Washington § 19.28.131 - Specialty electrical contractor license — Written warning, penalty — Violations of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 — Schedule of penalties — Appeal.

Until July 1, 2007, the department shall issue a written warning to any specialty contractor, performing the scope of work defined by rule for the pump and irrigation or domestic pump specialties, not having a valid electrical contractor license. The warning will state that the contractor must be qualified for and apply for a specialty electrical contractor license under the requirements in RCW 19.28.041 within 30 calendar days of the warning. Only one warning will be issued to any contractor. If the contractor fails to comply with this section, the department shall issue a penalty or penalties as authorized in this section to the contractor. Any person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 shall be assessed a penalty of not less than $50 or more than $10,000. The department shall set by rule a schedule of penalties for violating RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361. The department shall notify the person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.141 and 19.28.311 through 19.28.361 of the amount of the penalty and of the specific violation using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed sent to the last known address of the assessed party. Before using an electronic method for the first time under this section, the department must provide the person, firm, partnership, corporation, or other entity the option to receive communication through a nonelectronic method. Any penalty is subject to review by an appeal to the board. The filing of an appeal stays the effect of the penalty until the board makes its decision. The appeal shall be filed within 20 days after notice of the penalty is given to the assessed party using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed, sent to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department. The notice shall be accompanied by a certified check for $200 or 10 percent of the penalty amount, whichever is less, but in no event less than $100, which shall be returned to the assessed party if the decision of the department is not sustained by the board. If the board sustains the decision of the department, the amount of the check shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW. The board shall assign its hearings to an administrative law judge to conduct the hearing and issue a proposed decision and order. The board shall be allowed a minimum of 20 days to review a proposed decision and shall issue its decision no later than the next regularly scheduled board meeting.

Effective date—2014 c 190: "This act takes effect July 1, 2015." [ 2014 c 190 s 6.]