Wash. Admin. Code § 296-128-800 - Enforcement - Retaliation - Appeals
(1) A person, firm, or corporation aggrieved
by a citation and notice of assessment or a determination of compliance may,
within thirty days after the date of such decision, submit a request for
reconsideration to the department setting forth the grounds for seeking such
reconsideration, or submit an appeal to the director pursuant to the procedures
outlined in subsection (4) of this section. If the department receives a timely
request for reconsideration, the department will either accept the request or
treat the request as a notice of appeal.
(2) If a request for reconsideration is
accepted, the department will send notice of the request for reconsideration to
the employer and the employee. The department will determine if there are any
valid reasons to reverse or modify the department's original decision to issue
a citation and notice of assessment or determination of compliance within
thirty days of receipt of such request. The department may extend this period
by providing advance written notice to the employee and employer setting forth
good cause for an extension of the period, and specifying the duration of the
extension. After reviewing the reconsideration, the department will either:
(a) Notify the employee and the employer that
the citation and notice of assessment or determination of compliance is
affirmed; or
(b) Notify the
employee and the employer that the citation and notice of assessment or
determination of compliance has been reversed or modified.
(3) A request for reconsideration submitted
to the department shall stay the effectiveness of the citation and notice of
assessment or the determination of compliance pending the reconsideration
decision by the department.
(4)
Within thirty days after the date the department issues a citation and notice
of assessment or a determination of compliance, or within thirty days after the
date the department issues its decision on the request for reconsideration, a
person, firm, or corporation aggrieved by a citation and notice of assessment
or a determination of compliance may file with the director a notice of
appeal.
(5) A notice of appeal
filed with the director under this section shall stay the effectiveness of the
citation and notice of assessment or the determination of compliance pending
final review of the appeal by the director as provided for in chapter 34.05
RCW.
(6) Upon receipt of a notice
of appeal, the director shall assign the hearing to an administrative law judge
of the office of administrative hearings to conduct the hearing and issue an
initial order. The hearing and review procedures shall be conducted in
accordance with chapter 34.05 RCW, and the standard of review by the
administrative law judge of an appealed citation and notice of assessment or
determination of compliance shall be de novo. Any party who seeks to challenge
an initial order shall file a petition for administrative review with the
director within thirty days after service of the initial order. The director
shall conduct administrative review in accordance with chapter 34.05
RCW.
(7) If a request for
reconsideration is not submitted to the department within thirty days after the
date of the original citation and notice of assessment or determination of
compliance, and a person, firm, or corporation aggrieved by a citation and
notice of assessment or determination of compliance did not submit an appeal to
the director, then the citation and notice of assessment or determination of
compliance is final and binding, and not subject to further appeal.
(8) The director shall issue all final orders
after appeal of the initial order. The final order of the director is subject
to judicial review in accordance with chapter 34.05 RCW.
(9) Director's orders that are not appealed
within the time period specified in this section and chapter 34.05 RCW are
final and binding, and not subject to further appeal.
(10) An employer who fails to allow adequate
inspection of records in an investigation by the department under WAC
296-128-780 through 296-128-800 within a reasonable time period may not use
such records in any appeal under such rules to challenge the correctness of any
determination by the department.
Notes
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