(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.
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
(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.