(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 or the assessment of civil penalty
due to a determination of status as a repeat willful violator may
appeal the citation and notice of assessment, the determination
of compliance, or the assessment of civil penalty 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, the determination of compliance, or the assessment of
civil penalty. A citation and notice of assessment, a
determination of compliance, or an assessment of a civil penalty
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, the determination of compliance, or the assessment
of civil penalty 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, an appealed determination of
compliance, or an appealed assessment of civil penalty 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 or penalty
assessed.
[2010 c 42 § 3; 2006 c 89 § 3.]
NOTES:
Captions not law -- 2006 c 89: See note following RCW 49.48.082.