SB 6039 — Modernizing methods of communications by the department of labor and industries.

Sec.p.

13 SB 6039 Sec.

An authorized representative of the department may issue a notice of infraction if the person supervising the manufactured home installation work fails to produce evidence of having a certificate p.issued by the department in accordance with this chapter.

13 SSB 6039 issued by the department in accordance with this chapter.

(2) If the department of labor and industries investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.

14 SSBSB 6039 (3)(a)(2) If the department of labor and industries investigation finds athat violationthe ofcomplainant's RCWallegation 49.28.140,cannot be substantiated, the department shall orderissue thea employerclosure letter to paythe complainant and the departmentemployer adetailing civilsuch penalty.finding.

(3)(a) If the department of labor and industries finds a violation of RCW 49.28.140, the department shall order the employer to pay the department a civil penalty.

The citation and notice of assessment shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders allegedp. to have been violated.

15 SB 6039 alleged to have been violated.

In addition, the department p.shall ((mail)) send, using an electronic or nonelectronic method, a copy of the citation and penalty assessment to the central personnel office of the employer.

15 SSB 6039 shall ((mail)) send, using an electronic or nonelectronic method, a copy of the citation and penalty assessment to the central personnel office of the employer.

and (vi)p. No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.

(d)16 IfSB the6039 director,(vi) orNo theless director'sthan designee,$71,000 findsfor thatany anviolation employerresulting hasin committedthe adeath seriousof ora repeatedminor, violationwhich ofmay thebe requirementsdoubled ofwhere RCWthe 49.12.121violation oris 49.12.123,a orwillful anyviolation rule or ordera p.repeated violation.

16(d) SSBIf 6039the director, or the director's designee, finds that an employer has committed a serious or repeated violation of the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, the employer is subject to an additional civil penalty assessment of a maximum of $5,000 for each subsequent day the violation continues.

(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or p.

17 SSBSB 6039 (3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace.

(7)p. The department shall include in its annual report submitted under RCW 49.12.180 the following information:

18 SB 6039 (7) The department shall include in its annual report submitted under RCW 49.12.180 the following information:

and p.(c) The number and nature of workplace injuries involving minors reviewed by the department, including whether those injuries resulted in citations or permit revocations under this section.

18 SSB 6039 (c) The number and nature of workplace injuries involving minors reviewed by the department, including whether those injuries resulted in citations or permit revocations under this section.

(1) If after an inspection or investigation the director or the director's authorized representative issues a citation under the authority of RCW 49.17.120 or 49.17.130, the department, within a reasonable time after the termination of such inspection or investigation, shall notify the employer using ((a)) an electronic or nonelectronic method by which the ((mailing)) notice can be tracked orp. the delivery can be confirmed of the penalty to be assessed under the authority of RCW 49.17.180 and shall state that the employer has ((fifteen)) 15 working days within which to notify the director that the employer wishes to appeal the citation or assessment of penalty.

If,19 withinSB ((fifteen))6039 15or workingthe daysdelivery fromcan be confirmed of the communicationpenalty to be assessed under the authority of RCW 49.17.180 and shall state that the noticeemployer issuedhas by((fifteen)) 15 working days within which to notify the director that the employer failswishes to notifyappeal the p.citation or assessment of penalty.

19If, SSBwithin 6039((fifteen)) 15 working days from the communication of the notice issued by the director the employer fails to notify the director that the employer intends to appeal the citation or assessment penalty, and no notice is filed by any employee or representative of employees under subsection (4) of this section within such time, the citation and the assessment shall be deemed a final order of the department and not subject to review by any court or agency.

(3) If the director has reason to believe that an employer violated an order immediately restraining a condition, practice, method, process, or means in the workplace issued under RCW 49.17.130 or this section or a notice prohibiting the use of a machine or equipment to which a notice prohibiting such use has been attached, the director shall notify the employer using ((a)) an electronic or nonelectronic method by which the ((mailing)) notice can be tracked or the delivery can be confirmed of such violation of the order and of the penalty to be assessed under RCW 49.17.180 by reason of violation of the order and shall state that the employer has 15 working days from the communication of such notification and assessment of penalty to notify the director that the employer wishes top. appeal the director's notification of the assessment of penalty.

If,20 withinSB 156039 working days from the receipt of notification issued by the director(([,])), the employer fails to notify the director that the employer intends to appeal the director's notification of assessment of penalty, the notification and assessment of penaltypenalty. shall be deemed a p.

20If, SSBwithin 603915 working days from the receipt of notification issued by the director(([,])), the employer fails to notify the director that the employer intends to appeal the notification of assessment of penalty, the notification and assessment of penalty shall be deemed a final order of the department and not subject to review by any court or agency.

The director shall adopt rules of procedure for the reassumption of jurisdiction under this subsection affording employers, employees, and employee representatives notice of the reassumption of jurisdiction by the director, and an opportunity to objectp. or support the reassumption of jurisdiction, either in writing or orally at an informal conference to be held prior to the expiration of the redetermination period.

Except21 asSB otherwise6039 providedobject underor subsectionsupport (5)the reassumption of thisjurisdiction, section,either ain noticewriting ofor appealorally filedat underan thisinformal sectionconference shallto staybe held prior to the effectivenessexpiration of anythe citationredetermination p.period.

21Except SSBas 6039otherwise provided under subsection (5) of this section, a notice of appeal filed under this section shall stay the effectiveness of any citation or notice of the assessment of a penalty pending review by the board of industrial insurance appeals, but such appeal shall not stay the effectiveness of any order of immediate restraint issued by the director under the authority of RCW 49.17.130.

The decision on stay of abatement will be final unless the employer renewsp. the request for a stay of abatement in any direct appeal of the redetermination to the board of industrial insurance appeals under subsection (4) of this section;

(c)22 TheSB board6039 renews the request for a stay of industrialabatement insurancein appealsany shalldirect adoptappeal rulesof necessarythe forredetermination conductingto anthe expeditedboard reviewof onindustrial anyinsurance stayappeals under subsection (4) of abatementthis p.section;

22(c) SSBThe 6039board of industrial insurance appeals shall adopt rules necessary for conducting an expedited review on any stay of abatement requests identified in the employer's notice of appeal, and shall issue a final decision within ((forty-five)) 45 working days of the board's notice of filing of appeal.

(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter.

23 SSBSB 6039 Prohibited(1) discriminationNo includesperson anshall actiondischarge thator wouldin deterany amanner reasonablediscriminate against any employee frombecause exercisingsuch theiremployee rightshas filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter.

Prohibited discrimination includes an action that would deter a reasonable employee from exercising their rights under this chapter.

(c) A civil penalty not to exceed the maximum penalty for a serious violation under this chapter may be assessed for the first occurrence.p.

24 SB 6039 occurrence.

(5) If the director finds there is insufficient evidence to determine that the provisions of this section have been violated, the p.director will issue a letter of closure and the employee may institute the action on his or her own behalf within 30 days of such determination.

24 SSB 6039 director will issue a letter of closure and the employee may institute the action on his or her own behalf within 30 days of such determination.

The redetermination shall become final subject to direct appeal by an employer or complainant to the board of industrial insurance appeals within 15 working days of such redetermination with service of notice of appeal upon the director.p.

25 SB 6039 director.

The board of industrial insurance appeals shall p.afford an opportunity for a hearing in the case of each such appellant and the department shall be represented in such hearing by the attorney general and the board shall in addition provide the complainant an opportunity to participate as a party to hearings of employer appeals under this subsection and provide the employer an opportunity to participate as a party to hearings of complainant appeals under this subsection.

25 SSB 6039 afford an opportunity for a hearing in the case of each such appellant and the department shall be represented in such hearing by the attorney general and the board shall in addition provide the complainant an opportunity to participate as a party to hearings of employer appeals under this subsection and provide the employer an opportunity to participate as a party to hearings of complainant appeals under this subsection.

Training courses shall be providedp. or approved by the department;

26 SB 6039 provided or approved by the department;

and shall meet such additional qualifications as may be established by the department by p.rule for the type of certification sought.

26 SSB 6039 rule for the type of certification sought.

Before any certificate may be denied, suspended, or revoked, the holder thereof shall be given ((written)) notice of the department's intention to do so, ((mailed)) using ((a)) an electronic or nonelectronicp. method by which the ((mailing)) notice can be tracked or the delivery can be confirmed to the holder's last known address.

27 SB 6039 nonelectronic method by which the ((mailing)) notice can be tracked or the delivery can be confirmed to the holder's last known address.

The notice shall enumerate the allegations against such holder, and shall give him or p.her the opportunity to request a hearing before the department.

27 SSB 6039 her the opportunity to request a hearing before the department.

RCW 49.46.320 and 2022 c 281 s 3 are each amended to read as follows:

p.

28 SB 6039 (1)(a) If a driver files a complaint with the department alleging that a transportation network company failed to provide any compensation amounts due to the driver under RCW 49.46.300, the department shall investigate the complaint under this section.

Unless otherwise resolved, the department shall issue either a citation and notice of assessment or a determination of compliance no later than 60 days after the date on which the department received the compensation-related complaint.

The department may extend the time period by providing advance ((written)) notice to the driver and the transportation network company setting forth good cause for an extension of the time period and specifying the duration of the extension.

(b) The department may not investigate any alleged compensation- related violation that occurred more than three years before the date that the driver filed the compensation-related complaint.

(c) The department shall send the citation and notice of assessment or the determination of compliance to both the transportation network company and the driver ((by service of process or)) using ((a)) an electronic or nonelectronic method by which the ((mailing)) notice can be tracked or the delivery can be confirmed to their last known addresses.

A transportation network company may designate ((a mailing address of record for service, and additionally may provide an email address to which the department shall direct electronic courtesy copies of mailed correspondence, if such email address is provided)) an electronic or physical address of record for service.

Before using an electronic method for the first time under this subsection, the department must provide the transportation network company and the driver the option to receive communication through a nonelectronic method.

(2) If the department determines that a transportation network company has violated a compensation requirement in RCW 49.46.300 and issues to the transportation network company a citation and notice of assessment, the department may order the transportation network company to pay drivers all compensation owed, including interest of one percent per month on all compensation owed, to the driver.

The compensation and interest owed must be calculated from the first date compensation was owed to the driver, except that the department may not order the transportation network company to pay any compensation and interest that were owed more than three years before the date the complaint was filed with the department.

p.

29 SB 6039 (3) If the department determines that the compensation-related violation was a willful violation, and the transportation network company fails to take corrective action, the department also may order the transportation network company to pay the department a civil penalty as specified in (a) of this subsection.

(a) A civil penalty for a willful violation shall be not less than $1,000 or an amount equal to 10 percent of the total amount of unpaid compensation per claimant, whichever is greater.

The maximum civil penalty for a willful violation of requirements in RCW 49.46.300 shall be $20,000 per claimant.

(b) The department may not assess a civil penalty if the transportation network company reasonably relied on:

(i) A rule related to any requirements in this section;

(ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director;

or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser.

In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a transportation network company is immune from civil penalties under this subsection (3)(b).

(c) The department shall waive any civil penalty assessed against a transportation network company under this section if the transportation network company is not a repeat willful violator, and the director determines that the transportation network company has provided payment to the driver of all compensation that the department determined that the transportation network company owed to the driver, including interest, within 30 days of the transportation network company's receipt of the citation and notice of assessment from the department.

(d) The department may waive or reduce at any time a civil penalty assessed under this section if the director determines that the transportation network company paid all compensation and interest owed to a driver.

(e) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

(4) Upon payment by a transportation network company, and acceptance by a driver, of all compensation and interest assessed by p.

30 SB 6039 the department in a citation and notice of assessment issued to the transportation network company, the fact of such payment by the transportation network company, and of such acceptance by the driver, shall:

(a) Constitute a full and complete satisfaction by the transportation network company of all specific requirements of RCW 49.46.300 addressed in the citation and notice of assessment;

and (b) bar the driver from initiating or pursuing any court action or other judicial or administrative proceeding, including arbitration, based on the specific requirements addressed in the citation and notice of assessment.

The citation and notice of assessment shall include a notification and summary of the specific requirements of RCW 49.46.300.

(5) The applicable statute of limitations for civil actions is tolled during the department's investigation of a driver's complaint against a transportation network company.

For the purposes of this subsection, the department's investigation begins on the date the driver files the complaint with the department and ends when:

(a) The complaint is finally determined through a final and binding citation and notice of assessment or determination of compliance;

or (b) the department notifies the transportation network company and the driver in writing that the complaint has been otherwise resolved or that the driver has elected to terminate the department's administrative action under subsection (12) of this section.

(6) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance issued by the department under this section or the assessment of a civil penalty due to a determination of status as a repeat willful violator may appeal the citation and notice of assessment, the determination of compliance, or the assessment of a civil penalty to the director by filing a notice of appeal with the director within 30 days of the department's ((service)) notice, as provided in subsection (1) of this section, on the aggrieved party of the citation and notice of assessment, the determination of compliance, or the assessment of a civil penalty.

A citation and notice of assessment, a determination of compliance, or an assessment of a civil penalty not appealed within 30 days is final and binding, and not subject to further appeal.

(7) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment, the determination of compliance, or the assessment of a p.

31 SB 6039 civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

(8) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order.

The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment, an appealed determination of compliance, or an appealed assessment of a civil penalty shall be de novo.

Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order.

The director shall conduct administrative review in accordance with chapter 34.05 RCW.

(9) The director shall issue all final orders after appeal of the initial order.

The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.

(10) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(11) Absent good cause, a transportation network company that fails to allow adequate inspection of records in an investigation by the department under this chapter within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of wages owed or penalties assessed.

(12) A driver who has filed a complaint under this section with the department may elect to terminate the department's administrative action, thereby preserving any private right of action, if any exists, by providing written notice to the department within 10 business days after the driver's receipt of the department's citation and notice of assessment.

(13) If the driver elects to terminate the department's administrative action:

(a) The department shall immediately discontinue its action against the transportation network company;

(b) the department shall vacate a citation and notice of assessment already issued by the department to the transportation network company;

and (c) the citation and notice of assessment, and any related findings of fact or conclusions of law by the department, and any payment or offer of payment by the transportation network company p.

32 SB 6039 of the compensation, including interest, assessed by the department in the citation and notice of assessment, shall not be admissible in any court action or other judicial or administrative proceeding.

(14) Nothing in this section shall be construed to limit or affect:

(a) The right of any driver to pursue any judicial, administrative, or other action available with respect to a transportation network company;

(b) the right of the department to pursue any judicial, administrative, or other action available with respect to a driver that is identified as a result of a complaint for a violation of RCW 49.46.300;

or (c) the right of the department to pursue any judicial, administrative, or other action available with respect to a transportation network company in the absence of a complaint for a violation of RCW 49.46.300.

For purposes of this subsection, "driver" means a driver other than a driver who has filed a complaint with the department and who thereafter has elected to terminate the department's administrative action as provided in subsection (1) of this section.

(15) After a final order is issued under this section, and ((served)) sent as provided in subsection (1) of this section, if a transportation network company defaults in the payment of:

(a) Any compensation determined by the department to be owed to a driver, including interest;

or (b) any civil penalty ordered by the department under this section, the director may file with the clerk of any county within the state a warrant in the amount of the payment plus any filing fees.

The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the transportation network company mentioned in the warrant, the amount of payment due plus any filing fees, and the date when the warrant was filed.

The aggregate amount of the warrant as docketed becomes a lien upon the title to, and interest in, all real and personal property of the transportation network company against whom the warrant is issued, the same as a judgment in a civil case docketed with the superior court clerk.

The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction.

The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner p.

33 SB 6039 provided by law in case of judgment, wholly or partially unsatisfied.

The clerk of the court is entitled to a filing fee which will be added to the amount of the warrant.

A copy of the warrant shall be served on the transportation network company, as provided in subsection (1) of this section, within three days of filing with the clerk.

(16)(a) The director may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind when he or she has reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to a transportation network company upon whom a notice of assessment has been served by the department for payments or civil penalties due to the department.

The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time.

The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released.

(b) The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff's deputy, by certified mail, return receipt requested, or by the director.

A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within 20 days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order.

Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director.

The director shall hold the property in trust for application on the transportation network company's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review.

In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to p.

34 SB 6039 the director conditioned upon final determination of liability.

If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs.

If a notice is served upon a transportation network company and the property subject to it is compensation, the transportation network company may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the compensation earner is entitled.

(c) As an alternative to the methods of service described in this section, the department may electronically serve a financial institution with a notice and order to withhold and deliver by providing a list of its outstanding warrants, except those for which a payment agreement is in good standing, to the department of revenue.

The department of revenue may include the warrants provided by the department in a notice and order to withhold and deliver served under RCW 82.32.235(3).

A financial institution that is served with a notice and order to withhold and deliver under this subsection (16)(c) must answer the notice within the time period applicable to service under RCW 82.32.235(3).

The department and the department of revenue may adopt rules to implement this subsection (16)(c).

(17)(a) In addition to the procedure for collection of compensation owed, including interest, and civil penalties as set forth in this section, the department may recover compensation owed, including interest, and civil penalties assessed under RCW 49.48.083 in a civil action brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred.

(b) The department may use the procedures under this section to foreclose compensation liens established under chapter 60.90 RCW.

When the department is foreclosing on a compensation lien, the date the compensation lien was originally filed shall be the date by which priority is determined, regardless of the date the warrant is filed under this section.

(18) Whenever any transportation network company quits business, sells out, exchanges, or otherwise disposes of the transportation network company's business or stock of goods, any person who becomes a successor to the business becomes liable for the full amount of any outstanding citation and notice of assessment or penalty against the transportation network company's business under this chapter if, at the time of the conveyance of the business, the successor has:

(a) p.

35 SB 6039 Actual knowledge of the fact and amount of the outstanding citation and notice of assessment;

or (b) a prompt, reasonable, and effective means of accessing and verifying the fact and amount of the outstanding citation and notice of assessment from the department.

If the citation and notice of assessment or penalty is not paid in full by the transportation network company within 10 days of the date of the sale, exchange, or disposal, the successor is liable for the payment of the full amount of the citation and notice of assessment or penalty, and payment thereof by the successor must, to the extent thereof, be deemed a payment upon the purchase price.

If the payment is greater in amount than the purchase price, the amount of the difference becomes a debt due the successor from the transportation network company.

(19) This section does not affect other collection remedies that are otherwise provided by law.

Sec.

21.

RCW 49.46.330 and 2022 c 281 s 4 are each amended to read as follows:

(1) If a driver files a complaint with the department alleging a violation of any noncompensation requirement of RCW 49.46.300 (7) through (10) and (12) through (14), the department shall investigate the complaint under this section.

(a) The department may not investigate any such alleged violation that occurred more than three years before the date that the driver filed the complaint or prior to this law going into effect.

(b) If a driver files a timely complaint with the department, the department will investigate the complaint and issue either a citation assessing a civil penalty or a closure letter within 60 days after the date on which the department received the complaint, unless the complaint is otherwise resolved.

The department may extend the period by providing advance ((written)) notice to the driver and the transportation network company setting forth good cause for an extension of the period, and specifying the duration of the extension.

(c) The department shall send notice of either a citation and notice of assessment or a citation assessing a civil penalty or the closure letter to both the transportation network company and the driver ((by service of process or by United States mail)) using ((a)) an electronic or nonelectronic method by which delivery of such ((written)) notice to the transportation network company can be p.

36 SB 6039 tracked and confirmed.

A transportation network company may designate ((a mailing address of record for service, and additionally may provide an email address to which the department shall direct electronic courtesy copies of mailed correspondence, if such email address is provided)) an electronic or physical address of record for service.

Before using an electronic method for the first time under this subsection, the department must provide the transportation network company and the driver the option to receive communication through a nonelectronic method.

(2) If the department's investigation finds that the driver's allegation cannot be substantiated, the department shall issue a closure letter to the driver and the transportation network company detailing such finding.

(3) If the department determines that the violation was a willful violation, and the transportation network company fails to take corrective action, the department may order the transportation network company to pay the department a civil penalty as specified in (a) of this subsection.

(a) A citation assessing a civil penalty for a willful violation will be $1,000 for each willful violation.

For a repeat willful violator, the citation assessing a civil penalty will not be less than $2,000 for each repeat willful violation per claimant, but no greater than $20,000 for each repeat willful violation per claimant.

(b) The department may not issue a citation assessing a civil penalty if the transportation network company reasonably relied on:

(i) A written order, ruling, approval, opinion, advice, determination, or interpretation of the director;

or (ii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser.

In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a transportation network company is immune from civil penalties under this subsection (3)(b).

(c) The department may, at any time, waive or reduce a civil penalty assessed under this section if the director determines that the transportation network company has taken corrective action to resolve the violation.

p.

37 SB 6039 (d) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

(e) If the department determines that a transportation network company has violated RCW 49.46.300(12), and issues to the transportation network company a citation and notice of assessment, the department may order the transportation network company to pay all owed remittance payments as required under RCW 49.46.300(12).

The department shall deposit all owed remittance payments in the driver resource center fund.

(4) For purposes of this section, the following definitions apply:

(a) "Repeat willful violator" means any transportation network company that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.

(b) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.

(5) A person, firm, or corporation aggrieved by a citation assessing a civil penalty issued by the department under this section may appeal the citation assessing a civil penalty to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the citation assessing a civil penalty.

A citation assessing a civil penalty not appealed within 30 days is final and binding, and not subject to further appeal.

(6) A notice of appeal filed with the director under this section stays the effectiveness of the citation assessing a civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

(7) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order.

The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation assessing a civil penalty must be de novo.

Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order.

The p.

38 SB 6039 director shall conduct administrative review in accordance with chapter 34.05 RCW.

(8) The director shall issue all final orders after appeal of the initial order.

The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.

(9) Orders that are not appealed within the period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(10) Absent good cause, a transportation network company that fails to allow adequate inspection of records in an investigation by the department under this section within a reasonable time period may not use such records in any appeal under such rules to challenge the correctness of any determination by the department of penalties assessed.

(11) Collections of unpaid citations assessing civil penalties will be handled pursuant to the procedures outlined in RCW 49.48.086.

(12) If the department determines that a transportation network company has violated the requirements in RCW 49.46.300(12) to collect and remit the established fee, and issues to the transportation network company a citation and notice of assessment, the department may order the transportation network company to pay all owed remittance payments as required under RCW 49.46.300(12).

The department shall deposit all unpaid remittance amounts into the driver resource center fund ((established)) created in RCW 49.46.310.

Sec.

22.

RCW 49.46.340 and 2022 c 281 s 5 are each amended to read as follows:

(1) It is unlawful for a transportation network company to interfere with, restrain, or deny the exercise of any driver right provided under or in connection with RCW 49.46.300 and 49.46.210(5).

This means a transportation network company may not use a driver's exercise of any of the rights provided under RCW 49.46.300 and 49.46.210(5) as a factor in any action that adversely affects the driver's use of the transportation network.

(2) It is unlawful for a transportation network company to adopt or enforce any policy that counts the use of earned paid sick time for a purpose authorized under RCW 49.46.210(1) (b) and (c) as time off the platform that may lead to or result in temporary or permanent deactivation by the transportation network company against the driver.

p.

39 SB 6039 (3) It is unlawful for a transportation network company to take any adverse action against a driver because the driver has exercised their rights provided under RCW 49.46.300 and 49.46.210(5).

Such rights include, but are not limited to:

Filing an action, or instituting or causing to be instituted any proceeding under or related to RCW 49.46.300 and 49.46.210(5), or testifying or intending to testify in any such proceeding related to any rights provided under RCW 49.46.300 and 49.46.210(5).

(4) Adverse action means any action taken or threatened by a transportation network company against a driver for the driver's exercise of rights under RCW 49.46.300 and 49.46.210(5).

(5) A driver who believes that he or she was subject to retaliation by a transportation network company for the exercise of any driver right under RCW 49.46.300 and 49.46.210(5) may file a complaint with the department within 180 days of the alleged retaliatory action.

The department may, at its discretion, extend the 180-day period on recognized equitable principles or because of extenuating circumstances beyond the control of the department.

The department may extend the 180-day period when there is a preponderance of evidence that the transportation network company has concealed or misled the driver regarding the alleged retaliatory action.

(6) If a driver files a timely complaint with the department alleging retaliation, the department shall investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved.

The department may extend the period by providing advance written notice to the driver and the transportation network company setting forth good cause for an extension of the period, and specifying the duration of the extension.

(7) The department may consider a complaint to be otherwise resolved when the driver and the transportation network company reach a mutual agreement to remedy any retaliatory action, or the driver voluntarily and on the driver's own initiative withdraws the complaint.

(8) If the department's investigation finds that the driver's allegation of retaliation cannot be substantiated, the department shall issue a determination of compliance to the driver and the transportation network company detailing such finding.

p.

40 SB 6039 (9) If the department's investigation finds that the transportation network company retaliated against the driver, and the complaint is not otherwise resolved, the department may, at its discretion, notify the transportation network company that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the transportation network company to take corrective action to remedy the retaliatory action.

If the complaint is not otherwise resolved, then the department shall issue a citation and notice of assessment.

The department's citation and notice of assessment may:

(a) Order the transportation network company to make payable to the driver earnings that the driver did not receive due to the transportation network company's retaliatory action, including interest of one percent per month on all earnings owed.

The earnings and interest owed will be calculated from the first date earnings were owed to the driver;

(b) Order the transportation network company to restore the contract of the driver, unless otherwise prohibited by law;

(c) Order the transportation network company to cease using any policy that counts the use of earned paid sick time as time off the platform or an adverse action against the driver;

(d) For the first violation, order the transportation network company to pay the department a civil penalty established in subsection (15) of this section;

and (e) For a repeat violation, order the transportation network company to pay the department up to double the civil penalty established in subsection (15) of this section.

(10) The department shall send the citation and notice of assessment or determination of compliance to both the transportation network company and driver ((by service of process or)) using ((a)) an electronic or nonelectronic method by which the ((mailing)) citation and notice of assessment or determination of compliance can be tracked or the delivery can be confirmed to their last known addresses.

A transportation network company may designate ((a mailing address of record for service, and additionally may provide an email address to which the department shall direct electronic courtesy copies of mailed correspondence, if such email address is provided)) an electronic or physical address of record for service.

Before using an electronic method for the first time under this subsection, the department must provide the transportation network company and the p.

41 SB 6039 driver the option to receive communication through a nonelectronic method.

(11) During an investigation of the driver's retaliation complaint, if the department discovers information suggesting alleged violations by the transportation network company of the driver's other rights under this chapter, and all applicable rules, the department may investigate and take appropriate enforcement action without requiring the driver to file a new or separate complaint.

In the event the department so expands an investigation, it shall provide reasonable notice to the transportation network company that it is doing so.

If the department determines that the transportation network company violated additional rights of the driver under this chapter, and all applicable rules, the transportation network company may be subject to additional enforcement actions for the violation of such rights.

If the department discovers information alleging the transportation network company retaliated against or otherwise violated rights of other drivers under this chapter, and all applicable rules, the department may launch further investigation under this chapter, and all applicable rules, without requiring additional complaints to be filed.

(12) The department may prioritize retaliation investigations as needed to allow for timely resolution of complaints.

(13) Nothing in this section impedes the department's ability to investigate under the authority prescribed in RCW 49.48.040.

(14) Nothing in this section precludes a driver's right to pursue private legal action, if any exists.

(15) If the department's investigation finds that a transportation network company retaliated against a driver, pursuant to the procedures outlined in this section, the department may order the transportation network company to pay the department a civil penalty.

A civil penalty for a transportation network company's retaliatory action will not be less than $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the retaliatory action per claimant, whichever is greater.

The maximum civil penalty for a transportation network company's retaliatory action shall be $20,000 per claimant for the first violation, and $40,000 for each repeat violation.

(16) The department may, at any time, waive or reduce any civil penalty assessed against a transportation network company under this p.

42 SB 6039 section if the department determines that the transportation network company has taken corrective action to remedy the retaliatory action.

(17) The department will deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

(18) Collections of amounts owed for unpaid citations and notices of assessment, as detailed in this section, will be handled pursuant to the procedures outlined in RCW 49.48.086.

(19) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance may, within 30 days after the date of such determination, submit a request for reconsideration to the department setting forth the grounds for seeking such reconsideration, or submit an appeal to the director pursuant to the procedures outlined in subsection (22) of this section.

If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal.

(20) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the transportation network company and the driver.

The department shall determine if there are any valid reasons to reverse or modify the department's original decision to issue a citation and notice of assessment or determination of compliance within 30 days of receipt of such request.

The department may extend this period by providing advance written notice to the driver and transportation network company setting forth good cause for an extension of the period, and specifying the duration of the extension.

After reviewing the reconsideration, the department shall either:

(a) Notify the driver and the transportation network company that the citation and notice of assessment or determination of compliance is affirmed;

or (b) Notify the driver and the transportation network company that the citation and notice of assessment or determination of compliance has been reversed or modified.

(21) A request for reconsideration submitted to the department shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending the reconsideration decision by the department.

(22)(a) Within 30 days after the date the department issues a citation and notice of assessment or a determination of compliance, p.

43 SB 6039 or within 30 days after the date the department issues its decision on the request for reconsideration, a person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance may file with the director a notice of appeal.

(b) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

(c) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order.

The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment or determination of compliance shall be de novo.

Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order.

The director shall conduct administrative review in accordance with chapter 34.05 RCW.

(23) If a request for reconsideration is not submitted to the department within 30 days after the date of the original citation and notice of assessment or determination of compliance, and a person, firm, or corporation aggrieved by a citation and notice of assessment or determination of compliance did not submit an appeal to the director, then the citation and notice of assessment or determination of compliance is final and binding, and not subject to further appeal.

(24) The director shall issue all final orders after appeal of the initial order.

The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.

(25) The director's orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(26) Absent good cause, a transportation network company that fails to allow adequate inspection of records in an investigation by the department under this section within a reasonable time period may not use such records in any appeal under such rules to challenge the correctness of any determination by the department.

p.

44 SB 6039 Sec.

23.

(1) Any employer that coerces an employee in furtherance of the employer committing a violation of wage payment requirements as defined in chapter 49.48 RCW, condition of labor requirements as defined in chapter 49.12 RCW, or any violations under chapter 49.30 RCW, including rules issued by the department pursuant to chapter 49.30 RCW, is subject to a civil penalty under this section, in p.addition to any other penalty that may be imposed by the department against an employer for those violations.

28 SSB 6039 addition to any other penalty that may be imposed by the department against an employer for those violations.

(f)p. If the department determines the employer violated this section, the department must assess a civil penalty for each coercive act as follows:

45 SB 6039 (f) If the department determines the employer violated this section, the department must assess a civil penalty for each coercive act as follows:

p.(4) Each act of coercion against each affected employee constitutes a separate violation of chapter 236, Laws of 2025.

29 SSB 6039 (4) Each act of coercion against each affected employee constitutes a separate violation of chapter 236, Laws of 2025.

(b)p. A notice of appeal filed with the director under this section stays the effectiveness of the citation assessing a civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

46 SB 6039 (b) A notice of appeal filed with the director under this section stays the effectiveness of the citation assessing a civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation assessing a civil p.penalty shall be de novo.

30 SSB 6039 penalty shall be de novo.

21.24.

(1) If upon investigation by the director, after taking assignments of any wage claim under RCW 49.48.040 or after receiving a wage complaint as defined in RCW 49.48.082 from an employee, it appears to the director that the employer is representing to his or her employees that he or she is able to pay wages for their services and that the employees are not being paid for their services, the director may require the employer to give a bond in such sum as the directorp. deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct his or her business and pay his or her employees in accordance with the laws of the state of Washington.

(2)47 IfSB within6039 ((ten))director 10deems daysreasonable afterand demandadequate forin such bond the employercircumstances, failswith tosufficient providesurety, theconditioned same,that the directoremployer maywill commencefor a suitdefinite againstfuture theperiod employernot inexceeding thesix superiormonths courtconduct ofhis appropriateor jurisdictionher tobusiness compeland himpay his or her toemployees furnishin suchaccordance bondwith orthe ceaselaws doingof p.the state of Washington.

31(2) SSBIf 6039within ((ten)) 10 days after demand for such bond the employer fails to provide the same, the director may commence a suit against the employer in the superior court of appropriate jurisdiction to compel him or her to furnish such bond or cease doing business until he or she has done so.

22.25.

(1)p. If an employee files a wage complaint with the department, the department shall investigate the wage complaint.

48 SB 6039 (1) If an employee files a wage complaint with the department, the department shall investigate the wage complaint.

The department may not investigate any p.alleged violation of a wage payment requirement that occurred more than three years before the date that the employee filed the wage complaint.

32 SSB 6039 alleged violation of a wage payment requirement that occurred more than three years before the date that the employee filed the wage complaint.

(b)p. The department may not assess a civil penalty if the employer reasonably relied on:

49 SB 6039 (b) The department may not assess a civil penalty if the employer reasonably relied on:

In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, p.and interpretations for purposes of determining whether an employer is immune from civil penalties under (b)(ii) of this subsection.

33 SSB 6039 and interpretations for purposes of determining whether an employer is immune from civil penalties under (b)(ii) of this subsection.

For the purposes of this subsection, the department's investigation begins on the date the employee files thep. wage complaint with the department and ends when:

50 SB 6039 the wage complaint with the department and ends when:

(6) For all wage complaints filed on or after January 1, 2024, if the department offers the employer the option to resolve a wage p.complaint without a citation and notice of assessment, and the employer chooses to accept the offer, any settlement must include interest of one percent per month on all amounts owed.

34 SSB 6039 complaint without a citation and notice of assessment, and the employer chooses to accept the offer, any settlement must include interest of one percent per month on all amounts owed.

23.26.

The departmentp. must publish advice and guidance for employers with fifty or fewer employees relating to this subsection (1)(d).

51 SB 6039 department must publish advice and guidance for employers with fifty or fewer employees relating to this subsection (1)(d).

p.(2)(a) A property services contractor shall submit the following to the department on an annual basis on a form or in a manner determined by the department:

35 SSB 6039 (2)(a) A property services contractor shall submit the following to the department on an annual basis on a form or in a manner determined by the department:

For a repeat willful violator,p. the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation.

52 SB 6039 violator, the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation.

Penalties collected under this section must p.be deposited into the supplemental pension fund established under RCW 51.44.033.

36 SSB 6039 be deposited into the supplemental pension fund established under RCW 51.44.033.

or (ii) on behalf of an employerp. to provide commercial janitorial services.

53 SB 6039 employer to provide commercial janitorial services.

p.(f) "Repeat willful violator" means any employer that has been the subject of a final and binding citation for a willful violation of one or more requirements under this section and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more requirements.

37 SSB 6039 (f) "Repeat willful violator" means any employer that has been the subject of a final and binding citation for a willful violation of one or more requirements under this section and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more requirements.

24.27.

(d) The department must send the citation and notice of assessment or the determination of compliance to both the employer and the employee by service of process or using ((a)) an electronic or nonelectronic method by which the ((mailing)) citation and notice of assessment or the determination of compliance can be tracked or p.

3854 SSBSB 6039 (d) The department must send the citation and notice of assessment or the determination of compliance to both the employer and the employee by service of process or using ((a)) an electronic or nonelectronic method by which the ((mailing)) citation and notice of assessment or the determination of compliance can be tracked or the delivery can be confirmed to their last known addresses.

The department must adopt rules creating a schedule to enhance penalties, not to exceed $10,000 per violation, basedp. on repeat violations by the employer.

55 SB 6039 based on repeat violations by the employer.

(7) Except as provided under subsection (1) of this section, an employer who is found to have violated a requirement of this chapter p.and the rules adopted under this chapter resulting in a rest or meal period violation, must pay the employee one additional hour of pay at the employee's regular rate of pay for each day there is a violation.

39 SSB 6039 and the rules adopted under this chapter resulting in a rest or meal period violation, must pay the employee one additional hour of pay at the employee's regular rate of pay for each day there is a violation.

25.28.

Any notice or order required by this title to be ((mailed)) sent to any employer may be served in the manner prescribed by law for personal service of summons and complaint in the commencement of actions in the superior courts of the state, but if the notice or order is mailed, it shall be addressed to the address of the employer as shown by the records of the department, or, if no such address is shown,p. to such address as the department is able to ascertain by reasonable effort.

56 SB 6039 shown, to such address as the department is able to ascertain by reasonable effort.

Before using an electronic method for the first time for any p.notice or order under this title, the department must provide the employer the option to receive communication through a nonelectronic method.

40 SSB 6039 notice or order under this title, the department must provide the employer the option to receive communication through a nonelectronic method.

26.29.

If compensation is paid or awarded under this title, the total amount of compensation or other recoveries, including settlement proceeds, paid or awarded the worker or beneficiary under suchp. other workers' compensation law shall be credited against the compensation due the worker or beneficiary under this title.

(3)(a)57 AnSB employer6039 notsuch domiciledother inworkers' thiscompensation statelaw whoshall isbe employingcredited workersagainst inthe thiscompensation statedue in work for which the employerworker mustor bebeneficiary registered under chapterthis 18.27title. RCW, licensed under chapter 18.106 p.

41(3)(a) SSBAn 6039employer not domiciled in this state who is employing workers in this state in work for which the employer must be registered under chapter 18.27 RCW, licensed under chapter 18.106 RCW, licensed under chapter 19.28 RCW, or prequalified under RCW 47.28.070, must secure the payment of compensation under this title by:

(i) The filing of the certificate constitutes appointment by the employer or his or her insurance carrier of the director as its agent forp. acceptance of the service of process in any proceeding brought by any claimant to enforce rights under this title;

(ii)58 TheSB director6039 shallfor sendacceptance toof suchthe employerservice orof hisprocess orin herany insuranceproceeding carrier,brought ((by registered or certified mail)) using an electronic or nonelectronic method by whichany theclaimant notice can be tracked or the delivery can be confirmed to theenforce addressrights shownunder onthis suchtitle; p.

42(ii) SSBThe 6039director shall send to such employer or his or her insurance carrier, ((by registered or certified mail)) using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed to the address shown on such certificate, a true copy of any notice of claim or other process served on the director by the claimant in any proceeding brought to enforce rights under this title.title .

(c) If subject to subsection (3) of this section, has not complied with subsection (3) of this section or, if not subject to subsection (3) of this section, has neither qualified as a self- insurer nor secured insurance coverage under the workers' compensation law of another state or province of Canada, the claimant shall be paid compensation by the department and the employer shall havep. the same rights and obligations, and is subject to the same penalties, as other employers subject to this title.

59 SB 6039 have the same rights and obligations, and is subject to the same penalties, as other employers subject to this title.

or (ii) if (a)(i) of this subsection is not p.applicable, he or she is domiciled in and spends a substantial part of his or her working time in the service of his or her employer in this or the other state;

43 SSB 6039 applicable, he or she is domiciled in and spends a substantial part of his or her working time in the service of his or her employer in this or the other state;

The department is authorized to adopt rules governing premium liability and reportingp. requirements for hours of work in excess of temporary and incidental as defined in this chapter.

60 SB 6039 reporting requirements for hours of work in excess of temporary and incidental as defined in this chapter.

p.(10) By December 1, 2011, the department shall report to the workers' compensation advisory committee on the effect of this section on the revenue and costs to the state fund.

44 SSB 6039 (10) By December 1, 2011, the department shall report to the workers' compensation advisory committee on the effect of this section on the revenue and costs to the state fund.

27.30.

(3)p. The department shall transfer the balance of any defaulted self-insured employer's deposit as required by RCW 51.14.020 into the insolvency trust fund when the following have occurred:

61 SB 6039 (3) The department shall transfer the balance of any defaulted self-insured employer's deposit as required by RCW 51.14.020 into the insolvency trust fund when the following have occurred:

p.Sec.

4531. SSB 6039 Sec.

28.RCW 51.14.090 and 1996 c 58 s 1 are each amended to read as follows:

(1) Upon the petition of any employee or union or association having a substantial number of employees in the employ of the self- insurer the director or the director's designee may, in the director or designee's sole discretion, hold a hearing to determine whether or not there are grounds for the withdrawal of certification of a self- insurer or for corrective action by the department.

(2) The director shall serve upon the self-insurer and upon any employee or union or association having a substantial number of employees in the employ of said self-insurer, personally or by ((certified)) mail using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed, a notice of intention to withdraw, or not to withdraw, certification of the self-insurer, which notice shall describe the nature and location or locations of the plants or operations involved;

and the specific nature of the reasons for the decision.

Similar notice shall be provided for decisions regarding corrective actions.

The corrective action notice shall also include a directive to the self-insurer specifying the program deficiencies to be eliminated.

(3) If the decision is to withdraw certification, it shall include:

The period of time within which the ground or grounds therefor existed or arose;

and the date, not less than ((ninety)) 90 days after the self-insurer's receipt of the notice, when the certification will be withdrawn.

Before using an electronic method for the first time under this subsection, the department must provide the self-insurer, union, or association the option to receive communication through a nonelectronic method.

(4) An appeal of any action taken by the director under this section may be taken by the self-insurer, or by any employee or union or association having a substantial number of employees in the employ of the self-insurer.

Proceedings on the appeal shall be as prescribed p.

62 SB 6039 in this title.

Appeal by a self-insurer of notice of intention to withdraw certification or to take corrective action shall not act as a stay of the withdrawal or corrective action, unless the board or court, for good cause shown, orders otherwise.

(5) The director may adopt rules to carry out the purposes of this section.

Sec.

32.

(d)p. Any remaining balance shall be paid to the injured worker or beneficiary;

and63 (e)SB Thereafter6039 no(d) paymentAny remaining balance shall be madepaid to orthe oninjured behalf of a worker or beneficiarybeneficiary; by the department and/or self-insurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance minus the department's and/or self-insurer's proportionate share of the costs and reasonable p.

46and SSB(e) 6039Thereafter no payment shall be made to or on behalf of a worker or beneficiary by the department and/or self-insurer for such injury until the amount of any further compensation and benefits shall equal any such remaining balance minus the department's and/or self-insurer's proportionate share of the costs and reasonable attorneys' fees in regards to the remaining balance.

(6) The distribution of any recovery made by award or settlement of the third party action shall be confirmed by department order((, served by a method for which receipt can be confirmed or tracked, and shallp. be subject to chapter 51.52 RCW)) pursuant to RCW 51.52.050.

64 SB 6039 shall be subject to chapter 51.52 RCW)) pursuant to RCW 51.52.050.

The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for p.such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of such worker or beneficiary mentioned in the warrant, the amount of the unpaid lien plus interest accrued and the date when the warrant was filed.

47 SSB 6039 such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of such worker or beneficiary mentioned in the warrant, the amount of the unpaid lien plus interest accrued and the date when the warrant was filed.

Any person, firm, corporation, municipal corporation, political subdivisionp. of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within ((twenty)) 20 days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order to withhold and deliver.

In65 theSB event6039 theresubdivision isof in the possessionstate, public corporation, or agency of the partystate namedupon andwhom servedservice withhas suchbeen made shall answer the notice within ((twenty)) 20 days exclusive of the day of service, under oath and order,in anywriting, propertyand whichshall maymake betrue subjectanswers to the claimmatters inquired of in the p.notice and order to withhold and deliver.

48In SSBthe 6039event there is in the possession of the party named and served with such notice and order, any property which may be subject to the claim of the department, such property shall be delivered forthwith to the director or the director's authorized representative upon demand.

29.33.

(1) The department or self-insurer may require the injured worker or beneficiary to exercise the right of election under this chapter by ((serving a written demand by registered mail, certified mail, or personal service on the worker or beneficiary)) servingnotifying athe writteninjured demandworker by mail, or ifbeneficiary theusing injuredan workerelectronic or beneficiarynonelectronic chooses,method by which the departmentnotice maycan sendbe bytracked secureor electronicthe means.delivery can be confirmed.

Before using an electronic method for the first time under this section, the department or self-insurer must provide the injured worker or beneficiary the option to receive communication through a nonelectronic method.

When a beneficiaryp. is a minor child the demand shall be served upon the legal custodian or guardian of such beneficiary.

66 SB 6039 beneficiary is a minor child the demand shall be served upon the legal custodian or guardian of such beneficiary.

(4) If the department or self-insurer has taken an assignment of the third party cause of action under subsection (2) of this section, the injured worker or beneficiary may, at the discretion of the department or self-insurer, exercise a right of reelection and assume p.the cause of action subject to reimbursement of litigation expenses incurred by the department or self-insurer.

49 SSB 6039 the cause of action subject to reimbursement of litigation expenses incurred by the department or self-insurer.

30.34.

(1) If the injured worker or beneficiary elects to seek damages from the third person, notice of the election must be given to the department or self-insurerself-insurer((. ((.

31.35.

Where temporary disability compensation is payable, the first payment thereof shall be ((mailed)) sent within ((fourteen)) 14 days after receipt of the claimp. at the department's offices in Olympia and shall continue at regular semimonthly intervals.

67 SB 6039 claim at the department's offices in Olympia and shall continue at regular semimonthly intervals.

32.36.

p.If the amount of taxes, interest, or penalties assessed by the director or the director's designee by order and notice of assessment pursuant to RCW 51.48.170 is not paid within ((ten)) 10 days after the service or ((mailing)) electronic or nonelectronic mailing of the order and notice of assessment, the director or the director's designee may collect the amount stated in said assessment by the distraint, seizure, and sale of the property, goods, chattels, and effects of the delinquent employer.

50 SSB 6039 If the amount of taxes, interest, or penalties assessed by the director or the director's designee by order and notice of assessment pursuant to RCW 51.48.170 is not paid within ((ten)) 10 days after the service or ((mailing)) electronic or nonelectronic mailing of the order and notice of assessment, the director or the director's designee may collect the amount stated in said assessment by the distraint, seizure, and sale of the property, goods, chattels, and effects of the delinquent employer.

33.37.

(1)(a) Whenever the department has made any order, decision, or award, it shall promptly serve the worker, beneficiary, employer, or other person affected thereby, with a copy ((thereof by mail, or if the worker, beneficiary, employer, or other person affected thereby chooses, the department may send correspondence and other legal notices by secure electronic means except for orders communicating the closure of a claim))claim)), thereofusing byan mail,electronic or ifnonelectronic themethod, worker,of beneficiary, employer, or other person affected thereby chooses, the departmentorder, maydecision, sendor correspondenceaward. and other legal notices by secure electronic means.

(b)Before Inusing the event the department has made an orderelectronic communicatingmethod for the closurefirst oftime aunder claimthis ofsection, a self-insured employer, the self-insured employer may serve the department ordermust providedprovide the self-insuredworker, employerbeneficiary, doesemployer, soor usingother aperson separate,affected secure,thereby and verifiable ((nonelectronic)) means of delivery in accordance with the requirementsoption forto thereceive department'scommunication servicethrough ina (a)nonelectronic ofmethod. this subsection and includes the department prescribed notice explaining the contents of the order and any protest or appeal rights.

(b) In the event the department has made an order communicating the closure of a claim of a self-insured employer, the self-insured employer may serve the department order provided the self-insured p.

68 SB 6039 employer does so using a separate, secure, and verifiable ((nonelectronic)) means of delivery in accordance with the requirements for the department's service in (a) of this subsection and includes the department prescribed notice explaining the contents of the order and any protest or appeal rights.

Correspondence and notices must be addressed to ((such a person at his or her last known postal or electronic)) workers, beneficiaries, employers, or other persons affected thereby addressed p.to the address as shown by the records of the department.

51 SSB 6039 to the address as shown by the records of the department.

(2)(a) Whenever the department has taken any action or made any decision relating to any phase of the administration of this title thep. worker, beneficiary, employer, or other person aggrieved thereby may request reconsideration of the department, or may appeal to the board.

69 SB 6039 the worker, beneficiary, employer, or other person aggrieved thereby may request reconsideration of the department, or may appeal to the board.

A worker may request that benefits cease p.pending appeal at any time following the employer's motion for stay or the board's order granting appeal.

52 SSB 6039 pending appeal at any time following the employer's motion for stay or the board's order granting appeal.

(ii)p. If any party appeals an order establishing a worker's wages or the compensation rate at which a worker will be paid temporary or permanent total disability or loss of earning power benefits, the worker shall receive payment pending a final decision on the merits based on the following:

70 SB 6039 (ii) If any party appeals an order establishing a worker's wages or the compensation rate at which a worker will be paid temporary or permanent total disability or loss of earning power benefits, the worker shall receive payment pending a final decision on the merits based on the following:

p.(c) In an appeal from an order of the department that alleges willful misrepresentation, the department or self-insured employer shall initially introduce all evidence in its case in chief.

53 SSB 6039 (c) In an appeal from an order of the department that alleges willful misrepresentation, the department or self-insured employer shall initially introduce all evidence in its case in chief.

34.38.

The department shall send the notice using ((a)) an electronic or nonelectronic method by which the ((mailing)) notice can be tracked or the delivery can be confirmed to the violator that a hearing may be requested under RCW 70.79.361.p.

71 SB 6039 70.79.361.

35.39.

p.(c) Failure to notify the department and the owner or lessee of a conveyance or related mechanisms of any condition not in compliance with this chapter;

54 SSB 6039 (c) Failure to notify the department and the owner or lessee of a conveyance or related mechanisms of any condition not in compliance with this chapter;

(4)p. The department shall notify in writing the owner, licensee, or person performing conveyance work, of its action and the reason for the action.

72 SB 6039 (4) The department shall notify in writing the owner, licensee, or person performing conveyance work, of its action and the reason for the action.

(5)(a) If the department has suspended or revoked a permit or license because of fraud or error, and a hearing is requested, the p.suspension or revocation shall be stayed until the hearing is concluded and a decision is issued.

55 SSB 6039 suspension or revocation shall be stayed until the hearing is concluded and a decision is issued.

36.40.

Each day that the violation continuesp. is a separate violation and is subject to a separate penalty.

73 SB 6039 continues is a separate violation and is subject to a separate penalty.

The notice shall inform p.the violator that a hearing may be requested under RCW 70.87.170.

56 SSB 6039 the violator that a hearing may be requested under RCW 70.87.170.

37.41.

5774 SSBSB 6039