RCW 43.216.327
Licenses—Denial, revocation, suspension, or modification—Notice—Effective date of action—Adjudicative proceeding.
(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, 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, 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.
[ 2007 c 17 § 3. Formerly RCW 43.215.305.]
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.