(1) Cause for suspension. The commission may suspend a certificate for cause. Cause includes, but is not limited to:
(a) Failure to maintain evidence of required liability insurance coverage for all areas of a company's operations;
(b) Failure to file an annual report or pay required regulatory fees;
(c) Failure to comply with the rates and rules contained in the company's filed tariff;
(d) Failure or refusal to comply with operating standards that protect the public health, safety or welfare;
(e) Allowing others to operate under a company's certificated authority without having first obtained commission approval; or
(f) Operating in a manner that violates the rights of customers and/or constitutes an unfair or deceptive business practice.
(2) Cause for cancellation. The commission may cancel a certificate for cause. Cause includes, but is not limited to:
(a) Operating without proper insurance;
(b) Failure to file an annual report or pay required regulatory fees;
(c) Failure to correct within the time specified in a suspension order all conditions listed in the suspension order that led to the certificate's suspension;
(d) Continued violations of applicable laws and rules affecting the public health, safety, or welfare when the commission has reason to believe the company will not comply with those laws and rules following a specified period of suspension;
(e) Repeated failure or refusal to comply with applicable laws and rules pertaining to operations of solid waste collection companies;
(f) Failure to supply requested information needed by the commission in the performance of its regulatory functions;
(g) Submission of false, misleading, or inaccurate information; or
(h) Allowing others to operate under a company's certificated authority without having first obtained commission approval.
(3) Notice of pending suspension and cancellation. When the commission believes cause exists to suspend or cancel a certificate, it will issue a notice to the company of the commission's intention to suspend or cancel the authority.
(4) Contest of suspension and cancellation. A company may contest the pending suspension and/or cancellation of its certificate by requesting a hearing or brief adjudicative proceeding within ten days following the date of the notice.
[Statutory Authority: RCW
80.01.040(4),
81.04.160. WSR 06-07-100 (Docket No. T-051359, General Order No. R-529), § 480-70-161, filed 3/15/06, effective 4/15/06. Statutory Authority: RCW
81.04.160,
81.77.030 and
80.01.040. WSR 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-161, filed 3/23/01, effective 4/23/01.]