(1) An employer must submit an H-2A application in the manner and on a form prescribed by the department. The H-2A application is not subject to chapter 50.13 RCW.

(2) The department may not process an H-2A application if the:

(a) Employer refuses to agree to be subject to field checks and field visits; or

(b) Department discontinued services to the employer pursuant to 20 C.F.R. Part 658, Subpart F and that discontinuation remains in effect.