- (1) If the disciplining authority alleges failure to comply with a disciplinary order, the department may file a motion for hearing with the adjudicative clerk's office and serve a copy on the respondent.
- (2) Upon receipt of the motion, the adjudicative clerk's office shall issue a notice of hearing on motion notifying the parties of the time, place and date of the administrative hearing.
- (3) The sole issue at the hearing shall be whether the respondent failed to comply with a disciplinary order.
- (4) At the hearing, the department has the burden of proving it is more probable than not that the respondent failed to comply with a disciplinary order.
- (5) The presiding officer will issue an order including findings of fact and conclusion of law.
- (6) If the department has proven failure to comply with a disciplinary order, the sanction will be indefinite suspension until compliance is achieved as determined by the disciplining authority.
[Statutory Authority: RCW 43.70.040, 34.05.220, 34.05.410, 18.130.050, and 34.05.413 through 34.05.476. WSR 18-18-049, § 246-10-708, filed 8/29/18, effective 9/29/18.]