(1)
A person, firm, or corporation aggrieved by a citation and notice
of assessment or a determination of compliance issued by the
department under RCW 49.48.083 may appeal the citation and notice
of assessment or the determination of compliance to the director
by filing a notice of appeal with the director within thirty days
of the department's issuance of the citation and notice of
assessment or the determination of compliance. A citation and
notice of assessment or a determination of compliance not
appealed within thirty days is final and binding, and not subject
to further appeal.
(2) 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.
(3) 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 an appealed 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.
(4) 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.
(5) 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.
(6) An employer who fails to allow adequate inspection of
records in an investigation by the department under this chapter
within a reasonable time period may not use such records in any
appeal under this section to challenge the correctness of any
determination by the department of wages owed.
[2006 c 89 § 3.]
NOTES:
Captions not law -- 2006 c 89: See note following RCW 49.48.082.