(1) The penalties under this section may be
imposed by the office, or by the state agency or educational institution
administering a contract or procurement within which a violation occurs.
Nothing in
chapter
39.19 RCW or this title
prevents the state agency or educational institution administering the contract
from pursuing any procedures or sanctions as are otherwise provided by statute,
rule, or contract provision.
(2)
Penalties which may be imposed include one or more of the following:
(a) Withhold payment until the violation is
remedied;
(b) Debarment from
contracting with the state for up to one year; debarment for up to three years
may be imposed for willful repeated violations, exceeding a single
violation;
(c) Suspension of the
contract;
(d) Termination of the
contract;
(e) Immediate suspension
of the certification of a certified firm;
(f) Payment of civil penalties of up to five
thousand dollars for each violation or up to ten percent of the amount of the
contract; or
(g) Decertification or
denial of certification.
(3) Penalties may be imposed on one or more
individuals, partnerships, associations, organizations, corporations,
cooperatives, legal representatives, trustees and receivers, or any group of
persons.
(4) Penalties shall be
imposed by the
office giving a written notice which is either served personally
or by certified mail, return receipt requested, to the person or business
incurring the penalty. Except for suspension of certification, which is covered
by WAC
326-02-090, the notice of the
civil penalty shall be a final order of the
office unless, within fifteen
days
after the notice is served, the person incurring the penalty appeals the
penalty by filing a notice of appeal with the
office.
(5) If a notice of appeal is filed in a
timely manner, the
office shall conduct a brief adjudicative proceeding as
outlined in chapter
326-08 WAC.
