Current through Register Vol. 24-18, September 15, 2024
(1)
The department shall:
(a) Conduct an on-site
survey prior to issuing an initial transient accommodation license or
reinstating an invalid license;
(b)
Conduct announced or unannounced on-site surveys during routine business hours
and conduct complaint investigations at any time of its choosing to determine
compliance with chapter 70.62 RCW and this chapter;
(c) Issue or renew a license when the
applicant or licensee and the transient accommodation meet the requirements in
chapter 70.62 RCW and this chapter;
(d) Allow self-inspections to encourage
compliance with chapter 70.62 RCW and this chapter;
(e) Comply with
RCW
43.70.115, chapter 34.05 RCW, and chapter
246-10 WAC when denying, suspending, modifying, or revoking a transient
accommodation license; and
(f)
Comply with
RCW
43.70.095 when assessing civil
fines.
(2) The
department may deny, suspend, or revoke a transient accommodation license if
the department finds the applicant, licensee, its agents, officers, directors,
or any person with any interest therein:
(a)
Knowingly or with reason to know, makes a misrepresentation of, false statement
of, or fails to disclose, a material fact to the department:
(i) In an application for licensure or
renewal of licensure;
(ii) In any
matter under department investigation, including in any plan of correction or
other document required to be provided to the department;
(iii) During an on-site survey; or
(iv) In a self-inspection;
(b) Obtains or attempts to obtain
a license by fraudulent means or misrepresentation;
(c) Fails or refuses to comply with the
requirements of chapter 70.62 RCW or this chapter;
(d) Knowingly, or with reason to know,
compromises the health or safety of a guest;
(e) Fails to pay a fine within thirty days
after the assessment becomes final or as agreed to by the department and the
licensee; or
(f) Operates with a
suspended or revoked license.
(3) In addition to any other rights allowed
under applicable law, the department may address violations by an applicant or
a licensee of chapter 70.62 RCW or this chapter by:
(a) A plan of correction may be offered if
the department determines that identified deficiencies are not major, broadly
systemic, or of a recurring nature. Under this chapter, a "plan of correction"
is a proposal devised by the applicant or licensee that includes specific
corrective actions that must be taken to correct identified deficiencies and a
time frame in which to complete them. The plan of correction must be approved.
Implementation is required within the approved time frame, and is subject to
verification by the department;
(b)
A directed plan of correction may be offered if the department determines that
identified deficiencies are broadly systemic, recurring, or of a significant
threat to public health and safety. Under this chapter, a "directed plan of
correction" is a plan of correction based on a statement of deficiencies, and
includes specific corrective actions that must be taken and a time frame in
which to complete them. Under this chapter, a "statement of deficiencies" is a
survey or investigation report completed by the department identifying one or
more deficiencies. The final content of the directed plan of correction will be
reached during meetings between the department and the licensee, following an
initial statement of general requirements by the department. Timelines will be
reduced to the minimum necessary, even prior to formalization of the directed
plan of correction, to redress problems; and/or
(c) Initiating administrative action, under
chapter 34.05 RCW,
RCW
43.70.115 and chapter 246-10 WAC, either as
the department's primary alternative, or in the event the department requires
corrective action under (a) or (b) of this subsection, and the applicant or
licensee fails to correct identified deficiencies to the department's
satisfaction within the approved time frame.
(4) In lieu of or in addition to license
suspension or revocation, the department may assess a civil fine in accordance
with RCW
43.70.095.
(5) The department may summarily suspend a
license if the department determines a deficiency is an imminent threat to
public health, safety or welfare.
Statutory Authority: Chapter 70.62 RCW. 04-24-002, §
246-360-035, filed 11/18/04, effective
4/1/05.