14.21.050 - Enforcement
A. Powers and duties. The Director shall investigate alleged violations of this Chapter 14.21 and has such powers and duties in the performance of these functions as are defined in this Chapter 14.21 and otherwise necessary and proper in the performance of the same and provided for by law. The Director of the Department is authorized to adopt and promulgate rules to implement the provisions of this Chapter 14.21 pursuant to the Administrative Code, Chapter 3.02.
B. Reporting and investigation of violations. The Director shall investigate any violations of this Chapter 14.21.
1. Individual reporting of a violation of this Chapter 14.21 should include a statement of the date, location, and provider or providers responsible for such violation.
2. The Director shall keep confidential, to the maximum extent permitted by applicable laws, the name and other identifiable information of the person reporting the violation, as well as the name and other personally identifiable information of the involved minor.
C. Advisory Letter
If the Director receives a report of an alleged violation of this Chapter 14.21, the Director may issue a letter notifying the provider that provision of conversion therapy or reparative therapy is prohibited.
D. Civil violations
The violation or failure to comply with any provision of this Chapter 14.21 shall constitute a civil violation and shall be enforced under the citation provisions set forth in this Section 14.21.050 by the Director.
E. Citation
1. If the Director determines that a violation of this Chapter 14.21 has occurred, the Director shall issue a citation to the provider or providers. The citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) the date of the violation; (3) a statement that the person cited must respond to the citation within 15 days after service; (4) the applicable penalty; (5) a statement that a response must be sent to the Hearing Examiner and received not later than 5 p.m. on the day the response is due; (6) the name, address, and phone number of the Hearing Examiner where the citation is to be filed; (7) a statement that the citation represents a determination that a violation has been committed by the person named in the citation and that the determination shall be final unless contested as provided in this Chapter 14.21; and (8) a certified statement of the Director's representative, authorized by chapter 5.50 RCW, setting forth facts supporting issuance of the citation.
2. The citation may be served by personal service in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail, addressed to the last known address of such person(s). Service shall be complete at the time of personal service, or if mailed, on the date of mailing. If a citation sent by first class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property.
F. Response to citation
A person must respond to a citation in one of the following ways:
1. Paying the amount of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or
2. Requesting a contested hearing in writing specifying the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and providing an address to which notice of such hearing may be sent.
A response to a citation must be received by the Office of the Hearing Examiner no later than 15 days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day.
G. Failure to respond. If a person fails to respond to a citation within 15 days of service, an order shall be entered by the Hearing Examiner finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation.
H. Contested hearing
1. Date and notice. If a person requests a contested hearing, the hearing shall be held within 60 days after the written response to the citation requesting such hearing is received.
2. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this Section 14.21.050. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner.
3. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail or such defects or imperfections do not prejudice substantial rights of the person cited.
4. Amendment of citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced.
5. Evidence at hearing. The certified statement or declaration authorized by chapter 5.50 RCW shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under chapter 5.50 RCW and any other evidence accompanying the report shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under chapter 5.50 RCW shall also be admissible without further evidentiary foundation. The person cited may rebut the Department's evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation.
6. Disposition. The Hearing Examiner shall determine by a preponderance of the evidence whether the violation occurred. If the Hearing Examiner determines that the violation occurred, the citation shall be sustained and the Hearing Examiner shall enter an order finding that the person cited committed the violation and imposing the applicable penalty. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation.
7. Final decision. The Hearing Examiner's decision is the final decision of the City.
I. Failure to appear for hearing
Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.
J. Penalties
The following penalties shall be assessed for violations of any provision of this Chapter 14.21:
a. $500 for the first violation; and
b. $1,000 for each subsequent violation.
K. Collection of penalties
If the person cited fails to pay a penalty imposed pursuant to this chapter, the penalty may be referred to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law.
(Ord. 127303, § 19, 2025; Ord. 125100, § 1, 2016)
