(1) Chapter
34.05 RCW applies to department actions under this chapter and chapter
74.39A RCW, except that orders of the department imposing contract suspension, stop placement, or conditions for continuation of a contract are effective immediately upon notice and shall continue pending any hearing.
(2) Civil monetary penalties shall become due twenty eight days after the contractor is served with a notice of the penalty unless the contractor requests a hearing in compliance with chapter
34.05 RCW and RCW
43.20A.215. If a hearing is requested, the penalty becomes due ten days after a final decision in the department's favor is issued. Interest shall accrue beginning thirty days after the department serves the contractor with notice of the penalty at a rate of one percent per month in accordance with RCW
43.20B.695.
(3) A person contesting any decision by the department to impose a remedy must within twenty-eight days of receipt of the decision:
(a) File a written application for an adjudicative proceeding by a method showing proof of receipt with the Board of Appeals, P.O. Box 45803, Olympia, WA 98504; and
(b) Include in or with the application:
(i) The grounds for contesting the department decision; and
(ii) A copy of the contested department decision.
(4) Administrative proceedings shall be governed by chapter
34.05 RCW, RCW
43.20A.215, where applicable, this section, and chapter
388-02 WAC. If any provision in this section conflicts with chapter
388-02 WAC, the provision in this section governs.
[Statutory Authority: RCW
74.39A.010,
74.39A.020,
74.39A.060,
74.39A.070, and chapter
74.39A RCW. WSR 04-16-063, § 388-110-270, filed 7/30/04, effective 9/1/04. Statutory Authority: RCW
74.39A.010,
74.39A.020,
74.39A.060,
74.39A.080,
74.39A.170,
18.88A.210-[18.88A.]240 and
70.129.040. WSR 96-11-045 (Order 3979), § 388-110-270, filed 5/8/96, effective 6/8/96.]