Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-170 - Hearing on notice of violation

Current through Register Vol. 24-14, July 15, 2024
(1) The director may hear the appeal
			 personally or may delegate the authority to hold the hearing and draft a
			 proposed decision to an administrative law judge pursuant to chapter 34.12 RCW.
			 The plaintiff in the hearing shall be the department, and the defendants shall
			 be the violator and its interested sureties. The department shall have the
			 burden of proving, by a preponderance of the evidence, that the violations
			 occurred and that any wages were unpaid as stated in the notice.
(2) Any interested party may upon motion, be
			 allowed to intervene as a plaintiff in the hearing. "Standing" shall be
			 construed broadly to effectuate the remedial purposes of the prevailing wage
			 law. An interested party, whether or not admitted as a plaintiff, may submit
			 written arguments and affidavits. The parties shall be given an opportunity to
			 respond to or rebut any arguments and affidavits before the person presiding
			 over the hearing makes his or her decision.
(3) The hearing shall be conducted in
			 accordance with chapter 34.05 RCW.
(4) If the director presides over the
			 hearing, the director shall issue a final decision that includes findings of
			 fact and conclusions of law, and if appropriate an order to pay unpaid
			 prevailing wages, a penalty, or both.
(5) If an administrative law judge presides
			 over the hearing, she or he shall issue a proposed decision that includes
			 findings of fact, conclusions of law, and if appropriate an order to pay unpaid
			 prevailing wages, a penalty, or both. The proposed decision shall be served by
			 certified mail or personally on the violator, the interested sureties, the
			 department, and any interested parties who have intervened as plaintiffs. Any
			 of these parties, if aggrieved by the proposed decision, may appeal to the
			 director within thirty days after the date of issuance of the proposed
			 decision. If none of the parties appeals within thirty days, the proposed
			 decision may not be appealed either to the director or the courts.
(6) An appellant must file with the director
			 an original and two copies of its notice of appeal. The notice of appeal must
			 specify which findings and conclusions are erroneous. The appellant must attach
			 to the notice the written arguments supporting its appeal.
The appellant must serve a copy of the notice of appeal and the
				arguments on the other parties. The respondent parties must file with the
				director their written arguments within thirty days after the date the notice
				of appeal and the arguments were served upon them.
(7) The director shall review the proposed
			 decision in accordance with the Administrative Procedure Act, chapter 34.05
			 RCW. The director may: Allow the parties to present oral arguments as well as
			 the written arguments; require the parties to specify the portions of the
			 record on which the parties rely; require the parties to submit additional
			 information by affidavit or certificate; remand the matter to the
			 administrative law judge for further proceedings; and require a departmental
			 employee to prepare a summary of the record for the director to review. The
			 director shall issue a final decision that can affirm, modify, or reverse the
			 proposed decision.
(8) The director
			 shall serve the final decision on all parties. Any aggrieved party may appeal
			 the final decision to superior court pursuant to chapter 34.05 RCW unless the
			 final decision affirms an unappealed proposed decision. If no party appeals
			 within the period set by chapter 34.05 RCW , the director's decision is
			 conclusive and binding on all parties.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-170, filed
				  1/17/86.