19.34.120 - Licensed certification authorities -- Enforcement -- Suspension or revocation -- Penalties -- Rules -- Costs -- Procedure -- Injunctions. - Washington Statutes

Licensed certification authorities — Enforcement — Suspension or revocation — Penalties — Rules — Costs — Procedure — Injunctions.

(1) The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and secure compliance with this chapter.

     (2) The secretary may suspend or revoke the license of a certification authority for its failure to comply with an order of the secretary.

     (3) The secretary may by order impose and collect a civil penalty against a licensed certification authority for a violation of this chapter. The penalty shall not exceed ten thousand dollars per incident, or ninety percent of the recommended reliance limit of a material certificate, whichever is less. In case of a violation continuing for more than one day, each day is considered a separate incident. The secretary may adopt rules setting forth the standards governing the exercise of the secretary's discretion as to penalty amounts. In the case of a state agency authorized by law to be a licensed certification authority, the sole penalty imposed under this subsection shall consist of specific findings of noncompliance and an order requiring compliance with this chapter and the rules of the secretary. Any penalty imposed under this chapter and chapter 34.05 RCW shall be enforceable in any court of competent jurisdiction.

     (4) The secretary may order a certification authority, which it has found to be in violation of this chapter, to pay the costs incurred by the secretary in prosecuting and adjudicating proceedings relative to the order, and enforcing it.

     (5) The secretary must exercise authority under this section in accordance with the administrative procedure act, chapter 34.05 RCW, and a licensed certification authority may obtain judicial review of the secretary's actions as prescribed by chapter 34.05 RCW. The secretary may also seek injunctive relief to compel compliance with an order.

[1999 c 287 § 8; 1997 c 27 § 7; 1996 c 250 § 203.]

Notes: Effective date -- 1999 c 287: See note following RCW 19.34.010.

Effective date -- Severability -- 1997 c 27: See notes following RCW 19.34.030.