# WAC 16-228-1110: WAC 16-228-1110. Definitions specific to penalties > Washington · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1110 ## Section - **Citation:** WAC 16-228-1110 - **Heading:** WAC 16-228-1110. Definitions specific to penalties - **Jurisdiction:** Washington - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Administrative Code / Title 16 / Chapter 16-228 / Section 16-228-1110 ## Text In addition to the definitions set forth in RCW 17.21.020 , 15.58.030 , and WAC 16-228-1010 , the following shall apply to WAC 16-228-1100 through 16-228-1150 : (1) "Adverse effect(s)" means that the alleged activity or mishap actually causes or creates the possibility of damage, injury, or a public health threat to, or endangerment of, humans, animals, plants, property, the environment, or beneficial pollinating insects. This term includes circumstances when a wood destroying organism inspection has been performed in a faulty, careless or negligent manner. (2) "Beneficial pollinating insects" means those insects commonly considered as pollinators. This term does not include any of the following: (a) Insects in any life stage that are presenting a current harm to humans, animals, plants, property, or the environment; (b) Insects in any life stage normally considered to be a pest; (c) Insects which the director declares to be a pest; and (d) Any pollinating insect that may be incidentally adversely affected by any properly licensed public health vector control program as a result of that program's normal operations done in compliance with the law and which operates with reasonable care. (3) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law, or rules. The term does not include any criminal penalty, damage assessment, wages, premiums, or taxes owed, or interest or late fees on any existing obligation. (4) "Human exposure" means a pesticide exposure to humans caused by a violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. (5) "Level of violation" means that the alleged violation is a first, second, third, or more violation(s). For purposes of calculating the level of violation, prior incidences will be measured from the date that a final order or stipulated order resolved the prior violation(s), and not from the date that the incident(s) occurred. tion of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. (5) "Level of violation" means that the alleged violation is a first, second, third, or more violation(s). For purposes of calculating the level of violation, prior incidences will be measured from the date that a final order or stipulated order resolved the prior violation(s), and not from the date that the incident(s) occurred. (a) "First violation" means the alleged violator has committed no prior incident resulting in a notice of intent within three years of committing the current alleged violation. (b) "Second violation" means the alleged violator committed one prior incident resulting in a notice of intent within three years of committing the current alleged violation. (c) "Third violation" means the alleged violator committed two or more prior incidents resulting in a notice of intent within three years of committing the current alleged violation. (6) "License in good standing" means an unexpired license that is not currently suspended or revoked by the director. (7) "Not probable" means that the alleged violator's conduct more likely than not did not or would not have caused an adverse effect. (8) "Notice of correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 15.58 or 17.21 RCW, or the rules adopted thereunder, but that is not subject to civil penalties as provided for in RCW 43.05.110 . A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record. (9) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to suspend, deny, or revoke the alleged violator's pesticide license. t to appeal, and is a public record. (9) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to suspend, deny, or revoke the alleged violator's pesticide license. (10) "Pesticide exposure" means intentional or unintentional contact with pesticides caused by a violation of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. (11) "Probable" means that the alleged violator's conduct more likely than not did or would have caused an adverse effect. (12) "Revoke" or "revocation" means the termination of a license for violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. The department will not reactivate revoked licenses. (13) "Suspend" or "suspension" means the abeyance of a license for a specific period of time for violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. The department may reactivate suspended licenses following the period of suspension. (14) "Unlicensed" means any person or apparatuses that does not hold or has not been issued a license in good standing for an activity where a license is required by chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. (15) "Violation" means commission of an act or acts prohibited by chapter 15.58 or 17.21 RCW, or the rules adopted thereunder. ## Nearby sections - [WAC 16-228-1010 WAC 16-228-1010. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1010.md) - [WAC 16-228-1020 WAC 16-228-1020. What are the rights of complainants?](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1020.md) - [WAC 16-228-1030 WAC 16-228-1030. What are the rights of person aggrieved?](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1030.md) - [WAC 16-228-1040 WAC 16-228-1040. How soon must the department respond to a complaint?](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1040.md) - [WAC 16-228-1100 WAC 16-228-1100. Basis for penalties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1100.md) - [WAC 16-228-1110 WAC 16-228-1110. Definitions specific to penalties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1110.md) - [WAC 16-228-1115 WAC 16-228-1115. Civil penalty may be issued prior to a notice of correction](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1115.md) - [WAC 16-228-1120 WAC 16-228-1120. Calculation of penalties](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1120.md) - [WAC 16-228-1125 WAC 16-228-1125. Revocation or denial of a license](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1125.md) - [WAC 16-228-1126 WAC 16-228-1126. Penalties for certain recordkeeping violations](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1126.md) - [WAC 16-228-1127 WAC 16-228-1127. Penalties for unlicensed using, handling, applying, distributing, or consulting about pesticides](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1127.md) - [WAC 16-228-1128 WAC 16-228-1128. Penalties for violations of chapter 16-233 WAC — Worker protection standard](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1128.md) - [WAC 16-228-1129 WAC 16-228-1129. Penalties for other violations of chapter 15.58 or 17.21 RCW, or the rules adopted thereunder](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1129.md) - [WAC 16-228-1130 WAC 16-228-1130. Penalty assignment schedules — Tables I, II, and III](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1130.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_16_228_1110. Check the current official text before relying on it. Not legal advice.