AN ACT
Relating to uniform construction trade administrative procedures; and amending
RCW 18.27.030, 18.106.100, 18.106.180, 18.106.200, 19.28.123, 19.28.350,
19.28.540, and 19.28.620.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.27.030 and 1992 c 217 s 1 are each amended to read as follows:
(1) An
applicant for registration as a contractor shall submit an application under
oath upon a form to be prescribed by the director and which shall include the
following information pertaining to the applicant:
(a)
Employer social security number.
(b) As
applicable: (i) The industrial insurance account number covering employees
domiciled in Washington; and (ii) evidence of workers' compensation coverage in
the applicant's state of domicile for the applicant's employees working in
Washington who are not domiciled in Washington.
(c)
Employment security department number.
(d)
State excise tax registration number.
(e)
Unified business identifier (UBI) account number may be substituted for the
information required by (b), (c), and (d) of this subsection.
(f)
Type of contracting activity, whether a general or a specialty contractor and
if the latter, the type of specialty.
(g)
The name and address of each partner if the applicant be a firm or partnership,
or the name and address of the owner if the applicant be an individual
proprietorship, or the name and address of the corporate officers and statutory
agent, if any, if the applicant be a corporation. The information contained in
such application shall be a matter of public record and open to public inspection.
(2)
The department may verify the workers' compensation coverage information
provided by the applicant under subsection (1)(b) of this section, including
but not limited to information regarding the coverage of an individual employee
of the applicant. If coverage is provided under the laws of another state, the
department may notify the other state that the applicant is employing employees
in Washington.
(3)
Registration shall be denied if the applicant has been previously registered as
a sole proprietor, partnership, or corporation, and was a principal or
officer of the corporation, and if the applicant has an unsatisfied final
judgment ((in an action)) based on ((RCW 18.27.040)) this
chapter that incurred during a previous registration under this chapter.
Sec.
2. RCW
18.106.100 and 1977 ex.s. c 149 s 9 are each amended to read as follows:
(1)
The department may revoke ((any)) or suspend a certificate of
competency ((upon)) for any of the following ((grounds)) reasons:
(a)
The certificate was obtained through error or fraud;
(b)
The certificate holder ((thereof)) is judged to be incompetent to
carry on the trade of plumbing as a journeyman plumber or specialty plumber;
(c)
The certificate holder ((thereof)) has violated any ((of the))
provision((s)) of this chapter or any rule ((or regulation
promulgated thereto)) adopted under this chapter.
(2)
Before ((any)) a certificate of competency ((shall be)) is
revoked or suspended, the ((holder thereof shall be given written
notice of the department's intention to do so, mailed by registered mail,
return receipt requested, to said holder's last known address. Said)) department
shall send written notice by registered mail with return receipt requested to
the certificate holder's last known address. The notice ((shall
enumerate)) must list the allegations against ((such)) the
certificate holder((,)) and ((shall)) give him or her
the opportunity to request a hearing before the advisory board. At ((such))
the hearing, the department and the certificate holder ((shall))
have opportunity to produce witnesses and give testimony. The hearing ((shall))
must be conducted in accordance with ((the provisions of))
chapter 34.05 RCW. The board shall render its decision based upon the
testimony and evidence presented((,)) and shall notify the parties
immediately upon reaching its decision. A majority of the board ((shall be))
is necessary to render a decision.
(3)
The department may deny renewal of a certificate of competency issued under
this chapter if the applicant owes outstanding penalties for a final judgment
under this chapter. The department shall notify the applicant of the denial by
registered mail, return receipt requested, to the address on the application.
The applicant may appeal the denial within twenty days by filing a notice of
appeal with the department accompanied by a certified check for two hundred
dollars which shall be returned to the applicant if the decision of the
department is not upheld by the hearings officer. The office of administrative
hearings shall conduct the hearing under chapter 34.05 RCW. If the hearings
officer sustains the decision of the department, the two hundred dollars must
be applied to the cost of the hearing.
Sec.
3. RCW
18.106.180 and 1994 c 174 s 3 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 or
sent by certified mail to the last known address provided to the department of
the person named in the notice.
Sec.
4. RCW
18.106.200 and 1994 c 174 s 5 are each amended to read as follows:
A
violation designated as an infraction under this chapter shall be heard and
determined by 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)) twenty
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.
5. RCW
19.28.123 and 1988 c 81 s 5 are each amended to read as follows:
It
shall be the purpose and function of the board to establish, in addition to a
general electrical contractors' license, such classifications of specialty
electrical contractors' licenses as it deems appropriate with regard to
individual sections pertaining to state adopted codes in this chapter ((19.28
RCW)). In addition, it shall be the purpose and function of the board to
establish and administer written examinations for general electrical
contractors' qualifying certificates and the various specialty electrical
contractors' qualifying certificates. Examinations shall be designed to
reasonably insure that general and specialty electrical contractor's qualifying
certificate holders are competent to engage in and supervise the work covered
by this statute and their respective licenses. The examinations shall include
questions from the following categories to assure proper safety and protection
for the general public: (1) Safety, (2) state electrical code, and (3)
electrical theory. The department with the consent of the board shall be permitted
to enter into a contract with a professional testing agency to develop,
administer, and score these examinations. The fee for the examination may
be set by the department in its contract with the professional testing agency.
The department may direct that the applicant pay the fee to the professional
testing agency. The fee shall cover but not exceed the costs of preparing and
administering the examination. It shall be the further purpose and
function of this board to advise the director as to the need of additional
electrical inspectors and compliance officers to be utilized by the director on
either a full-time or part-time employment basis and to carry out the duties
enumerated in RCW 19.28.510 through 19.28.620 as well as generally advise the department
on all matters relative to RCW 19.28.510 through 19.28.620.
Sec.
6. RCW
19.28.350 and 1988 c 81 s 12 are each amended to read as follows:
Any
person, firm, partnership, corporation, or other entity violating any of the
provisions of RCW 19.28.010 through 19.28.360 shall be assessed a penalty of
not less than fifty dollars or more than ten thousand dollars. The department
shall set by rule a schedule of penalties for violating RCW 19.28.010 through
19.28.360. The department shall notify the person, firm, partnership,
corporation, or other entity violating any of the provisions of RCW 19.28.010
through 19.28.360 of the amount of the penalty and of the specific violation by
certified mail, return receipt requested, sent to the last known address of the
assessed party. Any penalty is subject to review by an appeal to the board.
The filing of an appeal stays the effect of the penalty until the board makes
its decision. The appeal shall be filed within ((fifteen)) twenty
days after notice of the penalty is given to the assessed party by certified
mail, return receipt requested, sent to the last known address of the assessed
party and shall be made by filing a written notice of appeal with the
department. The notice shall be accompanied by a certified check for two
hundred dollars, which shall be returned to the assessed party if the decision
of the department is not sustained by the board. If the board sustains the
decision of the department, the two hundred dollars shall be applied by the
department to the payment of the per diem and expenses of the members of the
board incurred in the matter, and any balance remaining after payment of per
diem and expenses shall be paid into the electrical license fund. The hearing
and review procedures shall be conducted in accordance with chapter 34.05 RCW.
The board shall assign its hearings to an administrative law judge to conduct
the hearing and issue a proposed decision and order. The board shall be
allowed a minimum of twenty days to review a proposed decision and shall issue
its decision no later than the next regularly scheduled board meeting.
Sec.
7. RCW
19.28.540 and 1988 c 81 s 14 are each amended to read as follows:
The
department, in coordination with the board, shall prepare an examination to be
administered to applicants for journeyman and specialty certificates of
competency. The examination shall be constructed to determine:
(1)
Whether the applicant possesses varied general knowledge of the technical
information and practical procedures that are identified with the status of
journeyman electrician or specialty electrician; and
(2)
Whether the applicant is sufficiently familiar with the applicable electrical
codes and the rules of the department pertaining to electrical installations
and electricians.
The
department shall, at least four times annually, administer the examination to
persons eligible to take it under RCW 19.28.530. A person may take the
journeyman or specialty test as many times as necessary without limit. All
applicants shall, before taking the examination, pay ((to the department an))
the required examination fee((. The department shall set the fee by
rule)) to the agency administering the examination. The fee shall cover
but not exceed the costs of preparing and administering the examination.
The
department shall certify the results of the examination upon such terms and
after such a period of time as the department, in cooperation with the board,
deems necessary and proper.
(3)
The department upon the consent of the board may enter into a contract with a
professional testing agency to develop, administer, and score journeyman and/or
specialty electrician certification examinations. The department may set
the examination fee by contract with the professional testing agency.
Sec.
8. RCW
19.28.620 and 1988 c 81 s 16 are each amended to read as follows:
(1) It
is unlawful for any person, firm, partnership, corporation, or other entity to
employ an individual for purposes of RCW 19.28.510 through 19.28.620 who has
not been issued a certificate of competency or a training certificate. It is
unlawful for any individual to engage in the electrical construction trade or
to maintain or install any electrical equipment or conductors without having in
his or her possession a certificate of competency or a training certificate
under RCW 19.28.510 through 19.28.620. Any person, firm, partnership,
corporation, or other entity found in violation of RCW 19.28.510 through
19.28.620 shall be assessed a penalty of not less than fifty dollars or more
than five hundred dollars. The department shall set by rule a schedule of
penalties for violating RCW 19.28.510 through 19.28.620. An appeal may be made
to the board as is provided in RCW 19.28.350. The appeal shall be filed within
((fifteen)) twenty days after the notice of the penalty is given
to the assessed party by certified mail, return receipt requested, sent to the
last known address of the assessed party and shall be made by filing a written
notice of appeal with the department. Any equipment maintained or installed by
any person who does not possess a certificate of competency under RCW 19.28.510
through 19.28.620 shall not receive an electrical work permit and electrical
service shall not be connected or maintained to operate the equipment. Each
day that a person, firm, partnership, corporation, or other entity violates ((the
provisions of)) RCW 19.28.510 through 19.28.620 is a separate violation.
(2)
A civil penalty shall be collected in a civil action brought by the attorney
general in the county wherein the alleged violation arose at the request of the
department if any of ((the provisions of)) RCW 19.28.510 through
19.28.620 or any rules ((promulgated)) adopted under RCW
19.28.510 through 19.28.620 are violated.
