Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Toni Overmyer on January 13, 2020, a brief adjudicative proceeding was held on January 23, 2020, in Room 206, Evergreen Plaza Building, 711 Capitol Way, Olympia, Washington, to consider whether the Respondent violated RCW 42.17A.205, .210, and .215 by failing to file a Candidate Registration (C-1) as a 2019 Candidate for Park & Recreation Commissioner of Des Moines Pool Metro Park District, which was due to be filed within two weeks of becoming a candidate or no later than June 3, 2019.
The hearing was held in accordance with Chapters 34.05 RCW and 42.17A RCW and Chapter 390-37 WAC. Commission Chair David Ammons was the Presiding Officer. The Commission staff was represented by Tabitha Townsend, Compliance Coordinator. The Respondent did not participate.
Having considered the evidence, the Presiding Officer finds as follows:
CONCLUSIONS OF LAW
Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:
1. This matter was duly and properly convened and all jurisdictional, substantive, and procedural requirements have been satisfied.
2. The Respondent violated RCW 42.17A.205, .210 and .215 by failing to file the Candidate Registration report by June 3, 2019.
ON the basis of the foregoing Findings of Fact and Conclusions of Law,
IT IS HEREBY ORDERED that the Respondent is assessed a civil penalty of $500, in accordance with the C-1 penalty schedule set forth in WAC 390-37-143, payable within 30 days of the date of the Order.
It is further ordered that the Respondent:
1. Pay the $500 civil penalty within 30 days of the date of this Order.
2. Commit no further violations of Chapter 42.17A RCW or Title 390 WAC, for a period of 5 years from the date of this Order.
Violation Found by Commission (Resolved 04/02/2020)
In the event the Respondent fails to pay the $500 civil penalty within 30 days of the date of the Order, PDC staff will refer the matter for collections.