WAC 246-231-035   Deliberate misconduct.  (1) For the purpose of this chapter, deliberate misconduct by a person means an intentional act or omission that the person knows:

     (a) Would constitute a violation of a requirement, procedure, instruction, contract, purchase order, or policy; or

     (b) Causes or would cause, if not detected, a violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the department.

     (2) This section applies to any:

     (a) Licensee;

     (b) Certificate holder;

     (c) Quality assurance program approval holder;

     (d) Applicant for a license, certificate, or quality assurance program approval;

     (e) Contractor (including a supplier or consultant) or subcontractor, to any person identified in (d) of this subsection; or

     (f) Employee of any person identified in (a) through (e) of this subsection.

     (3) A person subject to this section who knowingly provides any components, materials, or other goods or services that relate to any activities subject to these regulations may not:

     (a) Engage in deliberate misconduct; or

     (b) Deliberately submit to the department or to a person subject to this section information that the person knows to be incomplete or inaccurate in some respect that matters to the department.

     (4) A person who violates subsection (3)(a) or (b) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR 2 Subpart B.



[Statutory Authority: RCW 70.98.050. 11-03-068, § 246-231-035, filed 1/18/11, effective 2/18/11; 08-09-093, § 246-231-035, filed 4/18/08, effective 5/19/08.]