Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-24 - Appliance standards › Section 194-24-070 - Violations, assessment of civil penalties, and review of penalty decisions

Current through Register Vol. 24-14, July 15, 2024
(1) First
			 violations (notice of violation): When the department has determined that a
			 manufacturer or distributor has violated chapter 19.260 RCW or this chapter,
			 the director or their designee will issue a warning in the form of a notice of
			 violation (NOV) for the first violation. The NOV will specify the time by which
			 the manufacturer or distributor must cure the violation. If compliance is not
			 achieved by the date established in the NOV, the department may consider the
			 manufacturer's or distributor's continued noncompliance to constitute a
			 subsequent violation.
(2) Repeat
			 violations (notice of repeat violation and intent to assess penalties): If the
			 department determines that the person receiving the NOV has committed a
			 subsequent violation of chapter 19.260 RCW, the director or their designee may
			 issue a notice of repeat violation and intent to assess penalties (NOI). The
			 NOI informs the manufacturer or distributor of the portions of chapter 19.260
			 RCW and this chapter that have been violated and will include a description of
			 how penalties will be calculated. A manufacturer or distributor receiving an
			 NOI has twenty-five days from the date notice is given to request an
			 administrative hearing by following the process specified on the NOI. If the
			 request for hearing is not timely filed with the department, the manufacturer
			 or distributor waives its right to a hearing and the director or their designee
			 may issue a final order assessing penalties described in the NOI.
(3) Penalty assessment: Repeat violations are
			 subject to a civil penalty of not more than two hundred fifty dollars a day,
			 and the department may consider each unit of a noncompliant product to be a
			 separate violation.
(4) Unpaid
			 penalties: Interest will accrue on civil penalties pursuant to
			 RCW
			    43.17.240 if and when the debt becomes past
			 due. If a penalty has not been paid by the due date, the department may assign
			 the debt to a collection agency as authorized by
			 RCW
			    19.16.500 or take other action to pursue
			 collection as authorized by law. If referred to a collection agency, the
			 department may add a reasonable fee, payable by the debtor, to the outstanding
			 debt for the collection agency fee.
(5) Administrative hearings: After receiving
			 a timely request for an administrative hearing, the department may refer the
			 matter to the office of administrative hearings (OAH). Administrative hearings
			 will be conducted in accordance with the Administrative Procedure Act, chapter
			 34.05 RCW, the model rules of procedure, chapter 10-08 WAC, and the procedural
			 rules adopted in this section. In the case of a conflict between the model
			 rules of procedure and the procedural rules adopted in this section, the
			 procedural rules adopted in this section take precedence.
(6) Initial orders to become final orders.
			 Initial orders issued by the presiding officer will become final without
			 further agency action unless, within twenty days:
(a) The director determines that the initial
			 order should be reviewed; or
(b) A
			 party to the proceeding files a petition for administrative review of the
			 initial order. Upon occurrence of either event, notice shall be given to all
			 parties to the proceeding.