10.50.100 Enforcement and Penalties.
A. Compliance. For purposes of this Chapter, compliance shall mean fully implementing all provisions in an approved CTR program or is determined to have made a good faith effort as defined in RCW 70.94.534(2) and this Chapter.
B. Violations. The following constitute violations of this Chapter:
1. Failure to develop and/or submit a complete program by the applicable deadlines as stated in this Chapter.
2. Failure to implement an approved CTR program by the applicable deadlines as stated in this Chapter.
3. Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this Chapter.
4. Failure of an affected employer to identify itself to the department within 60 days of the effective date of this Chapter.
5. Failure of a newly affected employer to identify itself to the department within 30 days of becoming an affected employer.
6. Failure to submit quarterly and annual reports by the applicable deadlines as stated in this Chapter.
7. Failure to complete the survey measurement by the applicable deadlines as stated in this Chapter.
8. Failure to maintain CTR Program records.
9. Intentionally submitting fraudulent or false information, data and/or survey results.
C. Penalties.
1. Civil Infraction. Any affected employer who violates any provision of this Chapter shall be subject to a Class 1 civil infraction citation pursuant to the provisions of County Code.
2. Penalty Amount. The penalty for a Class 1 civil infraction is $250.00 per day, pursuant to County Code.
3. Penalty Accrual. Penalties will begin to accrue following the official date of notice from the County. In the event that an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the Hearings Examiner decide in favor of the appellant, all or a portion of the monetary penalties will be dismissed.
4. Union Negotiations. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:
a. Propose to a recognized union any provisions of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the County and advise the union that the proposal being made is necessary for compliance with RCW 70.94.521-551 and this Chapter.
5. Violation Notification. Whenever the Department makes a determination that an affected employer is in violation of this Chapter, the County shall notify the employer in writing.