RCW 70.128.167
Disputed violations, enforcement remedies—Informal dispute resolution process.
(1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department.
(2) The informal dispute resolution process provided by the department shall include, but is not necessarily limited to, an opportunity for review by a department employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department shall develop, or further develop, an informal dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be made to the department within ten working days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten working days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.
(4) If the department determines that a violation or enforcement remedy should not be cited or imposed, the department shall delete the violation or immediately rescind or modify the enforcement remedy. Upon request, the department shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter. The licensee shall submit to the department, within the time period prescribed by the department, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.
[ 2001 c 193 § 8.]
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.128 - Adult Family Homes.
70.128.040 - Adoption of rules and standards—Negotiated rule making—Specialty license.
70.128.043 - Negotiated rule making—Statewide unit of licensees—Intent.
70.128.050 - License—Required as of July 1, 1990—Limitations.
70.128.055 - Operating without a license—Misdemeanor.
70.128.057 - Operating without a license—Injunction or civil penalty.
70.128.058 - Operating without a license—Application of consumer protection act.
70.128.060 - License—Generally—Fees.
70.128.064 - Priority processing for license applications—Provisional license.
70.128.065 - Multiple facility operators—Requirements—Licensure of additional homes.
70.128.066 - Seven or eight bed adult family homes—Requirements—Licensure.
70.128.070 - License—Inspections—Correction of violations.
70.128.080 - License and inspection report—Availability for review.
70.128.090 - Inspections—Generally.
70.128.100 - Immediate suspension of license when conditions warrant.
70.128.105 - Injunction if conditions warrant.
70.128.120 - Adult family home provider, applicant, resident manager—Minimum qualifications.
70.128.122 - Adult family homes licensed by Indian tribes.
70.128.130 - Adult family homes—Requirements.
70.128.135 - Compliance with chapter 70.24 RCW.
70.128.140 - Compliance with local codes and state and local fire safety regulations.
70.128.155 - Resident contact information—Department requirements and duties.
70.128.167 - Disputed violations, enforcement remedies—Informal dispute resolution process.
70.128.170 - Homes relying on prayer for healing—Application of chapter.
70.128.200 - Toll-free telephone number for complaints—Discrimination or retaliation prohibited.
70.128.210 - Training standards review—Delivery system—Issues reviewed—Report to the legislature.
70.128.220 - Elder care—Professionalization of providers.
70.128.230 - Long-term caregiver training.
70.128.240 - Approval system—Department-approved training—Adoption of rules.
70.128.250 - Required training and continuing education—Food safety training and testing.
70.128.260 - Limitation on restrictive covenants.
70.128.290 - Correction of a violation or deficiency—Not included in a home's report—Criteria.
70.128.305 - Adult family home training network—Requirements.
70.128.306 - Stop placement orders and limited stop placement orders.
70.128.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.