(1) If the department suspects that an individual or agency is operating an unlicensed school-age program, the department must follow the requirements of RCW
43.216.360.
(2) If an individual or agency decides to obtain a license, within thirty calendar days from the date of the department's notice in subsection (1) of this section, the individual or agency must submit a written agreement on a department form stating they agree to:
(a) Attend and participate in the next available department licensing orientation; and
(b) Submit a licensing application after completing orientation.
(3) The department's written notice under subsection (1) of this section must inform the individual or agency operating an unlicensed school-age program:
(a) That the individual or agency must stop operating an unlicensed school-age program, pursuant to RCW
43.216.360;
(b) How to respond to the department;
(c) How to apply for a license;
(d) How a fine, if issued, may be suspended or withdrawn if the individual applies for a license;
(e) That the individual has a right to request an adjudicative proceeding (hearing) if a fine is assessed; and
(f) How to ask for a hearing, under chapter
34.05 RCW (Administrative Procedure Act), chapter
43.216 RCW, and chapter
110-03 WAC (department hearing rules).
(4) If an individual or agency operating an unlicensed school-age program does not submit an agreement to obtain a license as provided in subsection (2) of this section within thirty calendar days from the date of the department's written notice, the department will post information on its website that the individual is operating a school-age program without a license.
(5) An individual operating an unlicensed school-age program:
(a) Will be guilty of a misdemeanor pursuant to RCW
43.216.365; and
(b) May be subject to an injunction pursuant to RCW
43.216.355.
[Statutory Authority: RCW
43.216.055 and
43.216.065. WSR 21-10-035, § 110-301-0020, filed 4/27/21, effective 6/1/21.]