WAC 110-301-0443. Enforcement actions, notice, and appeal

(1) Pursuant to RCW 43.216.325 , the department is authorized to take enforcement actions when a school-age provider fails to comply with this chapter or chapter 43.216 RCW. Enforcement actions are taken pursuant to RCW 43.216.020 , 43.216.065 , and 43.216.250 . Enforcement actions include civil monetary penalties (fines) and the denial, suspension, revocation, modification, or nonrenewal of a license. (2) A school-age provider subject to an enforcement action has the right to appeal by requesting an adjudicative proceeding (or "hearing") pursuant to chapter 110-03 WAC, DCYF hearing rules. (3) The department must issue a notice of violation to a school-age provider when taking enforcement actions. A notice of violation must be sent by certified mail or personally served and must include: (a) The reason why the department is taking the action; (b) The rules the provider failed to comply with; (c) The provider's right to appeal enforcement actions; and (d) How the provider may appeal and request a hearing. (4) Fines must not exceed two hundred fifty dollars per day per violation for a school-age program, or as otherwise set by the legislature. Fines may be: (a) Assessed and collected with interest for each day a violation occurs; (b) Imposed in addition to other enforcement actions; and (c) Withdrawn or reduced if a school-age provider comes into compliance during the notification period. (5) A school-age provider must pay fines within twenty-eight calendar days after receiving a notice of violation unless: (a) The office of financial recovery establishes a payment plan for the provider; or (b) A later due date is specified on the notice of violation, pursuant to RCW 43.216.335 (2); or (c) The provider requests a hearing, pursuant to chapter 110-03 WAC, DCYF hearing rules and RCW 43.216.335 (3). (6) The department may suspend or revoke a license if a school-age provider fails to pay a fine within twenty-eight calendar days or becomes delinquent in making payments, pursuant to RCW 43.216.327 and 43.216.335 . If a provider's license is due for renewal, the department may elect not to continue the license for failure to pay a fine.