(1) Any hiring entity or other person aggrieved by a citation assessing a civil penalty, a determination of compliance, or other order issued by the department under this chapter may appeal the citation, determination, or order to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the assessment. A citation, determination, or order not appealed within 30 days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this section stays the effectiveness of the citation, determination, or order pending final review of the appeal by the director as provided in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation or order must be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct the administrative review in accordance with chapter 34.05 RCW.
(4) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) A hiring entity that fails to allow adequate inspection of records in an investigation by the department within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of penalties assessed.
[ 2026 c 15 s 8.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.