RCW 43.216.325
Licenses—Denial, suspension, revocation, modification, nonrenewal—Proceedings—Penalties.
(1) An agency may be denied a license, or any license issued pursuant to this chapter may be suspended, revoked, modified, or not renewed by the secretary upon proof (a) that the agency has failed or refused to comply with the provisions of this chapter or the requirements adopted pursuant to this chapter; or (b) that the conditions required for the issuance of a license under this chapter have ceased to exist with respect to such licenses. RCW 43.216.327 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, the department's decision shall be upheld if it is supported by a preponderance of the evidence.
(3)(a) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under this chapter or that an agency subject to licensing under this chapter is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home.
(b) Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance.
(c) Civil monetary penalties shall not exceed one hundred fifty dollars per violation for a family day care home and two hundred fifty dollars per violation for child day care centers or outdoor nature-based child care programs. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.
(d) The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period.
(e) The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. RCW 43.216.335 governs notice of a civil monetary penalty and provides the right to an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.
(4)(a) In addition to or in lieu of an enforcement action being taken, the department may place a child day care center, outdoor nature-based child care provider, or family day care provider on nonreferral status if the center or provider has failed or refused to comply with this chapter or rules adopted under this chapter or an enforcement action has been taken. The nonreferral status may continue until the department determines that: (i) No enforcement action is appropriate; or (ii) a corrective action plan has been successfully concluded.
(b) Whenever a child day care center, outdoor nature-based child care provider, or family day care provider is placed on nonreferral status, the department shall provide written notification to the child day care center, outdoor nature-based child care provider, or family day care provider.
(5) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to: (a) Take an enforcement action against a child day care center, outdoor nature-based child care provider, or family day care provider; or (b) place or remove a child day care center, outdoor nature-based child care provider, or family day care provider on nonreferral status.
[ 2021 c 304 § 15; 2018 c 58 § 38; 2011 c 296 § 1; 2007 c 17 § 2; 2006 c 265 § 311. Formerly RCW 43.215.300.]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Short title—2011 c 296: "This act shall be known and cited as the Colby Thompson act." [ 2011 c 296 § 4.]
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.216 - Department of Children, Youth, and Families.
43.216.020 - Department duties.
43.216.022 - Annual quality assurance report.
43.216.025 - Secretary—Appointment—Salary.
43.216.030 - Secretary's authority.
43.216.035 - Office of innovation, alignment, and accountability—Duties and focus.
43.216.040 - Family services and programs—Administration.
43.216.045 - Advisory committees or councils—Travel expenses.
43.216.055 - Federal and state cooperation—Rules—Construction.
43.216.060 - Policies to support children of incarcerated parents.
43.216.065 - Private-public partnership—Secretary's duties.
43.216.070 - Reports to the governor and legislature.
43.216.080 - Integration with other entities.
43.216.085 - Early achievers program—Quality rating and improvement system.
43.216.090 - Early achievers program—Mental health consultants.
43.216.091 - Early achievers program—Administrative policies—Rating and rerating.
43.216.092 - Early achievers program—Administrative policies—Various.
43.216.105 - Native language development and retention—Dual language learning—Rules.
43.216.115 - Partnership responsibilities—Department's duties—Partnership's duties.
43.216.130 - Home visiting services account—Purpose—Administration—Funding.
43.216.135 - Child care providers—Subsidy requirements—Tiered reimbursements—Copayments.
43.216.136 - Working connections child care program—Eligibility.
43.216.1368 - Working connections child care program—Eligibility—Copayments.
43.216.137 - Working connections child care program—Unemployment compensation.
43.216.139 - Working connections child care program—Notification of change in providers.
43.216.143 - Working connections child care program—Contracted child care slots and vouchers.
43.216.145 - Working connections child care—Eligibility of high school students.
43.216.155 - Home visitation programs—Findings—Intent.
43.216.157 - Home visitation programs—Definitions.
43.216.165 - Early start account.
43.216.170 - Applicants for positions with the department—Investigation and background checks.
43.216.190 - Assistance with submission of Washington state identicard application materials.
43.216.195 - Child care centers—Negotiated rule making.
43.216.200 - Imagination library of Washington program.
43.216.205 - Youth and young adults exiting publicly funded system of care—Rapid response team.
43.216.250 - Secretary's licensing duties.
43.216.255 - Licensing standards.
43.216.260 - Minimum requirements for licensure.
43.216.265 - Fire protection—Powers and duties of chief of the Washington state patrol.
43.216.271 - Background check clearance registry—Background application form.
43.216.273 - Individual-based/portable background check clearance account.
43.216.285 - Articles of incorporation.
43.216.290 - Access to agencies—Records inspection.
43.216.295 - License required.
43.216.305 - License application—Nonexpiring licenses—Issuance, renewal, transfer, duration.
43.216.315 - Initial licenses.
43.216.320 - Probationary licenses.
43.216.335 - Civil fines—Notice—Adjudicative proceeding.
43.216.345 - Adjudicative proceedings—Training for administrative law judges.
43.216.350 - License or certificate suspension—Noncompliance with support order—Reissuance.
43.216.355 - Actions against agencies.
43.216.360 - Unlicensed providers—Notification to agency—Penalty—Posting on website.
43.216.365 - Operating without a license—Penalty.
43.216.370 - Negotiated rule making.
43.216.380 - Minimum licensing requirements—Window blind pull cords.
43.216.390 - Reporting resignation or termination of individual working in child care agency.
43.216.395 - Child care inspection reports—Internal review process—Definitions—Final review.
43.216.5052 - Definition of "Indian"—Rule making.
43.216.510 - Admission and funding.
43.216.512 - Expanded enrollment—Risk factors—Participation in other programs.
43.216.513 - Early entry—Participation in other programs.
43.216.514 - Enrollment priority.
43.216.520 - Advisory committee.
43.216.530 - Review of applications.
43.216.540 - State support—Priorities—Program funding levels.
43.216.545 - Reimbursement of advisory committee expenses.
43.216.550 - Authority to solicit gifts, grants, and support.
43.216.556 - Early learning program—Funding and statewide implementation.
43.216.559 - Early learning program—Short title—2010 c 231.
43.216.565 - Findings—Intent—Early start program.
43.216.567 - Early therapeutic and preventative services and programs.
43.216.570 - Early intervention services—Findings.
43.216.576 - Early intervention services—Interagency agreements.
43.216.577 - Prenatal to three family engagement strategy.
43.216.578 - Birth to three early childhood education and assistance program—Pilot project—Reports.
43.216.579 - Infant child care incentives.
43.216.580 - Early intervention services—Funding.
43.216.587 - Complex needs funds.
43.216.590 - Trauma-informed care supports.
43.216.592 - Dual language designation—Rate enhancement.
43.216.595 - Early childhood equity grants.
43.216.597 - Play and learn groups—Resources and supports.
43.216.600 - Professional development supports.
43.216.602 - Child care deserts grant program.
43.216.650 - Child fatality reviews.
43.216.655 - Data collection and program evaluation—Reports.
43.216.660 - Child care services—Declaration of policy.
43.216.665 - Child care workers—Findings—Intent.
43.216.670 - Child care provider rules review.
43.216.675 - Child care workers—Career and wage ladder.
43.216.680 - Child care workers—Career and wage ladder—Wage increases.
43.216.685 - Child care—Toll-free information number.
43.216.687 - Child care—Required postings—Disclosure of complaints.
43.216.689 - Child care—Public access to reports and enforcement action notices.
43.216.690 - Child day care centers and outdoor nature-based child care providers—Immunization.
43.216.692 - Family home providers—Capacity flexibility.
43.216.695 - County regulation of family day-care centers—Twelve-month pilot projects.
43.216.700 - Day care insurance.
43.216.705 - Child care providers—Tiered-reimbursement system—Pilot sites.
43.216.710 - Child care services.
43.216.715 - Child care partnership employer liaison.
43.216.720 - Child care expansion grant fund.
43.216.725 - Subsidized child care report and assessment.
43.216.730 - Child care subsidy fraud—Referral—Collection of overpayments.
43.216.735 - Placement of children ages sixty months through six years.
43.216.742 - Outdoor nature-based child care program.
43.216.745 - Child care consultation program—Creation, operation, and duties.
43.216.749 - Child care subsidy rates—Use of cost model.
43.216.755 - Child care providers—Community-based training pathway.
43.216.760 - Child care and early learning providers—Firearms, dangerous weapons.
43.216.762 - Child care and early learning providers—Firearms, dangerous weapons—Rules.
43.216.770 - Fair start for kids account.
43.216.772 - Fair start for kids account—Spending goals and strategies.
43.216.775 - Inflationary adjustments to rates.
43.216.900 - Early childhood education and assistance program—Short title—1985 c 418.
43.216.901 - Contingency—Effective date—1985 c 418.
43.216.902 - Effective date—2006 c 265.
43.216.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
43.216.904 - Short title—2015 3rd sp.s. c 7.
43.216.905 - Transfer of powers, duties, and functions of the department of early learning.
43.216.906 - Transfer of child welfare provisions from the department of social and health services.
43.216.908 - Conflict with federal requirements—2017 3rd sp.s. c 6.