Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-310 - Farm labor contracting rules › Section 296-310-170 - Hearing on appeal of notice

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The director may hear an 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
			 at the hearing shall be the department and the defendants shall be the
			 contractor or the violator and its surety. The department shall have the burden
			 of proving, by a preponderance of the evidence, that the matters stated in the
			 notice occurred.
(2) Any person who
			 has standing may, upon motion, be allowed to intervene as a plaintiff in a
			 hearing on a notice of violation. Any interested person, whether or not
			 admitted as a plaintiff, may submit written arguments and affidavits in any
			 hearing.
(3) The hearing shall be
			 conducted in accordance with the uniform procedure rules, chapter 1-08
			 WAC.
(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 for a violation, an
			 order to pay unpaid wages, damages, or a penalty.
(5) If an administrative law judge presides
			 over the hearing, she or he shall issue a proposed decision that includes
			 findings of fact and conclusions of law and, if appropriate for a violation, an
			 order to pay unpaid wages, damages, or a penalty. The proposed decision shall
			 be served on the contractor or the violator and its surety, the department, and
			 any persons 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. A copy of the proposed decision shall
			 also be mailed to all persons who submitted written arguments or affidavits at
			 the hearing.
(6) An appellant must
			 file with the director an original and four 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 34.04
			 RCW. The director may: 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 department
			 employee to prepare a summary of the record for the department to review. The
			 director may allow the parties to present oral arguments as well as the written
			 arguments. 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 RCW 34.04.130 unless the final decision affirms an
			 unappealed proposed decision. If no party appeals within the period set by RCW
			 34.04.130, the director's decision is conclusive and binding on all parties.
			 The director shall also mail a copy of the final decision to all persons who
			 submitted written arguments or affidavits at the hearing.
Statutory Authority:
				  RCW
				  19.30.130. 86-01-027 (Order 85-34), §
				  296-310-170, filed 12/11/85.