RCW 43.70.115
Licenses—Denial, suspension, revocation, modification.
This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.
(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 department of social and health services that the licensee is a person who is not in compliance with a child support order or *an order from a 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 child support order under chapter 74.20A RCW or noncompliance with 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 § 843; 1991 c 3 § 377.]
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.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.70 - Department of Health.
43.70.020 - Department created.
43.70.030 - Secretary of health.
43.70.040 - Secretary's powers—Rule-making authority—Report to the legislature.
43.70.041 - Five-year formal review process of existing rules.
43.70.045 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.047 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.050 - Collection, use, and accessibility of health-related data.
43.70.053 - Hospital consolidated annual income—Reporting.
43.70.054 - Health care data standards—Submittal of standards to legislature.
43.70.060 - Duties of department—Promotion of health care cost-effectiveness.
43.70.068 - Quality assurance—Interagency cooperation.
43.70.070 - Duties of department—Analysis of health services.
43.70.075 - Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.
43.70.080 - Transfer of powers and duties from the department of social and health services.
43.70.090 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
43.70.097 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.
43.70.110 - License fees—Costs—Other charges—Waiver.
43.70.115 - Licenses—Denial, suspension, revocation, modification.
43.70.120 - Federal programs—Rules—Statutes to be construed to meet federal law.
43.70.125 - Health care facility certification—Unfunded federal mandates—Applicant fees.
43.70.130 - Powers and duties of secretary—General.
43.70.140 - Annual conference of health officers.
43.70.150 - Registration of vital statistics.
43.70.190 - Violations—Injunctions and legal proceedings authorized.
43.70.195 - Public water systems—Receivership actions brought by secretary—Plan for disposition.
43.70.210 - Right of person to rely on prayer to alleviate ailments not abridged.
43.70.220 - Transfer of powers and duties from the department of licensing.
43.70.230 - Office of health consumer assistance created—Duties.
43.70.240 - Written operating agreements.
43.70.250 - License fees for professions, occupations, and businesses.
43.70.270 - License moratorium for persons in the service—Rules.
43.70.290 - Funeral directors and embalmers subject to chapter 18.130 RCW.
43.70.310 - Cooperation with department of ecology.
43.70.323 - Hospital infection control grant account.
43.70.327 - Public health supplemental account—Annual statement.
43.70.334 - Temporary worker housing—Definition.
43.70.337 - Temporary worker housing building permit—Plans and specifications—Fees—Rules.
43.70.400 - Head injury prevention—Legislative finding.
43.70.410 - Head injury prevention—Program, generally.
43.70.420 - Head injury prevention—Information preparation.
43.70.435 - Diagnosed concussions of students—Report.
43.70.440 - Head injury prevention act—Short title—1990 c 270.
43.70.444 - Washington plan for suicide prevention—Steering committee—Report.
43.70.446 - Suicide-safer homes project—Suicide-safer homes project account.
43.70.470 - Retired health care provider liability malpractice insurance—Conditions.
43.70.480 - Emergency medical personnel—Futile treatment and natural death directives—Guidelines.
43.70.495 - Telemedicine training for health care professionals.
43.70.500 - Health care services practice indicators and risk management protocols.
43.70.510 - Health care services coordinated quality improvement program—Rules.
43.70.512 - Public health system—Foundational public health services—Intent.
43.70.515 - Foundational public health services—Funding.
43.70.525 - Immunization assessment and enhancement proposals by local jurisdictions.
43.70.526 - Childhood immunizations—Resources for expecting parents.
43.70.533 - Chronic conditions—Training and technical assistance for primary care providers.
43.70.540 - Data collection—Legislative finding and intent.
43.70.545 - Data collection and reporting rules.
43.70.550 - Public health services improvement plan—Contents.
43.70.555 - Assessment standards.
43.70.560 - Media violence—Reporting reduction efforts.
43.70.590 - American Indian health care delivery plan.
43.70.595 - Health equity zones.
43.70.600 - Survey regarding exposure to radio frequencies—Results.
43.70.605 - Personal wireless services—Random testing on power density analysis—Rules.
43.70.610 - Domestic violence education program—Established—Findings.
43.70.613 - Health care professionals—Health equity continuing education.
43.70.617 - Prenatal nutrition best practices—Educational resources for pregnant women.
43.70.619 - Pregnancy complications—Informational resources.
43.70.620 - List of contacts—Health care professions.
43.70.630 - Cost-reimbursement agreements.
43.70.640 - Workplace breastfeeding policies—Infant-friendly designation.
43.70.645 - Donor human milk—Milk bank safety standards.
43.70.650 - School sealant endorsement program—Rules—Fee—Report to the legislature.
43.70.660 - Product safety education.
43.70.665 - Early detection breast and cervical cancer screening program—Medical advisory committee.
43.70.670 - Human immunodeficiency virus insurance program.
43.70.675 - Public health advisory board.
43.70.680 - Volunteers for emergency or disaster assistance.
43.70.690 - State asthma plan.
43.70.705 - Fall prevention program.
43.70.715 - COVID-19 public health response account.
43.70.720 - Universal vaccine purchase account.
43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.
43.70.738 - Down syndrome resources—Development.
43.70.740 - Adjudicative proceedings.
43.70.765 - Opioid drugs—Warning—Patient education materials.
43.70.770 - State opioid response plan.
43.70.780 - Fruit and vegetable incentives program.
43.70.790 - Health care facility inspection and investigation availability.
43.70.800 - Oversight, consolidation, and standardization—Review.
43.70.810 - Provision of medical information—Dissemination of requirements and authority.
43.70.815 - Environmental health disparities map.
43.70.820 - Environmental justice obligations of the department of health.
43.70.825 - School-based health center program office.
43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.
43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.
43.70.850 - Suicide-safer homes task force.
43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.
43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.