reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.090 - Reserve fund record and maintenance by state treasurer.

RCW 51.44.090
Reserve fund record and maintenance by state treasurer.
The state treasurer shall keep accurate accounts of the reserve fund and the investment and earnings thereof, to the end that the total reserve fund shall at all times, as nearly as may be, be properly and fully invested and, to meet current demands for pension or lump sum payments, may, if necessary, make temporary loans to the reserve fund out of the accident fund, repaying the same from the earnings of the reserve fund or from collections of its investments or, if necessary, sales of the same.
[ 1972 ex.s. c 43 § 31; 1961 c 23 § 51.44.090. Prior: 1957 c 70 § 44; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.110 - Disbursements of funds.

RCW 51.44.110
Disbursements of funds.
Disbursement out of the several funds shall be made only upon warrants or payments drawn by the department. The state treasurer shall pay every warrant or payment out of the fund upon which it is drawn. If, at any time, there shall not be sufficient money in the fund on which any such warrant or payment is drawn wherewith to pay the same, the employer on account of whose worker it was that the warrant or payment was drawn shall pay the same, and he or she shall be credited upon his or her next following contribution to such fund the amount so paid with interest thereon at the legal rate from the date of such payment to the date such next following contribution became payable and, if the amount of the credit shall exceed the amount of the contribution, he or she shall have a warrant or payment upon the same fund for the excess and, if any such warrant or payment shall not be so paid, it shall remain, nevertheless, payable out of the fund.
[ 2013 c 125 § 8; 1977 ex.s. c 350 § 68; 1973 c 106 § 30; 1961 c 23 § 51.44.110. Prior: 1911 c 74 § 26, part; RRS § 7705, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.120 - Liability of state treasurer.

RCW 51.44.120
Liability of state treasurer.
The state treasurer shall be liable on his or her official bond for the safe custody of the moneys and securities of the several funds, but all of the provisions of law relating to state depositaries and to the deposit of state moneys therein shall apply to the several funds and securities.
[ 2010 c 8 § 14010; 1961 c 23 § 51.44.120. Prior: (i) 1911 c 74 § 26, part; RRS § 7705, part. (ii) 1917 c 28 § 14; RRS § 7723.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.140 - Self-insurer deposits into reserve fund—Accounts within fund—Surpluses and deficits.

RCW 51.44.140
Self-insurer deposits into reserve fund—Accounts within fund—Surpluses and deficits. (Effective until July 1, 2025.)
Each self-insurer shall make such deposits, into the reserve fund, as the department shall require pursuant to RCW 51.44.073, as are necessary to guarantee the payments of the pensions established pursuant to RCW 51.32.050 and 51.32.060.
Each self-insurer shall have an account within the reserve fund. Each such account shall be credited with its proportionate share of interest or other earnings as determined in RCW 51.44.080.
Each such account in the reserve fund shall be experted as required in RCW 51.44.080. Any surpluses shall be forthwith returned to the respective self-insurers, and each deficit shall forthwith be made good to the reserve fund by the self-insurer.
[ 2018 c 282 § 3; 1972 ex.s. c 43 § 30; 1971 ex.s. c 289 § 58.]
Each self-insurer shall make such deposits, into the self-insurance reserve fund, as the department shall require pursuant to RCW 51.44.073, as are necessary to guarantee the payments of the pensions established pursuant to RCW 51.32.050 and 51.32.060.
Each self-insurer shall have an account within the self-insurance reserve fund. Each such account shall be credited with its proportionate share of interest or other earnings as determined in RCW 51.44.080.
Each such account in the self-insurance reserve fund shall be experted as required in RCW 51.44.080. Any surpluses shall be forthwith returned to the respective self-insurers, and each deficit shall forthwith be made good to the self-insurance reserve fund by the self-insurer.
[ 2023 c 110 § 11; 2018 c 282 § 3; 1972 ex.s. c 43 § 30; 1971 ex.s. c 289 § 58.]
NOTES:
Effective date—2023 c 110 §§ 1 and 4-13: See note following RCW 51.44.155.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.142 - Self-insured employer overpayment reimbursement fund.

RCW 51.44.142
Self-insured employer overpayment reimbursement fund. (Effective until July 1, 2025.)
The self-insured employer overpayment reimbursement fund is created in the custody of the state treasurer. Expenditures from the account may be used only for reimbursing the reserve fund and self-insured employers for benefits overpaid during the pendency of board or court appeals in which the self-insured employer prevails and has not recovered. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2008 c 280 § 4.]
NOTES:
Application—2008 c 280: See note following RCW 51.52.050.
The self-insured employer overpayment reimbursement fund is created in the custody of the state treasurer. Expenditures from the account may be used only for reimbursing the self-insurance reserve fund and self-insured employers for benefits overpaid during the pendency of board or court appeals in which the self-insured employer prevails and has not recovered. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2023 c 110 § 12; 2008 c 280 § 4.]
NOTES:
Effective date—2023 c 110 §§ 1 and 4-13: See note following RCW 51.44.155.
Application—2008 c 280: See note following RCW 51.52.050.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.145 - Self-insured insurer program—Administrative costs.

RCW 51.44.145
Self-insured insurer program—Administrative costs.
Moneys used for administrative costs for one-time projects requested by self-insured employers and that will support the self-insured employer program is subject to the allotment of all expenditures pursuant to chapter 43.88 RCW. However, an appropriation is not required for expenditures. Administrative costs include, but are not limited to, the salaries and expenses of staff required to implement the one-time projects and travel, goods, and services necessary to conduct these activities. The department must use self-insured employer administrative assessments to cover the costs of these services. The department must seek support from self-insured employers prior to accessing these funds.
[ 2015 c 177 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.150 - Assessments upon self-insurers for administration costs.

RCW 51.44.150
Assessments upon self-insurers for administration costs.
The director shall impose and collect assessments each fiscal year upon all self-insurers in the amount of the estimated costs of administering their portion of this title during such fiscal year. These assessments shall also include the assessments for the ombuds's office provided for in RCW 51.14.390. The time and manner of imposing and collecting assessments due the department shall be set forth in regulations promulgated by the director in accordance with chapter 34.05 RCW.
[ 2013 c 23 § 116; 2007 c 281 § 11; 1971 ex.s. c 289 § 59.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.155 - Self-insurance reserve fund.

RCW 51.44.155
Self-insurance reserve fund. (Effective July 1, 2025.)
There shall be, in the office of the state treasurer, a fund to be known and designated as the "self-insurance reserve fund."
[ 2023 c 110 § 1.]
NOTES:
Effective date—2023 c 110 §§ 1 and 4-13: "Sections 1 and 4 through 13 of this act take effect July 1, 2025." [ 2023 c 110 § 17.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.160 - Interfund loans between reserve and supplemental pension funds—Audit.

RCW 51.44.160
Interfund loans between reserve and supplemental pension funds—Audit. (Effective until July 1, 2025.)
The director is authorized to make periodic temporary interfund transfers between the reserve and supplemental pension funds as may be necessary to provide for payments from the supplemental pension fund as prescribed in this title. At least once annually, the director shall cause an audit to be made of all pension funds administered by the department to insure that proper crediting of funds has been made, and further to direct transfers between the funds for any interfund loans which may have been made in the preceding year and not fully reimbursed.
[ 1975 1st ex.s. c 224 § 17; 1971 ex.s. c 289 § 60.]
NOTES:
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
The director is authorized to make periodic temporary interfund transfers between the reserve, self-insurance reserve, and supplemental pension funds as may be necessary to provide for payments from the supplemental pension fund as prescribed in this title. At least once annually, the director shall cause an audit to be made of all pension funds administered by the department to insure that proper crediting of funds has been made, and further to direct transfers between the funds for any interfund loans which may have been made in the preceding year and not fully reimbursed.
[ 2023 c 110 § 13; 1975 1st ex.s. c 224 § 17; 1971 ex.s. c 289 § 60.]
NOTES:
Effective date—2023 c 110 §§ 1 and 4-13: See note following RCW 51.44.155.
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.180 - Stay-at-work program—Administrative expenses—Advisory committee.

RCW 51.44.180
Stay-at-work program—Administrative expenses—Advisory committee.
(1) Moneys used for administrative expenses to assist employers with developing a stay-at-work program and other related services that respond to employer needs or employee needs, or both, in the stay-at-work program as they arise is subject to the allotment of all expenditures pursuant to chapter 43.88 RCW. However, an appropriation is not required for expenditures. Administrative expenses include, but are not limited to, the salaries and expenses of staff required to implement the services and travel, goods, and services necessary to conduct these activities. The department must use stay-at-work program premiums to pay for these services. The department must seek the advice of the workers' compensation advisory committee prior to accessing these funds.
(2) The director must appoint a stay-at-work advisory committee composed of six members: Three representing large and small employers and three representing labor. At least one member of the committee must be a small business owner as defined by RCW 34.05.110(9)(a) or must represent a group primarily made up of small businesses. Appointed members representing employers must have experience working directly with the stay-at-work program. Statewide business and labor organizations, representing large and small employers, must provide the director with recommendations for people to serve on the committee. The department must provide staff support for this committee.
(3) The members must serve three-year terms. Terms of the members representing employers and labor must be staggered such that the director must designate one member from each group initially appointed whose term must expire after one year and one member from each group whose term must expire after two years. The remainder of the initial group must be appointed for three-year terms. Thereafter, members must be appointed for three-year terms.
(4) The members must serve without compensation, but must be entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060. All expenses of this committee must be paid by the department.
(5) This committee must review department proposals, submitted by the director, to spend nonappropriated stay-at-work program premiums for administrative expenses as defined under subsection (1) of this section, and make recommendations to the workers' compensation advisory committee for their consideration.
[ 2015 c 177 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.190 - Construction registration inspection account—Fee levels—Transfers.

RCW 51.44.190
Construction registration inspection account—Fee levels—Transfers.
(1) The construction registration inspection account is created in the state treasury. All moneys, except fines and penalties, received or collected under the terms of chapters 18.27 and 70.87 RCW and under the terms of RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495 must be deposited into the account. Moneys in the account may only be spent after appropriation. Expenditures from the account, not including moneys transferred to the general fund, may be used only to carry out the purposes of chapters 18.27 and 70.87 RCW and RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495.
(2) The department shall set the fees deposited in the account at a level that generates revenue that is as near as practicable to the amount of the appropriation to carry out the duties specified in this section.
(3) On the last working day of the first month following each quarterly period, three and one-half percent of all revenues received into the account during the previous quarter from licenses, permits, and registrations, net of refunds paid to customers, must be transferred into the general fund.
[ 2023 c 213 § 10; 2017 3rd sp.s. c 11 § 4.]
NOTES:
Effective date—2023 c 213 § 10: "Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2023." [ 2023 c 213 § 13.]
Effective date—2017 3rd sp.s. c 11: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2017." [ 2017 3rd sp.s. c 11 § 5.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.010 - Employer's liability for penalties, injury or disease occurring before payment of compensation secured.

RCW 51.48.010
Employer's liability for penalties, injury or disease occurring before payment of compensation secured.
Every employer shall be liable for the penalties described in this title and may also be liable if an injury or occupational disease has been sustained by a worker prior to the time he or she has secured the payment of such compensation to a penalty in a sum not less than fifty percent nor more than one hundred percent of the cost for such injury or occupational disease. Any employer who has failed to secure payment of compensation for his or her workers covered under this title may also be liable to a maximum penalty in a sum of one thousand dollars or in a sum double the amount of premiums incurred prior to securing payment of compensation under this title, whichever is greater, for the benefit of the medical aid fund.
[ 2020 c 277 § 1; 1985 c 347 § 2; 1982 c 63 § 20; 1977 ex.s. c 350 § 69; 1971 ex.s. c 289 § 61; 1961 c 23 § 51.48.010. Prior: 1947 c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
NOTES:
Effective date—2020 c 277 § 1-7: "Sections 1 through 7 of this act take effect September 1, 2020." [ 2020 c 277 § 9.]
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.020 - Employer's false reporting or failure to secure payment of compensation—False information by claimants—Unlawful actions—Penalties.

RCW 51.48.020
Employer's false reporting or failure to secure payment of compensation—False information by claimants—Unlawful actions—Penalties.
(1)(a) Any employer, who knowingly misrepresents to the department the amount of his or her payroll or employee hours upon which the premium under this title is based, shall be liable to the state for up to ten times the amount of the difference in premiums paid and the amount the employer should have paid and for the reasonable expenses of auditing his or her books and collecting such sums. Such liability may be enforced in the name of the department.
(b) An employer is guilty of a class C felony, if:
(i) The employer, with intent to evade determination and payment of the correct amount of the premiums, knowingly makes misrepresentations regarding payroll or employee hours; or
(ii) The employer engages in employment covered under this title and, with intent to evade determination and payment of the correct amount of the premiums, knowingly fails to secure payment of compensation under this title or knowingly fails to report the payroll or employee hours related to that employment.
(c) Upon conviction under (b) of this subsection, the employer shall be ordered by the court to pay the premium due and owing, a penalty in the amount of one hundred percent of the premium due and owing, and interest on the premium and penalty from the time the premium was due until the date of payment. The court shall:
(i) Collect the premium and interest and transmit it to the department of labor and industries; and
(ii) Collect the penalty and disburse it pro rata as follows: One-third to the investigative agencies involved; one-third to the prosecuting authority; and one-third to the general fund of the county in which the matter was prosecuted.
Payments collected under this subsection must be applied until satisfaction of the obligation in the following order: Premium payments; penalty; and interest.
(d) An employer found to have violated this subsection shall, in addition to any other penalties, be subject to the penalties in RCW 39.12.055.
(2) Any person claiming benefits under this title, who knowingly gives false information required in any claim or application under this title shall be guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW.
[ 2008 c 120 § 9; 1997 c 324 § 1; 1995 c 160 § 4; 1987 c 221 § 1; 1977 ex.s. c 323 § 22; 1971 ex.s. c 289 § 63; 1961 c 23 § 51.48.020. Prior: 1947 c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
NOTES:
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.025 - Retaliation by employer prohibited—Investigation—Remedies.

RCW 51.48.025
Retaliation by employer prohibited—Investigation—Remedies.
(1) No employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title. However, nothing in this section prevents an employer from taking any action against a worker for other reasons including, but not limited to, the worker's failure to observe health or safety standards adopted by the employer, or the frequency or nature of the worker's job-related accidents.
(2) Any employee who believes that he or she has been discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the director alleging discrimination within ninety days of the date of the alleged violation. Upon receipt of such complaint, the director shall cause an investigation to be made as the director deems appropriate. Within ninety days of the receipt of a complaint filed under this section, the director shall notify the complainant of his or her determination. If upon such investigation, it is determined that this section has been violated, the director shall bring an action in the superior court of the county in which the violation is alleged to have occurred.
(3) If the director determines that this section has not been violated, the employee may institute the action on his or her own behalf.
(4) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and to order all appropriate relief including rehiring or reinstatement of the employee with back pay.
[ 1985 c 347 § 8.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.030 - Failure to keep records and make reports.

RCW 51.48.030
Failure to keep records and make reports.
(1) Every employer who fails to keep and preserve the records required by this title or fails to make the reports provided in this title shall be subject to a penalty determined by the director but not to exceed five hundred dollars or two hundred percent of the quarterly tax for each such offense, whichever is greater. Any employer who fails to keep and preserve the records adequate to determine taxes due shall be forever barred from questioning, in an appeal before the board of industrial insurance appeals or the courts, the correctness of any assessment by the department based on any period for which such records have not been kept and preserved.
(2) The department may waive penalties for first-time or de minimis violations of this section. Any penalty that is waived under this section may be reinstated and imposed in addition to any additional penalties associated with a subsequent violation or failure within a year to correct the previous violation as required by the department.
[ 2020 c 277 § 3; 1986 c 9 § 8; 1985 c 347 § 4; 1982 c 63 § 21; 1971 ex.s. c 289 § 64; 1961 c 23 § 51.48.030. Prior: 1947 c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
NOTES:
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.040 - Inspection of employer's records.

RCW 51.48.040
Inspection of employer's records.
(1) The books, records and payrolls of the employer pertinent to the administration of this title shall always be open to inspection by the department or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the payroll, the persons employed, and such other information as may be necessary for the department and its management under this title.
(2) Refusal on the part of the employer to submit his or her books, records and payrolls for such inspection to the department, or any assistant presenting written authority from the director, shall subject the offending employer to a penalty determined by the director but not to exceed five hundred dollars for each offense and the individual who personally gives such refusal is guilty of a misdemeanor.
(3) Any employer who fails to allow adequate inspection in accordance with the requirements of this section is subject to having its certificate of coverage revoked by order of the department and is forever barred from questioning in any proceeding in front of the board of industrial insurance appeals or any court, the correctness of any assessment by the department based on any period for which such records have not been produced for inspection.
[ 2020 c 277 § 4; 2003 c 53 § 282; 1986 c 9 § 9; 1985 c 347 § 5; 1961 c 23 § 51.48.040. Prior: 1911 c 74 § 15, part; RRS § 7690, part.]
NOTES:
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.050 - Liability for illegal collections for medical aid.

RCW 51.48.050
Liability for illegal collections for medical aid.
It shall be unlawful for any employer to directly or indirectly demand or collect from any of his or her workers any sum of money whatsoever for or on account of medical, surgical, hospital, or other treatment or transportation of injured workers, other than as specified in RCW 51.16.140, and any employer who directly or indirectly violates the foregoing provisions of this section shall be liable to the state for the benefit of the medical aid fund in ten times the amount so demanded or collected, and such employer and every officer, agent, or servant of such employer knowingly participating therein shall also be guilty of a misdemeanor.
[ 1980 c 14 § 13. Prior: 1977 ex.s. c 350 § 70; 1977 ex.s. c 323 § 23; 1961 c 23 § 51.48.050; prior: 1917 c 28 § 17; RRS § 7726.]
NOTES:
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.055 - Termination, dissolution, or abandonment of business—Personal liability for unpaid premiums.

RCW 51.48.055
Termination, dissolution, or abandonment of business—Personal liability for unpaid premiums.
(1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, manager, or other person having control or supervision of payment and/or reporting of industrial insurance, or who is charged with the responsibility for the filing of returns, is personally liable for any unpaid premiums and interest and penalties on those premiums if such officer or other person willfully fails to pay or to cause to be paid any premiums due the department under chapter 51.16 RCW.
For purposes of this subsection "willfully fails to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action.
(2) The officer, member, manager, or other person is liable only for premiums that became due during the period he or she had the control, supervision, responsibility, or duty to act for the corporation described in subsection (1) of this section, plus interest and penalties on those premiums.
(3) The officer, member, manager, or other person is not liable if that person is not exempt from mandatory coverage under RCW 51.12.020 and was directed not to pay the employer's premiums by someone who is exempt.
(4) The officer, member, manager, or other person is not liable if all of the assets of the corporation or limited liability company have been applied to its debts through bankruptcy or receivership.
(5) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures under RCW 51.48.131.
(6) This section does not relieve the corporation or limited liability company of its liabilities under Title 51 RCW or otherwise impair other tax collection remedies afforded by law.
(7) Collection authority and procedures prescribed in this chapter apply to collections under this section.
[ 2004 c 243 § 3.]
NOTES:
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.060 - Physician or licensed advanced registered nurse practitioner—Failure to report or comply.

RCW 51.48.060
Physician or licensed advanced registered nurse practitioner—Failure to report or comply.
Any physician or licensed advanced registered nurse practitioner who fails, neglects or refuses to file a report with the director, as required by this title, within five days of the date of treatment, showing the condition of the injured worker at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or refuses to render all necessary assistance to the injured worker, as required by this title, shall be subject to a civil penalty determined by the director but not to exceed five hundred dollars.
[ 2020 c 277 § 5; 2004 c 65 § 14; 1985 c 347 § 6; 1977 ex.s. c 350 § 71; 1971 ex.s. c 289 § 20; 1961 c 23 § 51.48.060. Prior: 1927 c 310 § 6(e), part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS § 7686(e), part.]
NOTES:
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.075 - Information and training on premium liability.

RCW 51.48.075
Information and training on premium liability.
The department shall, working with business associations and other employer and employee groups when practical, publish information and provide training to promote understanding of the premium liability that may be incurred under this chapter.
[ 2004 c 243 § 5.]
NOTES:
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.080 - Violation of rules.

RCW 51.48.080
Violation of rules. (Effective until July 1, 2024.)
Every person, firm or corporation who violates or fails to obey, observe or comply with any statutory provision of *this act or rule of the department promulgated under authority of this title, shall be subject to a penalty of not to exceed one thousand dollars.
[ 2020 c 277 § 6; 1985 c 347 § 7; 1961 c 23 § 51.48.080. Prior: 1915 c 188 § 8; RRS § 7704.]
NOTES:
*Reviser's note: Reference to "this act" appears to be erroneous. Reference to "this title" was apparently intended.
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
(1) Every person, firm, or corporation who violates or fails to obey, observe, or comply with any statutory provision of this title or rule of the department promulgated under authority of this title, shall be subject to a penalty of not to exceed $1,000.
(2) The department may, for a violation of RCW 51.14.180, assess a penalty not to exceed three times the penalties provided in subsection (1) of this section, including adjustments pursuant to RCW 51.48.095.
[ 2023 c 293 § 1; 2020 c 277 § 6; 1985 c 347 § 7; 1961 c 23 § 51.48.080. Prior: 1915 c 188 § 8; RRS § 7704.]
NOTES:
Application—Effective date—2023 c 293: See notes following RCW 51.14.180.
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.090 - Collection.

RCW 51.48.090
Collection.
Civil penalties to the state under this title shall be collected by civil action in the name of the state and paid into the accident fund unless a different fund is designated.
[ 1961 c 23 § 51.48.090. Prior: (i) 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676d, part. (ii) 1911 c 74 § 15, part; RRS § 7690, part. (iii) 1917 c 28 § 17, part; RRS § 7726, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.095 - Adjustment for inflation.

RCW 51.48.095
Adjustment for inflation.
(1) The penalties payable pursuant to this chapter shall be adjusted for inflation every three years, beginning July 1, 2023, based upon changes in the consumer price index during that time period.
(2) For purposes of this section, "consumer price index" means, for any calendar year, that year's average consumer price index for the Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(3) During the last quarter of the year preceding the scheduled inflationary adjustment, the department will gather stakeholder comment on the anticipated adjustment.
[ 2020 c 277 § 7.]
NOTES:
Effective date—2020 c 277 §§ 1-7: See note following RCW 51.48.010.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.100 - Waiver—Penalty-free periods.

RCW 51.48.100
Waiver—Penalty-free periods.
(1) The director may waive the whole or any part of any penalty charged under this title.
(2) Until June 30, 1986: (a) The director may, at his or her discretion, declare a penalty-free period of no more than three months only for employers who have never previously registered under RCW 51.16.110 for eligible employees under Title 51 RCW; and (b) such employers may qualify once for penalty-free status upon payment of up to one year's past due premium in full and satisfaction of the requirements of RCW 51.16.110. Such employers shall be subject to all penalties for any subsequent failure to comply with the requirements of this title.
[ 1985 c 227 § 1; 1961 c 23 § 51.48.100. Prior: 1947 c 247 § 1, part; Rem. Supp. 1947 § 7676d, part.]
NOTES:
Effective date—1985 c 227: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [ 1985 c 227 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.103 - Engaging in business without certificate of coverage—Unlawful actions—Penalties.

RCW 51.48.103
Engaging in business without certificate of coverage—Unlawful actions—Penalties.
(1) It is a gross misdemeanor:
(a) For any employer to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title;
(b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or permit the company to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title.
(2) It is a class C felony punishable according to chapter 9A.20 RCW:
(a) For any employer to engage in business subject to this title after the employer's certificate of coverage has been revoked by order of the department;
(b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or permit the company to engage in business subject to this title after revocation of a certificate of coverage.
(3) An employer found to have violated this section shall, in addition to any other penalties, be subject to the penalties in RCW 39.12.055.
[ 2008 c 120 § 8; 2003 c 53 § 283; 1986 c 9 § 12.]
NOTES:
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.105 - Failure to apply for coverage of employees—Not applicable, when.

RCW 51.48.105
Failure to apply for coverage of employees—Not applicable, when.
The penalties provided under this title for failure to apply for coverage for employees as required by the provisions of Title 51 RCW, the worker's compensation law, shall not be applicable prior to March 1, 1972, as to any employer whose work first became subject to this title on or after January 1, 1972.
[ 1977 ex.s. c 350 § 73; 1972 ex.s. c 78 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.110 - Decedent having no beneficiaries—Payment into supplemental pension fund.

RCW 51.48.110
Decedent having no beneficiaries—Payment into supplemental pension fund.
Where death results from the injury or occupational disease and the deceased leaves no beneficiaries, a self-insurer shall pay into the supplemental pension fund the sum of ten thousand dollars, less any amount that the self-insurer paid under RCW 51.32.040(2) as payment due for the period of time before the worker's death.
[ 1999 c 185 § 2; 1986 c 56 § 1; 1971 ex.s. c 289 § 65.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.120 - Notice of assessment for default in payments by employer—Issuance—Service—Contents.

RCW 51.48.120
Notice of assessment for default in payments by employer—Issuance—Service—Contents.
If any employer should default in any payment due to the state fund the director or the director's designee may issue a notice of assessment certifying the amount due, which notice shall be served upon the employer by mailing such notice to the employer by a method for which receipt can be confirmed or tracked to the employer's last known address or served in the manner prescribed for the service of a summons in a civil action. Such notice shall contain the information that an appeal must be filed with the board of industrial insurance appeals and the director by mail or personally within thirty days of the date of service of the notice of assessment in order to appeal the assessment unless a written request for reconsideration is filed with the department of labor and industries.
[ 2011 c 290 § 7; 1995 c 160 § 5; 1986 c 9 § 10; 1985 c 315 § 6; 1972 ex.s. c 43 § 32.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.131 - Notice of assessment for default in payments by employer—Appeal.

RCW 51.48.131
Notice of assessment for default in payments by employer—Appeal.
A notice of assessment becomes final thirty days from the date the notice of assessment was served upon the employer unless: (1) A written request for reconsideration is filed with the department of labor and industries, or (2) an appeal is filed with the board of industrial insurance appeals and sent to the director of labor and industries by mail or delivered in person. The appeal shall not be denied solely on the basis that it was not filed with both the board and the director if it was filed with either the board or the director. The appeal shall set forth with particularity the reason for the employer's appeal and the amounts, if any, that the employer admits are due.
The department, within thirty days after receiving a notice of appeal, may modify, reverse, or change any notice of assessment, or may hold any such notice of assessment in abeyance pending further investigation, and the board shall thereupon deny the appeal, without prejudice to the employer's right to appeal from any subsequent determinative notice of assessment issued by the department.
The burden of proof rests upon the employer in an appeal to prove that the taxes and penalties assessed upon the employer in the notice of assessment are incorrect. The department shall promptly transmit its original record, or a legible copy thereof, produced by mechanical, photographic, or electronic means, in such matter to the board. RCW 51.52.080 through 51.52.106 govern appeals under this section. Further appeals taken from a final decision of the board under this section are governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the department has the same right of review from the board's decisions as do employers.
[ 1989 c 175 § 120; 1987 c 316 § 3; 1985 c 315 § 7.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.140 - Notice of assessment for employer's default in payments—When amount becomes final—Warrant—Execution—Garnishment—Fees.

RCW 51.48.140
Notice of assessment for employer's default in payments—When amount becomes final—Warrant—Execution—Garnishment—Fees.
If a notice of appeal is not served on the director and the board of industrial insurance appeals pursuant to RCW 51.48.131 within thirty days from the date of service of the notice of assessment, or if a final decision and order of the board of industrial insurance appeals in favor of the department is not appealed to superior court in the manner specified in RCW 34.05.510 through 34.05.598, or if a final decision of any court in favor of the department is not appealed within the time allowed by law, then the amount of the unappealed assessment, or such amount of the assessment as is found due by the final decision and order of the board of industrial insurance appeals or final decision of the court shall be deemed final and the director or the director's designee may file with the clerk of any county within the state a warrant in the amount of the notice of assessment. The clerk of the county wherein the warrant is filed shall immediately designate a superior court cause number for such warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of such employer mentioned in the warrant, the amount of the taxes and penalties due thereon, and the date when such warrant was filed. The aggregate amount of such warrant as docketed shall become a lien upon the title to, and interest in all real and personal property of the employer against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. The sheriff shall thereupon proceed upon the same in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the employer within three days of filing with the clerk.
[ 2001 c 146 § 11; 1989 c 175 § 121; 1985 c 315 § 8; 1972 ex.s. c 43 § 34.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.160 - Revocation of certificate of coverage for failure to pay warrants or taxes.

RCW 51.48.160
Revocation of certificate of coverage for failure to pay warrants or taxes.
If any warrant issued under this title is not paid within thirty days after it has been filed with the clerk of the superior court, or if any employer is delinquent, for three consecutive reporting periods, in the transmission to the department of taxes due, the department may, by order issued under its official seal, revoke the certificate of coverage of the employer against whom the warrant was issued; and if the order is entered, a copy thereof shall be posted in a conspicuous place at the main entrance to the employer's place of business and shall remain posted until such time as the warrant has been paid. Any certificate so revoked shall not be reinstated, nor shall a new certificate of coverage be issued to the employer, until the amount due on the warrant has been paid, or provisions for payment satisfactory to the department have been entered, and until the taxpayer has deposited with the department such security for payment of any taxes, increases, and penalties, due or which may become due in an amount and under such terms and conditions as the department may require, but the amount of the security shall not be greater than one-half the estimated average annual taxes of the employer.
[ 1986 c 9 § 13.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.170 - Emergency assessment and collection of taxes.

RCW 51.48.170
Emergency assessment and collection of taxes.
If the director or the director's designee has reason to believe that an employer is insolvent or about to cease business, leave the state, or remove or dissipate assets out of which taxes or penalties might be satisfied, and the collection of any taxes accrued will be jeopardized by delaying collection, the director or the director's designee may make an immediate assessment thereof and may proceed to enforce collection immediately under the terms of RCW 51.48.180 and 51.48.190, but interest and penalties shall not begin to accrue upon any taxes until the date when such taxes would normally have become delinquent.
[ 1986 c 9 § 14.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.48 - Penalties. › 51.48.180 - Emergency assessment and collection of taxes—Distraint and sale of property.

RCW 51.48.180
Emergency assessment and collection of taxes—Distraint and sale of property.
If the amount of taxes, interest, or penalties assessed by the director or the director's designee by order and notice of assessment pursuant to RCW 51.48.170 is not paid within ten days after the service or mailing of the order and notice of assessment, the director or the director's designee may collect the amount stated in said assessment by the distraint, seizure, and sale of the property, goods, chattels, and effects of the delinquent employer. There shall be exempt from distraint and sale under this section such goods and property as are exempt from execution under the laws of this state.
[ 1986 c 9 § 15.]