WAC 296-123-105

(1) If, following an investigation, the director determines that a violation of WAC 296-123-060 occurred, the director shall attempt to resolve the violation by conference and conciliation.

(2) If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and may order the employer to pay to each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation. If ordering statutory damages, the department shall consider the following when determining the amount of those damages:

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

(b) The size of the employer;

(c) The amount necessary to deter future noncompliance;

(d) The purposes of chapter 49.58 RCW; and

(e) Any other factor deemed appropriate by the department.

(3) In addition to statutory damages, the director may:

(a) Order payment of the department's costs of investigation and enforcement to the department;

(b) Assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and

(c) Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by a violation of WAC 296-123-060(6).

(4) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.