WAC 365-230-240   Suspension, revocation and modification of accredited training course or lead-based paint certification.  (1) The department may suspend, revoke or modify accreditation of a training course, or the lead-based paint certification of an individual or firm, and may assess a civil penalty, if the individual, entity, or responsible party under these rules has:

     (a) Failed to comply with a requirement of chapter 70.103 RCW or the rules adopted thereunder; or

     (b) Obtained or retained accreditation or certification by error, misrepresentation, or fraud.

     (2) The department may assess a civil penalty against any person who engages in lead-based paint activities or renovation without certification from the department or who offers to provide or provides lead-based paint training courses without accreditation from the department.

     (3) Prior to denying, suspending, revoking, or modifying an accreditation or certification, or imposing a civil penalty, the department in writing shall notify the affected entity of:

     (a) The factual and legal basis for the alleged violation;

     (b) The penalty assessed for the alleged violation;

     (c) The date on which the penalties take effect; and

     (d) The opportunity to contest the action by requesting an adjudicative proceeding within twenty days of notice of the action.

     (4) Whenever an affected entity does not timely request an adjudication proceeding to contest the department's action, the action becomes final and binding on the day specified in the notification of action. Except as provided in subsection (3) of this section, the filing of a timely request for an adjudicative proceeding stays any action against the affected entity until completion of the adjudicative proceeding.

     (5) Whenever the department determines that the public health, safety, or welfare warrants immediate action, the department may summarily suspend accreditation or certification prior to the opportunity for an adjudicative proceeding, as provided in RCW 34.05.479.

     (6) Any request for adjudicative proceeding shall be conducted by the department under chapters 34.05 RCW and 10-08 WAC.

     (7) The public shall be notified of the suspension, revocation, modification or reinstatement of a training program's accreditation through appropriate mechanisms.

     (8) Department shall maintain a list, available to the public, of entities whose accreditation has been suspended, revoked, or modified.



[Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040],70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. 11-07-067, § 365-230-240, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040,70.103.050 , 70.103.060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-240, filed 4/29/04, effective 5/30/04.]