2510-S2 AMH REAM H4180.1

2SHB 2510 - H AMD 1080 LOST 02/15/94

By Representatives Reams and Dyer

    On page 10, beginning on line 9, strike all of section 15 and insert the following:

    "NEW SECTION. Sec. 15.  A new section is added to chapter 34.05 RCW to read as follows:

    (1) An agency may immediately impose a penalty otherwise provided for by law for a violation of an administrative rule only if the entity on which the penalty will be imposed has:  (a) Previously violated the same rule; or (b) willfully violated the rule.  If a penalty is otherwise provided, but may not be imposed under this subsection, the agency shall issue a statement of deficiency.

    (2) A statement of deficiency shall specify:  (a) The particular rule violated; (b) the steps the entity must take to comply with the rule; (c) agency personnel designated by the agency to provide technical assistance regarding compliance with the rule; and (d) a date by which the entity is required to comply with the rule.  The date specified shall provide a reasonable period of time for the entity to comply with the rule, considering the size of the entity, its available resources, and the threat posed by the violation.  If the entity fails to comply with the rule by the date specified, it shall be subject to the penalty otherwise provided in law.

    (3) Subsection (1) of this section shall not apply to any violation that places a person in danger of death or substantial bodily harm, is causing or is likely to cause significant environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars.

    (4) The state, the agency, and officers or employees of the state shall not be liable for damages to any person to the extent that liability is asserted to arise from the technical assistance provided under this section, or if liability is asserted to arise from the failure of the agency to supply technical assistance.

    (5) If a state agency has been delegated authority to enforce federal rules, the agency shall submit a written petition to the appropriate federal agency for authorization to comply with this section for all inspections while retaining the state's federal delegation.  If the federal agency fails to provide the authorization, the agency shall comply with this section in all inspections except the minimum number of inspections required by the federal government for the program delegated to the state of Washington for enforcement."

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