110-300-0440  <<  110-300-0443 >>   110-300-0450

WAC 110-300-0443

Enforcement actions, notice, and appeal.

(1) Pursuant to RCW 43.216.325, the department is authorized to take enforcement actions when an early learning provider fails to comply with this chapter or chapter 43.216 RCW. Enforcement actions are taken pursuant to RCW 43.216.020, 43.216.065, and 43.216.250. Enforcement actions include civil monetary penalties (fines) and the denial, suspension, revocation, modification, or nonrenewal of a license.
(2) An early learning provider subject to an enforcement action has the right to appeal by requesting an adjudicative proceeding (or "hearing") pursuant to chapter 110-03 WAC, DCYF hearing rules.
(3) The department must issue a notice of violation to an early learning provider when taking enforcement actions. A notice of violation must be sent by certified mail or personal service and must include:
(a) The reason why the department is taking the action;
(b) The rules the provider failed to comply with;
(c) The provider's right to appeal enforcement actions; and
(d) How the provider may appeal and request a hearing.
(4) Fines shall not exceed two hundred fifty dollars per day per violation for center early learning programs or one hundred fifty dollars per day per violation for family home early learning programs, or as otherwise set by the legislature. Fines may be:
(a) Assessed and collected with interest for each day a violation occurs;
(b) Imposed in addition to other enforcement actions; and
(c) Withdrawn or reduced if an early learning provider comes into compliance during the notification period.
(5) An early learning provider must pay fines within twenty-eight calendar days after receiving a notice of violation unless:
(a) The office of financial recovery establishes a payment plan for the provider; or
(b) The provider requests a hearing, pursuant to chapter 110-03 WAC, DCYF hearing rules and RCW 43.216.335(3).
(6) The department may suspend or revoke a license if an early learning provider fails to pay a fine within twenty-eight calendar days or becomes delinquent in making payments, pursuant to RCW 43.216.327 and 43.216.335. If a provider's license is due for annual compliance, the department may elect not to continue the license for failure to pay a fine.
[WSR 18-15-001, recodified as § 110-300-0443, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0443, filed 6/30/18, effective 8/1/19.]
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