2SSB 5660 - H COMM AMDS

By Committee on Children & Family Services

On page 2, line 10, after Aany@ strike Apending@

On page 2, line 10, after Aaction@ insert Ataken by the department@

On page 2, line 14, after Areports@ insert A, complaints,@

On page 2, after line 36, insert the following:

A(5) The requirements of this section shall not be construed to create a right to an administrative hearing under chapter 34.05 RCW or RCW 43.20A.205.@

On page 5, line 5, after Aappropriate;@ strike A(ii) a complaint is not founded or valid; or (iii)@ and insert Aor (ii)@

On page 5, line 8, after Ato@ strike Athe public and@

On page 5, line 12, after Aan@ strike Aenforcement@ and insert Aadverse licensing@

On page 5, line 13, after Aan@ strike Aenforcement@ and insert Aadverse licensing action or a protective@

On page 5, line 13, after Ataken@ insert Aor a civil penalty imposed,@

On page 5, after line 15, insert A(7) Licensees who are the subject to department action pursuant to subsection (a) do not have a right to an administrative hearing under RCW 43.20A.205 or chapter 34.05 RCW unless the enforcement action taken by the department is an adverse licensing action or imposition of civil penalties.@

On page 5, line 15, after Awithin@ strike Atwo@ and insert Afour@

On page 9, line 6, after Aaction@ strike Aincluding removal of a child or@ and insert Awhich results in removal of a child or child care provider, or which involves@

On page 9, line 12, after A(7)@ strike AReferent@ and insert AReferrer@

On page 9, after line 20, insert the following:

ASec. 7. RCW 43.20A.205 and 1997 c 58 ' 841 are each amended to read as follows:

This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.

(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

(c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or an order from court stating that the licensee is in noncompliance with a residential or visitation order under *chapter 26.09 RCW, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

(3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW((~~or a residential or visitation order under *chapter 26.09 RCW~~)) or actions taken by the department pursuant to section 2 of this act or RCW 74.15.130(5), a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.@

Renumber remaining sections accordingly and correct the title.