WAC 246-205-121   Denial, suspension, revocation of certification, and civil penalties.  (1) An initial, renewal, or reciprocal illegal drug manufacturing or storage site decontamination worker, supervisor, or contractor certificate will be denied when an applicant fails to meet the requirements of WAC 246-205-071, 246-205-081, 246-205-091 or 246-205-101.

     (2) Disciplinary action against a decontamination worker, supervisor, or contractor may be taken for failing to comply with the requirements of chapter 64.44 RCW, or any rule adopted under chapter 64.44 RCW. Disciplinary action may be taken on any of the following grounds:

     (a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;

     (b) Failing to file a work plan;

     (c) Failing to perform work pursuant to the work plan;

     (d) Failing to perform work that meets the requirements of the department;

     (e) Obtaining a certificate by error, fraud, or misrepresentation; or

     (f) If the person has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

     (3) Disciplinary action against a decontamination worker, supervisor, or contractor may include, but not be limited to, denial, suspension, or revocation of certification.

     (4) A contractor may be assessed a civil penalty not to exceed five hundred dollars for each violation in addition to certification denial, suspension, or revocation pursuant to this rule. Each day the violation continues shall be considered a separate violation.

     (5) Adjudicative proceedings are governed by chapter 34.05 RCW, the Administrative Procedure Act; chapter 246-10 WAC; and this chapter.



[Statutory Authority: RCW 64.44.070. 03-02-022, § 246-205-121, filed 12/23/02, effective 1/23/03.]