Z-252                 _______________________________________________

                                                   HOUSE BILL NO. 1021

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Vekich and Nealey; by Department of Agriculture request

Read first time 2/8/85 and referred to Committee on Agriculture.

AN ACT Relating to enforcement of pesticide control; adding a new section to chapter 15.58 RCW; adding a new section to chapter 17.21 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 15.58 RCW to read as follows:

          (1) Every person who fails to comply with this chapter or of the rules adopted under it shall be subjected to a penalty in an amount of not more than one thousand dollars for every such violation.  Each and every such violation shall be a separate and distinct offense.  Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and shall be subject to the penalty herein provided.

          (2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service from the department to the person incurring the penalty, describing the violation with reasonable  particularity.  Within fifteen days after the notice is received, the persons incurring the penalty may apply in writing to the department for the remission or mitigation of the penalty.  Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems the remission or mitigation to be, in the best interests of carrying out the purposes of this chapter.  The department shall have authority to ascertain the facts regarding all such applications in a reasonable manner and under such rules as it may deem proper.  Any penalty imposed by this section shall be subject to review by an administrative law judge in accordance with the procedures established in chapter 34.04 RCW.

          (3) Any penalty imposed by this section shall become due and payable thirty days after receipt of a notice imposing the penalty unless application for remission or mitigation is made, or petition for review by the administrative law judge is filed.  When an application for remission or mitigation is made, any penalty incurred under this section shall become due and payable thirty days after receipt of notice setting forth the disposition of the application.  Any penalty resulting from a decision of the administrative law judge shall become due and payable thirty days after receipt of the notice setting forth the decision.

          (4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator may do business, to recover the penalty.  In all such actions, the procedure and rules of evidence shall be the same as for an ordinary civil action except as otherwise provided in this chapter.

NEW SECTION. Sec. 2.  A new section is added to chapter 17.21 RCW to read as follows:

          (1) Every person who fails to comply with this chapter or of the rules adopted under it shall be subjected to a penalty in an amount of not more than one thousand dollars for every such violation.  Each and every such violation shall be a separate and distinct offense.  Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and shall be subject to the penalty herein provided.

          (2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service from the department to the person incurring the penalty, describing the violation with reasonable  particularity.  Within fifteen days after the notice is received, the persons incurring the penalty may apply in writing to the department for the remission or mitigation of the penalty.  Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems the remission or mitigation to be, in the best interests of carrying out the purposes of this chapter.  The department shall have authority to ascertain the facts regarding all such applications in a reasonable manner and under such rules as it may deem proper.  Any penalty imposed by this section shall be subject to review by an administrative law judge in accordance with the procedures established in chapter 34.04 RCW.

          (3) Any penalty imposed by this section shall become due and payable thirty days after receipt of a notice imposing the penalty unless application for remission or mitigation is made, or petition for review by the administrative law judge is filed.  When an application for remission or mitigation is made, any penalty incurred under this section shall become due and payable thirty days after receipt of notice setting forth the disposition of the application.  Any penalty resulting from a decision of the administrative law judge shall become due and payable thirty days after receipt of the notice setting forth the decision.

          (4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator may do business, to recover the penalty.  In all such actions, the procedure and rules of evidence shall be the same as for an ordinary civil action except as otherwise provided in this chapter.