WAC 16-90-010   Penalty outline.  (1) In accordance with RCW 16.36.113, any person who violates chapter 16.36 RCW or the rules adopted under that statute may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation.

     (2) Each violation is a separate and distinct offense. Penalties may be assessed per violation or per head when pertaining to animals, depending on the unique circumstances of the violation(s). Every person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation and may be subject to a civil penalty. When a person has committed multiple violations, the violations are cumulative for purposes of calculating the appropriate penalty. Penalties will be added together.

     (3) Moneys collected from civil penalty payments will be deposited in the state general fund.

     (4) Nothing in this chapter shall prevent the department from:

     (a) Choosing not to pursue a civil penalty, permit or license denial, suspension, or revocation;

     (b) Issuing a notice of correction in lieu of pursuing a civil penalty, permit or license denial, suspension, or revocation;

     (c) Negotiating settlement(s) of cases on such terms and for reasons as it deems appropriate.

     (5) A prior violation covered by a settlement agreement may be used by the department for the purpose of determining the appropriate penalty for future violations, if not prohibited by the agreement.

     (6) A violation committed during a period when an individual's permit or license is suspended or revoked may be subject to the maximum civil penalty of one thousand dollars or revocation of the permit or license for a period of up to five years. A violation committed by an unlicensed or unpermitted person is subject to the provisions of this chapter.

     (7) The department may also choose to refer a violation to any federal, state or county authority with jurisdiction over the activities in question.



[Statutory Authority: Chapters 16.36 and 34.05 RCW. 09-03-020, § 16-90-010, filed 1/9/09, effective 2/9/09.]