WSR 99-02-048
PERMANENT RULES
SECRETARY OF STATE
[Filed January 4, 1999, 2:08 p.m.]
Date of Adoption: December 21, 1998.
Purpose: Changes and clarification to the Washington Electronic Authentication Act, chapter 19.34 RCW.
Citation of Existing Rules Affected by this Order: Amending WAC 434-180-265.
Statutory Authority for Adoption: Chapter 19.34 RCW.
Adopted under notice filed as WSR 98-22-113 on November 4, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
January 4, 1999
Tracy Guerin
Deputy Secretary of State
OTS-2699.1
AMENDATORY SECTION (Amending WSR 97-24-053, filed 11/26/97, effective 12/27/97)
WAC 434-180-265 Civil penalties. The secretary may, by order, impose and collect a civil monetary penalty against a licensed certification authority for a violation of chapter 19.34 RCW as provided by RCW 19.34.120.
(1) Penalties imposed under this section shall not exceed ten thousand dollars per incident, or ninety percent of the recommended reliance limit of a material certificate, whichever is less. In case of a violation continuing for more than one day, each day is considered a separate incident. In the case of a state agency authorized by law to become a licensed certification authority, the sole penalty imposed pursuant to this section shall consist of specific findings of noncompliance and an order requiring compliance with this chapter and the rules of the secretary. Any penalty imposed pursuant to this chapter and chapter 34.05 RCW shall be enforceable in the superior court.
(2) In assessing penalties under this section, the secretary shall:
(a) Issue to the licensed certification authority a notice of apparent noncompliance, specifying the provisions of statute or rule with which the certification authority is not in compliance and the range of possible sanctions;
(b) Specify a time period of not less than thirty days during which the certification authority may respond in writing to the notice of apparent noncompliance;
(c) If the certification authority does not respond in writing within the specified period, or obtain a written extension of that period, then the secretary may impose an order consistent with the notice, subject to review pursuant to WAC 434-180-500;
(d) If the certification authority does respond in writing:
(i) If the secretary deems the response to satisfactorily demonstrate compliance with the provisions referenced in the notice, then the secretary shall terminate this process without imposing any penalty;
(ii) If the secretary does not deem the response satisfactory, then the secretary may either:
(A) Issue a new or revised notice pursuant to (a) of this subsection; or
(B) Impose an order consistent with the notice, subject to review pursuant to WAC 434-180-500.
[Statutory Authority: RCW 19.34.030, 19.34.040, 19.34.100, 19.34.111 and 19.34.400. 97-24-053, § 434-180-265, filed 11/26/97, effective 12/27/97.]