2626‑S AMH MAST CORD 3
SHB 2626 ‑ H AMD 1062 ADOPTED 2-14-94
By Representatives Mastin, Sommers, Grant and Chandler
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.106 RCW to read as follows:
The department of labor and industries shall establish one pilot project in which the department will enter into an agreement with a city regarding compliance inspections by the city to enforce this chapter. Under the terms of the agreement, the city shall be permitted to submit declarations of noncompliance to the department for the department's enforcement under RCW 18.106.180, with reimbursement to the city at an established fee. The pilot project shall be located in eastern Washington.
Sec. 2. RCW 18.106.020 and 1983 c 124 s 4 are each amended to read as follows:
(1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, specialty certificate, or temporary permit, or without being supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit. No person may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, or temporary permit or is supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit.
(2) Violation of subsection (1) of this section is an infraction. Each day in which a person engages in the trade of plumbing in violation of subsection (1) of this section or employs a person in violation of subsection (1) of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing in violation of subsection (1) of this section or at which a person is employed in violation of subsection (1) of this section is a separate infraction.
(3) Notices of infractions for violations of subsection (1) of this section may be issued to:
(a) The person engaging in or offering to engage in the trade of plumbing in violation of subsection (1) of this section;
(b) The employer of a person employed in violation of subsection (1) of this section; and
(c) The employer's supervisor who authorized the work assignment of the person employed in violation of subsection (1) of this section.
Sec. 3. RCW 18.106.180 and 1983 c 124 s 7 are each amended to read as follows:
An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020(3) if a person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department.
Sec. 4. RCW 18.106.190 and 1983 c 124 ' 9 are each amended to read as follows:
(((1)))
The form of the notice of infraction issued under this chapter shall (([be]
prescribed by the supreme court following consultation with the department. To
the extent practicable, the notice of infraction issued under this chapter
shall conform to the notice of traffic infraction prescribed by the supreme
court pursuant to RCW 46.63.060.
(2)
The notice of infraction shall)) include the following:
(((a)))(1)
A statement that the notice represents a determination that the infraction has
been committed by the person named in the notice and that the determination
shall be final unless contested as provided in this chapter;
(((b)))(2)
A statement that the infraction is a noncriminal offense for which imprisonment
shall not be imposed as a sanction;
(((c)))(3)
A statement of the specific infraction for which the notice was issued;
(((d)))(4)
A statement ((that a one hundred dollar)) of the monetary penalty
that has been established for the infraction;
(((e)))(5)
A statement of the options provided in this chapter for responding to the
notice and the procedures necessary to exercise these options;
(((f)))(6)
A statement that at any hearing to contest the determination the state has the
burden of proving, by a preponderance of the evidence, that the infraction was
committed; and that the person may subpoena witnesses, including the authorized
representative of the department who issued and served the notice of
infraction;
(((g)))(7)
A statement, which the person shall sign, that the person promises to respond
to the notice of infraction in one of the ways provided in this chapter;
(((h)))(8)
A statement that refusal to sign the infraction as directed in subsection (((2)(g)))(7)
of this section is a misdemeanor; and
(((i)))(9)
A statement that failure to respond to a notice of infraction as promised is a
misdemeanor and may be punished by a fine or imprisonment in jail.
Sec. 5. RCW 18.106.200 and 1983 c 124 ' 8 are each amended to read as follows:
A
violation designated as an infraction under this chapter shall be heard and
determined by ((a district court. A notice of infraction shall be filed in
the district court district in which the infraction is alleged to have occurred.
If a notice of infraction is filed in a court which is not the proper venue,
the notice shall be dismissed without prejudice on motion of either party))
an administrative law judge of the office of administrative hearings. If a
party desires to contest the notice of infraction, the party shall file a
notice of appeal with the department within fourteen days of issuance of the
infraction. The administrative law judge shall conduct hearings in these cases
at locations in the county where the infraction is alleged to have occurred.
Sec. 6. RCW 18.106.220 and 1983 c 124 ' 11 are each amended to read as follows:
(1) A person who receives a notice of infraction shall respond to the notice as provided in this section within fourteen days of the date the notice was served.
(2)
If the person named in the notice of infraction does not wish to contest the ((determination))
notice of infraction, the person shall ((respond by completing the
appropriate portion of the notice of infraction and submitting it, either by
mail or in person, to the court specified on the notice. A check or money
order in the amount of the penalty prescribed for the infraction must be
submitted with the response)) pay to the department, by check or money
order, the amount of the penalty prescribed for the infraction. When a
response which does not contest the determination is received((, an
appropriate order shall be entered in the court's records, and a record of the
response and order shall be furnished to the department)) by the
department with the appropriate payment, the department shall make the
appropriate entry in its records.
(3)
If the person named in the notice of infraction wishes to contest the ((determination))
notice of infraction, the person shall respond by ((completing the
portion of the notice of infraction requesting a hearing and submitting it,
either by mail or in person, to the court specified on the notice. The court
shall notify the person in writing of the time, place, and date of the hearing,
and that date shall not be sooner than fourteen days from the date of the
notice, except by agreement of the parties)) filing an answer of protest
with the department specifying the grounds of protest.
(4) If any person issued a notice of infraction:
(a) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) of this section;
the ((court))
administrative law judge shall enter an appropriate order assessing the
monetary penalty prescribed for the infraction and shall notify the department
of the failure to respond to the notice of infraction or to appear at a
requested hearing.
(((5)
An order entered by the court under subsection (4)(b) of this section may, for
good cause shown and upon such terms as the court deems just, be set aside for
the same grounds a default judgment may be set aside in civil actions in courts
of limited jurisdiction.))
Sec. 7. RCW 18.106.250 and 1983 c 124 ' 13 are each amended to read as follows:
(1)
((A hearing held for the purpose of contesting the determination that an
infraction has been committed shall be without a jury.
(2)
The court may consider the notice of infraction and any other written report
made under oath submitted by the department's authorized representative who
issued and served the notice in lieu of his or her personal appearance at the
hearing. The person named in the notice may subpoena witnesses, including the
authorized representative who issued and served the notice, and has the right
to present evidence and examine witnesses present in court.
(3)))
The administrative law judge shall conduct notice of infraction cases under
this chapter pursuant to chapter 34.05 RCW.
(2)
The burden of proof is on the department to establish the commission of the
infraction by a preponderance of the evidence. The notice of infraction shall
be dismissed if the defendant establishes that, at the time the notice was
issued((,)):
(a)
The defendant ((was registered)) who was issued a notice of
infraction authorized by RCW 18.106.020(3)(a) had a certificate or permit
issued by the department in accordance with this chapter, was supervised
by a person who has such a certificate or permit, or was exempt from ((registration.
(4)))
this chapter under RCW 18.106.150; or
(b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020(3)(b) or (c), the person employed or supervised by the defendant has a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who had such a certificate or permit, or was exempt from this chapter under RCW 18.106.150.
(3)
After consideration of the evidence and argument, the ((court)) administrative
law judge shall determine whether the infraction was committed. If it has
not been established that the infraction was committed, an order dismissing the
notice shall be entered in the ((court's)) record((s)) of the
proceedings. If it has been established that the infraction was committed,
((an appropriate order shall be entered in the court's records. A record of
the court's determination and order shall be furnished to the department)) the
administrative law judge shall issue findings of fact and conclusions of law in
its decision and order determining whether the infraction was committed.
(((5)))(4)
An appeal from the ((court's)) administrative law judge's
determination or order shall be to the superior court. The decision of the
superior court is subject only to discretionary review pursuant to Rule 2.3 of
the Rules of Appellate Procedure.
Sec. 8. RCW 18.106.270 and 1983 c 124 s 16 are each amended to read as follows:
(1) A
person found to have committed an infraction under RCW 18.106.020 shall be
assessed a monetary penalty of ((one)) two hundred fifty
dollars for the first infraction, and not more than one thousand dollars for
a second or subsequent infraction. The department shall set by rule a schedule
of penalties for infractions imposed under this chapter.
(2)
The ((court)) administrative law judge may waive, reduce, or
suspend the monetary penalty imposed for the infraction for good cause shown.
(3)
Monetary penalties collected under this chapter shall be ((remitted as
provided in chapter 3.62 RCW)) deposited in the plumbing certificate
fund.
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 18.106.025 and 1983 c 124 s 5; and
(2) RCW 18.106.260 and 1983 c 124 s 15.
NEW SECTION. Sec. 10. This act shall take effect July 1, 1994."
EFFECT: Strikes the substitute bill and incorporates the following provisions:
(1) One pilot project for enforcement of plumbing certificate of competency requirements will be established instead of two pilots. The pilot project agreement will specify the reimbursement fee to be received by the city for submitting declarations of noncompliance.
(2) Enforcement of plumbing certificate of competency requirements is moved from district court to an administrative hearing conducted by an administrative law judge. Penalties collected for infractions are deposited in the plumbing certificate fund instead of being distributed under the district court penalty formula to the county and the Public Safety and Education Account.
(3) Adds an effective date of July 1, 1994.
(4) Retains the provisions of the substitute bill that established a violation of the plumbing certificate of competency requirements for employing a person without a required certificate and that increased the penalty for a first offense from $100 to $250 and established a maximum penalty of $1,000 for second and subsequent violations.