Current through Register Vol. 24-18, September 15, 2024
(1)
The director may refuse to issue or renew or may suspend or revoke the
privilege of a certificate holder to engage in the fire protection sprinkler
system business. The director may establish penalties against a person or
company who violates any provision of chapter 18.270 RCW or any provision of
this chapter while he or she is engaged in the trade of sprinkler
fitting.
(2) The licensed
contractor or certificate holder will be notified in writing of the
action.
(3) The director may deny,
suspend, or revoke a certificate under the following process:
(a) The director must give the licensed
contractor or certificate holder notice of the action and an opportunity to be
heard as prescribed in chapter 34.05 RCW before the denial, suspension, or
revocation of the certificate.
(b)
Upon receiving notice of the denial, suspension, or revocation action, the
licensed contractor or certificate holder may, within 30 days from the date of
the notice of action, request in writing to the director a hearing on the
denial, suspension, or revocation of the certificate. An adjudicative
proceeding will be commenced within 90 days of the receipt of a hearing
request. Failure to request a hearing, or failure to appear at a requested
hearing, a pre-hearing 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 director may, at the request of the licensed
contractor or certificate holder, or on his or her 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 Thurston County
at a mutually agreed upon time and may result in a settlement agreement. If no
agreement is reached, a hearing will be scheduled as outlined in chapter 34.05
RCW.
(d) The director may, without
prior notification to the licensed contractor or certificate holder, deny,
suspend, or revoke a certificate if the director finds that there is a danger
to the public health, safety, or welfare that requires immediate action. In
every summary suspension of a certificate, an order signed by the director 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 instated and determined. The director must give
notice as is practicable to the licensed contractor or certificate
holder.
(4) The
following penalties are associated with performing fire protection sprinkler
system fitter work while a certificate is denied, suspended, or revoked:
(a) Any person engaged in the trade of
sprinkler fitting while his or her certificate is denied, suspended, or
revoked, will be issued a Level 3 violation.
(b) Any licensed or unlicensed fire
protection sprinkler system contractor that allows an employee or trainee to
engage in the trade of sprinkler fitting while his or her license or
certificate has been denied, suspended, or revoked, will be issued a Level 3
violation.