Current through Register Vol. 24-18, September 15, 2024
The state fire marshal may deny, suspend, or revoke a
license:
(1) Upon receiving evidence that
any appointee has failed to comply or no longer complies with any requirement or
provision of law or this chapter. The following process must be used:
(a)The state fire marshal must give the
licensee notice of the action and an opportunity to be heard as prescribed in
chapter
34.05 RCW, before denial,
suspension, or revocation of the license.
(b)Upon receiving notice of the action, the
licensee may, within twenty days from the date of the notice of action, request
in writing to the state fire marshal a hearing on the denial, suspension, or
revocation of the letter of appointment. An adjudicative proceeding will be
commenced within ninety days of the receipt of a hearing request. Failure to
request a hearing, or failure to appear at a requested hearing, a prehearing
conference, or any other stage of an adjudicative proceeding, will constitute
default and may result in the entry of a final order under
RCW
34.05.440.
(c)Upon receiving a hearing request, the state
fire marshal's office may, at the request of the licensee, or on its own
initiative, schedule an informal settlement conference which will be without
prejudice to the rights of the parties. The informal settlement conference will
be held in a mutually agreed upon location at a mutually agreed upon time and may
result in a settlement agreement. If no agreement is reached, a hearing will be
scheduled as provided in
chapter
34.05 RCW.
(2) Without prior notification if
the state fire marshal finds that there is danger to the public health, safety,
or welfare which requires immediate action. In every summary suspension of a
license, an order signed by the state fire marshal or designee must be entered,
in compliance with the provisions of
RCW
34.05.479. Administrative proceedings
consistent with
chapter
34.05 RCW for revocation or
other action shall be promptly instituted and determined. The state fire marshal
must give notice as is practicable to the licensee.
(3)Immediately if the licensee's insurance bond
is canceled.
(4)If the licensee
voluntarily relinquishes the letter, the state fire marshal will be advised in
writing of this voluntary relinquishment. After receiving notice, the state fire
marshal will attempt to obtain the licensee's license. If the licensee requests
reissuance of the license, the state fire marshal may require a new
application.
(5)If the licensee's
violations are subject to suspension for the first violation are categorized as
major violations any subsequent or continuing major violation may be cause for
termination unless the state fire marshal imposes additional suspensions for
longer periods, if deemed appropriate.
(a)When
considering punitive action for a major violation, the state fire marshal may
take into consideration all major and minor violations that occurred within
thirty-six months before the date of the current violation.
(b) Terms of disciplinary action - Minor
violations of this chapter may be cause for disciplinary action in the following
manner:
(i) First violation within a
twelve-month period - Letter of written reprimand;
(ii) Second violation within a twelve-month
period -Thirty-day suspension;
(iii)
Third violation within a twelve-month period -Sixty-day suspension;
(iv) Fourth violation within a twelve-month
period -Revocation of the license.
(c)The state fire marshal may increase or
decrease the suspension period based on finding aggravating or mitigating factors
as provided in WAC
212-17-465.
