the violation is a repeat violation;

(ii) The size of the employer;

(iii) The age of the minor;

(iv) The gravity of the violation;

(v) The hazards created by the violation;

(vi) The penalties for comparable violations under federal law;

(vii) The penalty amount necessary to deter future noncompliance;

(viii) Ensuring the penalty amount is consistent with the purposes of this chapter; and

(ix) Any other factor warranting an adjustment in the penalty as deemed appropriate by the department.

(2) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or the director's designee, believes that an employer has violated any of the requirements of this section or any applicable rule or order governing the employment of minors, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or the director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.

(3) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter shall be assessed a civil penalty of not more than $1,000.

(4) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment under this section. If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.

(5) Penalties assessed under this section shall be paid to the director and deposited into the general fund.

(1) Any person aggrieved by an action taken or decision made by the department under this chapter may appeal the action or decision to the director by filing notice of the appeal with the director within 30 days of the department's action or decision.

(2) A notice of appeal filed under this section stays the effectiveness of a citation or notice of the assessment of a penalty pending review of the appeal by the director, but such appeal does not stay the effectiveness of an order of immediate restraint issued under this chapter.

(3) Upon receipt of an appeal, a hearing must be held in accordance with chapter 34.05 RCW.

(4) The director shall issue all final orders after the hearing.

(5) The final orders are subject to appeal in accordance with chapter 34.05 RCW.

(6) Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.

If any provision of the rules in this chapter, or their application to any person or circumstance is held invalid, the remainder of these rules or their application of the provision to other persons or circumstances is not affected.