No Harm | Minimal to Moderate Harm | Severe Harm | Imminent Danger, Immediate Threat, or Both |
Recurring/Uncorrected | Initial | Recurring/Uncorrected | Initial | Recurring/Uncorrected | Any Violation |
Civil fine of at least one hundred dollars per violation. | Civil fine up to two hundred and fifty dollars per violation per day. | Civil fine up to five hundred dollars per violation per day. | Civil fine up to seven hundred and fifty dollars per violation per day. | Civil fine up to one thousand dollars per violation per day. | Civil fine of one thousand dollars per violation per day. |
Beginning July 1, 2019, the department will consider the guidance in the tiered sanction grid below when imposing civil fine remedies:
No Harm | Minimal to Moderate Harm | Severe Harm | Imminent Danger, Immediate Threat, or Both |
Recurring/Uncorrected | Initial | Recurring/Uncorrected | Initial | Recurring/Uncorrected | Any Violation |
Civil fine of at least one hundred dollars per violation. | Civil fine up to two hundred and fifty dollars per violation or a daily civil fine of at least one hundred and twenty-five dollars per day. | Civil fine up to five hundred dollars per violation or a daily civil fine of at least two hundred and fifty dollars per day. | Civil fine up to one thousand dollars per violation or a daily civil fine of at least five hundred dollars per day. | Civil fine up to one thousand five hundred dollars per violation or a daily civil fine of at least seven hundred and fifty dollars per day. | Civil fine of two thousand dollars or daily civil fine of at least one thousand dollars per day. |
Beginning July 1, 2020, the department will consider the guidance in the tiered sanction grid below when imposing civil fine remedies:
No Harm | Minimal to Moderate Harm | Severe Harm | Imminent Danger, Immediate Threat, or Both |
Recurring/Uncorrected | Initial | Recurring/Uncorrected | Initial | Recurring/Uncorrected | Any Violation |
Civil fine of at least one hundred dollars per violation. | Civil fine up to five hundred dollars per violation or a daily civil fine of at least two hundred and fifty dollars per day. | Civil fine up to one thousand dollars per violation or a daily civil fine of at least five hundred dollars per day. | Civil fine up to two thousand dollars per violation or a daily civil fine of at least one thousand dollars per day. | Civil fine up to three thousand dollars per violation or a daily civil fine of at least one thousand five hundred dollars per day. | Civil fine of three thousand dollars or daily civil fine of at least one thousand dollars per day. |
For the purpose of this section, the following definitions of harm apply:
(1) "Minimal" means violations that result in little to no negative outcome or little or no potential harm for a resident.
(2) "Moderate" means violations that result in negative outcome and actual or potential harm for a resident.
(3) "Severe" means violations that either result in one or more negative outcomes and significant actual harm to residents that does not constitute imminent danger, or there is a reasonable predictability of recurring actions, practices, situations, or incidents with potential for causing significant harm to a resident, or both.
(4) "Imminent danger" or "immediate threat" means serious physical harm to or death of a resident has occurred, or there is a serious threat to the resident's life, health, or safety.
[Statutory Authority: RCW
18.20.090. WSR 20-09-108, § 388-78A-3183, filed 4/16/20, effective 5/17/20. Statutory Authority: Chapter
18.20 RCW. WSR 19-18-031, § 388-78A-3183, filed 8/29/19, effective 9/29/19.]