(1) The department may levy
civil penalties of up to one hundred dollars per day for
violation of any provisions of RCW 77.55.021. The penalty
provided shall be imposed by notice in writing, either by
certified mail or personal service to the person incurring the
penalty, from the director or the director's designee describing
the violation.
(2) Any person incurring any penalty under this chapter may
appeal the same under chapter 34.05 RCW to the director. Appeals
shall be filed within thirty days of receipt of notice imposing
any penalty.
(3) The penalty imposed shall become due and payable thirty
days after receipt of a notice imposing the penalty unless an
appeal is filed. Whenever an appeal of any penalty incurred
under this chapter is filed, the penalty shall become due and
payable only upon completion of all review proceedings and the
issuance of a final order confirming the penalty in whole or in
part.
(4) If the amount of any penalty is not paid within thirty
days after it becomes due and payable, the attorney general, upon
the request of the director, shall bring an action in the name of
the state of Washington in the superior court of Thurston county
or of any county in which such violator may do business, to
recover such penalty. In all such actions the procedure and
rules of evidence shall be the same as an ordinary civil action.
All penalties recovered under this section shall be paid into the
state's general fund.
[2005 c 146 § 701; 2000 c 107 § 19; 1993 sp.s. c 2 § 35; 1988 c 36 § 35; 1986 c 173 § 6. Formerly RCW 77.55.140, 75.20.106.]
NOTES:
Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability -- 1993 sp.s. c 2: See RCW 43.300.901.