Investigation

Seattle Mun. Code § 14.23.085

in effect

14.23.085 - Investigation A. The Agency shall have the power to investigate any violations of this Chapter 14.23 by any respondent. The Agency may initiate an investigation pursuant to rules issued by the Director including, but not limited to, situations when the Director has reason to believe that a violation has occurred or will occur, or when circumstances show that violations are likely to occur within a class of businesses because the workforce contains significant numbers of workers who are vulnerable to violations of this Chapter 14.23 or the workforce is unlikely to volunteer information regarding such violations. An investigation may also be initiated through the receipt by the Agency of a report or complaint filed by a domestic worker or any other person. B. A domestic worker or other person may report to the Agency any suspected violation of this Chapter 14.23. The Agency shall encourage reporting pursuant to this Section 14.23.085 by taking the following measures: 1. The Agency shall keep confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the domestic worker or person reporting the violation. However, with the authorization of such person, the Agency may disclose the domestic worker's or person's name and identifying information as necessary to enforce this Chapter 14.23 or for other appropriate purposes. 2. The Agency may require the hiring entity to post or otherwise notify domestic workers that the Agency is conducting an investigation, using a form provided by the Agency and displaying it on-site, in a conspicuous and accessible location, and in English and the primary language(s) spoken by the domestic worker(s) at the particular workplace. If display of the form is not feasible, including situations when the domestic worker works remotely or does not have a regular workplace, the hiring entity may provide the form on an individual basis in physical or electronic format that is reasonably conspicuous and accessible. 3. The Agency may certify the eligibility of eligible persons for "U" visas under the provisions of 8 U.S.C. § 1184(p) and 8 U.S.C. § 1101(a)(15)(U). The certification is subject to applicable federal law and regulations, and rules issued by the Director. C. The Agency's investigation must commence within three years of the alleged violation. To the extent permitted by law, the applicable statute of limitations for civil actions is tolled during any investigation under this Chapter 14.23 and any administrative enforcement proceeding under this Chapter 14.23 based upon the same facts. For purposes of this Chapter 14.23: 1. The Agency's investigation begins on the earlier date of when the Agency receives a complaint from a person under this Chapter 14.23, or the Agency opens an investigation under this Chapter 14.23. 2. The Agency's investigation ends when the Agency issues a final order concluding the matter and any appeals have been exhausted; the time to file any appeal has expired; or the Agency notifies the respondent in writing that the investigation has been otherwise resolved. D. The Agency's investigation shall be conducted in an objective and impartial manner. E. The Director may apply by affidavit or declaration in the form allowed under chapter 5.50 RCW to the Hearing Examiner for the issuance of subpoenas requiring the attendance and testimony of witnesses, or any document relevant to the issue of whether any domestic worker or group of domestic workers has been or is afforded proper amounts of compensation under this Chapter 14.23 and/or to whether the hiring entity has violated any provision of this Chapter 14.23. The Hearing Examiner shall conduct the review without hearing as soon as practicable and shall issue subpoenas upon a showing that there is reason to believe that a violation has occurred if a complaint has been filed with the Agency, or that circumstances show that violations are likely to occur within a class of businesses because the workforce contains significant numbers of workers who are vulnerable to violations of this Chapter 14.23 or the workforce is unlikely to volunteer information regarding such violations. F. The hiring entity that fails to comply with the terms of any subpoena issued under subsection 14.23.085.E in an investigation by the Agency under this Chapter 14.23 prior to the issuance of a Director's Order issued pursuant to subsection 14.23.090.C may not use such records in any appeal to challenge the correctness of any determination by the Agency as to liability or as to damages and/or penalties assessed. G. In addition to other remedies, the Director may refer any subpoena issued under subsection 14.23.085.E, to the City Attorney to seek a court order to enforce any subpoena. H. Where the Director has reason to believe that a violation has occurred, the Director may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation or hearing, including but not limited to a deposit of funds or bond sufficient to satisfy a good-faith estimate of compensation, interest, damages and penalties due. A respondent may appeal any such order in accordance with Section 14.23.100. (Ord. 127303, § 23, 2025; Ord. No. 125627, § 1, 2018.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.23DOWO_14.23.085INFetched: 11/1/2026