RCW 43.20A.205
Denial, suspension, revocation, or modification of license.
This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.
(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.
(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or an order from court stating that the licensee is in noncompliance with a *residential or visitation order under chapter 26.09 RCW, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW or a *residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.
[ 1997 c 58 § 841; 1989 c 175 § 95.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Effective date—1989 c 175: See note following RCW 34.05.010.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.20A - Department of Social and Health Services.
43.20A.005 - Intent—Public involvement and outreach.
43.20A.030 - Department created—Powers and duties transferred to.
43.20A.035 - Inventory of charitable, educational, penal, and reformatory land.
43.20A.037 - Affordable housing—Inventory of suitable housing.
43.20A.060 - Departmental divisions—Plan establishing and organizing.
43.20A.073 - Rule making regarding sex offenders.
43.20A.075 - Rule-making authority.
43.20A.080 - Data sharing—Confidentiality—Penalties.
43.20A.105 - Social worker V employees—Implementation plan.
43.20A.110 - Secretary's delegation of powers and duties.
43.20A.130 - Secretary or designee as member of state board of health.
43.20A.167 - Federal Older Americans Act of 1965—Department to participate in and administer.
43.20A.168 - Community programs and projects for the aging.
43.20A.205 - Denial, suspension, revocation, or modification of license.
43.20A.215 - Assessment of civil fine.
43.20A.310 - Vocational rehabilitation, powers and duties of secretary or designee.
43.20A.320 - Consultation with coordinating council for occupational education.
43.20A.350 - Committees and councils—Declaration of purpose.
43.20A.360 - Committees and councils—Appointment—Memberships—Terms—Vacancies—Travel expenses.
43.20A.390 - Per diem or mileage—Limitation.
43.20A.405 - Purchase of services from public or nonprofit agencies—Vendor rates—Establishment.
43.20A.410 - Purchase of services from public or nonprofit agencies—Factors to be considered.
43.20A.425 - Purchase of services from public or nonprofit agencies—Qualifications of vendors.
43.20A.445 - State-operated workshops at institutions—Authorized—Standards.
43.20A.465 - Contracted service providers—Disruption or delay by economic or industrial actions.
43.20A.605 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
43.20A.607 - Authority to appoint a single executive officer for multiple institutions—Exception.
43.20A.610 - Employment of deputies, experts, physicians, etc.
43.20A.635 - Services for children with disabilities.
43.20A.675 - Office of the deaf and hard of hearing—Educational materials.
43.20A.680 - State council on aging established.
43.20A.690 - State council on aging—Meetings—Compensation of nonlegislative members.
43.20A.695 - State council on aging—Powers and duties—Bylaws.
43.20A.711 - Receipt and use of criminal history information.
43.20A.715 - Long-term care worker screening—Limitations on disqualification.
43.20A.735 - Domestic violence perpetrator programs.
43.20A.765 - Mental health first aid training for teachers and educational staff.
43.20A.790 - Homeless families with children—Shelter and housing services.
43.20A.800 - Vision services for the homeless—Coordination.
43.20A.810 - Vision services for the homeless—Funding.
43.20A.820 - Vision services for the homeless—Use of used eyeglass frames by providers.
43.20A.830 - Vision services for the homeless—Provider liability.
43.20A.840 - Vision services for the homeless—Third party payers.
43.20A.845 - Vision services for the homeless—Program name.
43.20A.875 - Employee incentive program pilot—WorkFirst program.
43.20A.880 - Training competencies and learning outcomes.