WAC 296-310-050
Amount of bond or security. (1) A
contractor must provide a bond or security in the following
minimum amount:
(a) If the contractor employs or intends to employ:
(i)
From one to ten employees:
$ 5,000
(ii)
From eleven to fifty employees:
$10,000
(iii)
From fifty-one to one hundred employees:
$15,000
(iv)
Over one hundred employees:
$20,000
(b) If the contractor does not employ agricultural
employees, but only recruits, solicits, supplies, transports, or
hires employees for another person, and that person takes
complete responsibility for payment of wages to the employees,
the contractor shall obtain a $5,000 bond or other security.
(2) If the contractor obtains a two-year license, the bond
or security shall be twice the minimum amounts stated in
subsection (1) of this section.
(3) The department may order the contractor to obtain a bond
or security for an amount greater than the minimums set by
subsections (1) and (2) of this section if the security or bond
is insufficient to satisfy the contractor's potential liability
for the license period. If the department determines that an
increased bond is necessary, it shall serve on the contractor a
notice to increase bond or security. The notice shall:
(a) Describe concisely the reasons an increase in the bond
or security is necessary;
(b) Specify the statutory authority for the required
increase; and
(c) Grant the contractor thirty days from the date of
issuance of the notice to obtain and provide to the department
the increased bond or security.
The notice shall inform the contractor that it may request a
hearing pursuant to WAC 296-310-160 on the order to increase the
bond or security. The notice shall specify that if no hearing is
requested within thirty days of the date of issuance of the
notice the director shall issue a final, unappealable order
requiring the contractor to submit the increased bond or
security. The notice shall also specify that, if the contractor
neither appeals nor obtains the increased bond or security within
the thirty days, the department shall suspend the contractor's
license.
(4) If the director issues a final, unappealed decision
raising the amount of the bond or security, the raised amount
shall be required for all license periods after the date of
issuance of the final decision unless the decision specifically
states otherwise. A contractor may, if the circumstances that
led to the increased amount change, file with the department a
written petition to lower the amount. The petition shall specify
the grounds that justify a lowering of the bond or security. The
department shall investigate the petition and shall issue a new
notice stating its decision on the bond amount. The contractor,
if aggrieved, may appeal this new notice as provided in
subsection (3) of this section.