18.130.230 - Production of documents -- Administrative fines.

Production of documents — Administrative fines.

(1)(a) A licensee must produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by a disciplining authority. If the twenty-one calendar day limit results in a hardship upon the licensee, he or she may request, for good cause, an extension not to exceed thirty additional calendar days.

     (b) In the event the licensee fails to produce the documents, records, or other items as requested by the disciplining authority or fails to obtain an extension of the time for response, the disciplining authority may issue a written citation and assess a fine of up to one hundred dollars per day for each day after the issuance of the citation until the documents, records, or other items are produced.

     (c) In no event may the administrative fine assessed by the disciplining authority exceed five thousand dollars for each investigation made with respect to the violation.

     (2) Citations issued under this section must include the following:

     (a) A statement that the citation represents a determination that the person named has failed to produce documents, records, or other items as required by this section and that the determination is final unless contested as provided in this section;

     (b) A statement of the specific circumstances;

     (c) A statement of the monetary fine, which is up to one hundred dollars per day for each day after the issuance of the citation;

     (d) A statement informing the licensee that if the licensee desires a hearing to contest the finding of a violation, the hearing must be requested by written notice to the disciplining authority within twenty days of the date of issuance of the citation. The hearing is limited to the issue of whether the licensee timely produced the requested documents, records, or other items or had good cause for failure to do so; and

     (e) A statement that in the event a licensee fails to pay a fine within thirty days of the date of assessment, the full amount of the assessed fine must be added to the fee for renewal of the license unless the citation is being appealed.

     (3) RCW 18.130.165 governs proof and enforcement of the fine.

     (4) Administrative fines collected under this section must be deposited in the health professions account created in RCW 43.70.320.

     (5) Issuance of a citation under this section does not preclude the disciplining authority from pursuing other action under this chapter.

     (6) The disciplining authority shall establish and make available to licensees the maximum daily monetary fine that may be issued under subsection (2)(c) of this section. The disciplining authority shall review the maximum fine on a regular basis, but at a minimum, each biennium.

[2008 c 134 § 20.]

Notes: Finding -- Intent -- Severability -- 2008 c 134: See notes following RCW 18.130.020.