Section 170-295-0110. Civil fines.

(1) The department notifies licensees in writing of the department's intention to impose a civil fine. The department may use personal service, the department's licensor, or certified mail. The letter will include:

(a) A description of the violation and a quote of the law or rule that the licensee has failed to meet;

(b) A statement of what the licensee must do to come into compliance;

(c) The date by which the department requires compliance;

(d) Information about the maximum allowable penalty the department can impose if the licensee does not come into compliance by the given date;

(e) How the licensee can get technical assistance services provided by the department or by others; and

(f) Information about how the licensee can request an extension to the date to be in compliance, if the department decides he or she has a good reason.

(2) The length of time the department establishes for the licensee to come into compliance depends on:

(a) The seriousness of the violation;

(b) The potential threat to the health, safety and welfare of children in the licensee's care; or

(c) If the licensee has had previous opportunities to correct the deficiency and has not done so.

(3) The department uses the following criteria to determine if the department imposes a civil fine based on, but not limited to, these reasons:

(a) The child care center has previously been subject to an enforcement action for the same or similar type of violation for the same statute or rule; or

(b) The child care center has previously been given notice of the same or similar type of violation of the same law or rule; or

(c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.

(4) The department may impose a civil fine in addition to or at the same time as other disciplinary actions against a child care center. These include probation, suspension, or other action.

(5) A licensee must pay any civil fines no more than twenty-eight days after receiving the notice that he or she has a fine. The department may specify a later date.

(6) The department may waive the fine if the licensee's center comes into compliance during the notification period.

(7) A licensee must post the final notice of a civil fine in a noticeable place in his or her center. The notice must remain posted until the department notifies the licensee that the department has received the payment.

(8) Each violation of a law or rule is a separate violation. The department may penalize each violation. The department may impose a penalty for each day the violation continues or as a flat amount of the maximum allowable penalty.

(9) If a licensee fails to pay a fine within ten days after the assessment becomes final, the department may suspend, revoke, or not continue his or her license.

(10) Licensees have the right to a hearing when the department assesses a civil fine under RCW 43.215.307 and chapter 170-03 WAC.

[Statutory Authority: RCW 43.215.070, 43.215.060, 43.43.832(6), and chapter 43.215 RCW. WSR 12-09-060, § 170-295-0110, filed 4/17/12, effective 5/18/12. Statutory Authority: Chapter 43.215 RCW and 2006 c 265. WSR 08-08-012, § 170-295-0110, filed 3/19/08, effective 4/19/08. WSR 06-15-075, recodified as § 170-295-0110, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. WSR 04-09-093, § 388-295-0110, filed 4/20/04, effective 5/21/04; WSR 03-14-110, § 388-295-0110, filed 6/30/03, effective 8/1/03.]

RCW 43.215.070, 43.215.060, 43.43.832(6), and chapter 43.215 RCW. WSR 12-09-060, § 170-295-0110, filed 4/17/12, effective 5/18/12. Statutory Authority: Chapter 43.215 RCW and 2006 c 265. WSR 08-08-012, § 170-295-0110, filed 3/19/08, effective 4/19/08. WSR 06-15-075, recodified as § 170-295-0110, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. WSR 04-09-093, § 388-295-0110, filed 4/20/04, effective 5/21/04; WSR 03-14-110, § 388-295-0110, filed 6/30/03, effective 8/1/03.

Rules

170-03,