Section 182-51-1400 - Amount of fines based on culpability(1) In determining the amount of any fine, the authority considers the level of culpability associated with the violation. The levels of culpability, in the order of least severe to most severe, are as follows: (a)Did not know. The reporting entity did not know and by exercising reasonable diligence, could not have known the violation had occurred.(b)Reasonable cause. The reporting entity knew, or by exercising diligence should have known, that the violation had taken place, but the reporting entity did not act with willful neglect.(c)Willful neglect - Corrected. The violation was due to the reporting entity's intentional failure or reckless indifference, and the violation was corrected within thirty calendar days from the date the reporting entity knew or with reasonable diligence should have known of the violation.(d)Willful neglect - Uncorrected. The violation was due to the reporting entity's intentional failure or reckless indifference, and the violation was not corrected within thirty calendar days from the date the reporting entity knew or with reasonable diligence should have known of the violation.(2) The fine ranges for each level of culpability and the daily cap for violations of a similar nature are as follows: | Culpability category | Fines per violation, per day |
| Did not know | $250 |
| Reasonable cause | $500 |
| Willful neglect - Corrected | $750 |
| Willful neglect - Not corrected | $1,000 |
(3) Fines begin to accrue on the first day after the reporting deadline. For those reporting entities granted an extension by the authority, fines begin to accrue on the first day after the extended due date.(4) Fines continue to accrue daily until the reporting entity comes into compliance, settles through an informal dispute resolution conference under WAC 182-51-1700, or files a formal appeal under WAC 182-51-1800.Wash. Admin. Code § 182-51-1400
Adopted by WSR 20-19-079, Filed 9/15/2020, effective 10/16/2020