RCW 18.27.310
Infraction—Administrative hearing—Procedure—Burden of proof—Order—Appeal.
(1) The administrative law judge shall conduct contractors' notice of infraction cases pursuant to chapter 34.05 RCW.
(2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence, unless the infraction is issued against an unregistered contractor in which case the burden of proof is on the contractor. The notice of infraction shall be dismissed if the appellant establishes that, at the time the advertising occurred, offer or bid was made, or work was performed, the appellant was registered by the department, without suspension, or was exempt from registration.
(3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed.
(4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.
[ 2007 c 436 § 17; 2001 c 159 § 10; 1993 c 454 § 10; 1986 c 197 § 8; 1983 1st ex.s. c 2 § 9.]
NOTES:
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW 18.27.200.
Structure Revised Code of Washington
Title 18 - Businesses and Professions
Chapter 18.27 - Registration of Contractors.
18.27.005 - Strict enforcement.
18.27.020 - Registration required—Prohibited acts—Criminal penalty—Monitoring program.
18.27.030 - Application for registration—Grounds for denial and suspension.
18.27.060 - Certificate of registration—Issuance, duration, renewal—Suspension.
18.27.062 - Inspection by department—Subcontractor list—Certificate of registration.
18.27.065 - Partnership or joint venture deemed registered, when.
18.27.075 - Fees for issuing or renewing certificate of registration.
18.27.080 - Registration prerequisite to suit.
18.27.100 - Business practices—Advertising—Penalty.
18.27.102 - Unlawful advertising—Liability.
18.27.104 - Unlawful advertising—Citations.
18.27.111 - Public works, contracts with unregistered contractors prohibited.
18.27.114 - Disclosure statement required—Prerequisite to lien claim.
18.27.117 - Violations relating to mobile/manufactured homes.
18.27.120 - List of registered contractors—Availability, fee.
18.27.130 - Chapter exclusive—Certain authority of cities and towns not limited or abridged.
18.27.200 - Violation—Infraction.
18.27.205 - Violations or infractions—Penalties—Subject to RCW 39.12.055.
18.27.210 - Violations—Investigations—Evidence.
18.27.215 - Authority of director—Evidence.
18.27.220 - Investigations—Penalty for failure to identify contractor.
18.27.225 - Violations—Restraining orders—Injunctions.
18.27.230 - Notice of infraction—Service.
18.27.250 - Notice—Filing—Administrative hearing—Appeal.
18.27.260 - Notice—Determination infraction committed.
18.27.270 - Notice—Response—Failure to respond, appear, pay penalties, or register.
18.27.290 - Notice—Penalty for contractor failing to respond.
18.27.300 - Representation by attorney, attorney general.
18.27.310 - Infraction—Administrative hearing—Procedure—Burden of proof—Order—Appeal.
18.27.320 - Infraction—Dismissal, when.
18.27.340 - Infraction—Monetary penalty.
18.27.350 - Violations—Consumer Protection Act.
18.27.380 - Consumer/contractor awareness of chapter.
18.27.385 - Marketing campaign.
18.27.390 - Finding—Unregistered contractors enforcement team.