WAC 296-200A-305   How does the department notify registered contractors about unregistered subcontractors they have employed?  (1) Unless a general contractor or its representative has been given written notification by the department that a subcontractor they have employed, who was registered when employed, has subsequently become unregistered, it is not unlawful for the general contractor to employ that subcontractor. (See RCW 18.27.020(3).)

     (2) To comply with RCW 18.27.020(3), the department, when feasible, will issue a written "notice of unregistered subcontractors" to a general contractor or its representative.

     (3) A "notice of unregistered subcontractor" issued under this section must be personally served on the general contractor named in the notice by the department's compliance inspectors or must be mailed to the general contractor named in the notice.

     (4) If the general contractor named in the notice is a firm or corporation, the notice may be personally served on any employee of the firm or corporation. If the notice is personally served upon an employee and the department is able to obtain the general contractor's address, the department must mail a copy of the notice to the general contractor within four days of service.

     (5) A "notice of unregistered subcontractor" is not a notice of infraction.

     (6) A "notice of unregistered subcontractor" is not required to issue an infraction to a contractor for employing a subcontractor that was unregistered, suspended or expired at the time they were hired by the general contractor.

     If no signed contract between the contractor and the unregistered subcontractor exists, the first date of work performed by the subcontractor will be used as the hire date.

     (7) If, after receiving the "notice of unregistered subcontractor," the general contractor continues to employ the subcontractor in question, it will be liable for an infraction under RCW 18.27.200.



[Statutory Authority: Chapter 18.27 RCW, 2011 c 15, and 2011 c 301. 11-23-140, § 296-200A-305, filed 11/22/11, effective 12/31/11. Statutory Authority: Chapter 18.27 RCW and 2007 c 436. 08-16-091, § 296-200A-305, filed 8/4/08, effective 9/4/08. Statutory Authority: RCW 18.27.040, 18.27.070, 18.27.075, 18.27.125, 2001 c 159, and chapter 18.27 RCW. 03-20-097, § 296-200A-305, filed 9/30/03, effective 11/17/03. Statutory Authority: Chapter 18.27 RCW. 97-24-071, § 296-200A-305, filed 12/2/97, effective 1/5/98.]