(1)
Prior to serving a statement of charges under RCW 18.130.090 or 18.130.170, the disciplinary authority may furnish a statement of
allegations to the licensee along with a detailed summary of the
evidence relied upon to establish the allegations and a proposed
stipulation for informal resolution of the allegations. These
documents shall be exempt from public disclosure until such time
as the allegations are resolved either by stipulation or
otherwise.
(2) The disciplinary authority and the licensee may
stipulate that the allegations may be disposed of informally in
accordance with this subsection. The stipulation shall contain a
statement of the facts leading to the filing of the complaint;
the act or acts of unprofessional conduct alleged to have been
committed or the alleged basis for determining that the licensee
is unable to practice with reasonable skill and safety; a
statement that the stipulation is not to be construed as a
finding of either unprofessional conduct or inability to
practice; an acknowledgment that a finding of unprofessional
conduct or inability to practice, if proven, constitutes grounds
for discipline under this chapter; and an agreement on the part
of the licensee that the sanctions set forth in RCW 18.130.160,
except RCW 18.130.160 (1), (2), (6), and (8), may be imposed as
part of the stipulation, except that no fine may be imposed but
the licensee may agree to reimburse the disciplinary authority
the costs of investigation and processing the complaint up to an
amount not exceeding one thousand dollars per allegation; and an
agreement on the part of the disciplinary authority to forego
further disciplinary proceedings concerning the allegations. A
stipulation entered into pursuant to this subsection shall not be
considered formal disciplinary action.
(3) If the licensee declines to agree to disposition of the
charges by means of a stipulation pursuant to subsection (2) of
this section, the disciplinary authority may proceed to formal
disciplinary action pursuant to RCW 18.130.090 or 18.130.170.
(4) Upon execution of a stipulation under subsection (2) of
this section by both the licensee and the disciplinary authority,
the complaint is deemed disposed of and shall become subject to
public disclosure on the same basis and to the same extent as
other records of the disciplinary authority. Should the licensee
fail to pay any agreed reimbursement within thirty days of the
date specified in the stipulation for payment, the disciplinary
authority may seek collection of the amount agreed to be paid in
the same manner as enforcement of a fine under RCW 18.130.165.
[2008 c 134 § 24; 2000 c 171 § 29; 1993 c 367 § 7.]
NOTES:
Finding -- Intent -- Severability -- 2008 c 134: See notes following RCW 18.130.020.