Excessive fines

Where an administrative proceeding has both punitive and remedial goals, the monetary “punishment” can be considered as to whether it violates the Eighth Amendment to the US Constitution and Article 1 § 14 to Washington State’s Constitution, both prohibiting excessive fines.

This constitutional inquiry considers proportionality as to four (4) factors including but not limited to: 1) the nature and extent of the crime; 2) whether the violation was related to other illegal activities; 3) the other penalties that may be imposed for the violation, and 4) the extent of the harm caused.  This is not the end of the inquiry in Washington.  The ability to pay is constitutionally required, as well, in consideration of an offender’s circumstances, particularly where the fine may be so oppressive as to deprive one of their livelihood.

If a petitioner obtains relief on a “significant issue” in a petition for judicial review, including if monetary fine amounts are in violation of state and federal constitutional rights, they may be entitled to an award of fees and expenses under RCW 4.84.350. 

However, the party must bring this argument to agency’s attention pursuant to RCW 34.05.554(1), at the administrative hearing level, out of an abundance of caution, to preserve this argument on appeal through Judicial Review under the Administrative Procedure Act.